Part

1208.1 Run-off elections. 1208.2

Percentage of valid authorizations required to determine existence of a representation dispute. 1208.3 Age of authorization cards. 1208.4 1208.5

Recent elections.

Necessary evidence of intervenor's interest in a representation dispute. 1208.6 Eligibility of dismissed employees to vote.

1208.7 Construction of rules. 1208.8 Amendment or rescission of rules.

AUTHORITY: §§ 1208.1 to 1208.8, inclusive, issued under 44 Stat. 577, 48 Stat. 1185; 49 U. S. C. 151 et seq.

SOURCE: 1208.1 to 1208.8, inclusive, contained in Regulations, National Mediation Board, May 1, 1947, 12 F.R. 3083.

§ 1208.1 Run-off elections. (a) If in an election among any craft or class no

organization or individual receives a majority of the legal votes cast, or in the event of a tie vote, a second or run-off election shall be held forthwith: Provided, That a written request by an individual or organization entitled to appear on the run-off ballot is submitted to the Board within ten (10) days after the date of the report of results of the first election.

(b) In the event a run-off election is authorized by the Board, the names of the two individuals or organizations which received the highest number of votes cast in the first election shall be placed on the run-off ballot, and no blank line on which voters may write in the name of any organization or individual will be provided on the run-off ballot.

(c) Employees who were eligible to vote at the conclusion of the first election shall be eligible to vote in the runoff election except (1) those employees whose employment relationship has terminated, and (2) those employees who are no longer employed in the craft or class.

§ 1208.2 Percentage of valid authorizations required to determine existence of a representation dispute. (a) Where the employees involved in a representation dispute are represented by an individual or labor organization, either local or national in scope, and are covered by a valid existing contract between such representative and the carrier, a showing of proved authorizations (checked and verified as to date, signature, and employment status) from at least a ma

jority of the craft or class must be made before the National Mediation Board will authorize an election or otherwise determine the representation desires of the employees under the provisions of section 2, Ninth, of the Railway Labor Act.

(b) Where the employees involved in a representation dispute are unrepresented, a showing of proved authorizations from at least thirty-five (35) percent of the employees in the craft or class must be made before the National Mediation Board will authorize an election or otherwise determine the representation desires of the employees under the provisions of section 2, Ninth, of the Railway Labor Act.

§ 1208.3 Age of authorization cards. Authorizations must be signed and dated in the employee's own handwriting or witnessed mark. No authorizations will be accepted by the National Mediation Board in any employee representation dispute which bear a date prior to one year before the date of the application for the investigation of such dispute.

§ 1208.4 Repeat elections. The National Mediation Board will not commence the investigation of a representation dispute for a period of two (2) years from the date of a certification hereafter issued covering the same craft or class of employees on the same carrier in which a representative was certified except in unusual or extraordinary circumstances.

§ 1208.5 Necessary evidence of intervenor's interest in a representation dispute. In any representation dispute under the provisions of section 2, Ninth, of the Railway Labor Act, an intervening individual or organization must produce proved authorizations from at least thirty-five (35) percent of the craft or class of employees involved to warrant

placing the name of the intervenor on the ballot.

§ 1208.6 Eligibility of dismissed employees to vote. Dismissed employees whose requests for reinstatement account of wrongful dismissal are pending before proper authorities, which includes the National Railroad Adjustment Board or other appropriate adjustment board, are eligible to participate in elections among the craft or class of employees in which they are employed at time of dismissal. This does not include dismissed employees whose guilt has been determined, and who are seeking reinstatement on a leniency basis.

§ 1208.7 Construction of rules. These rules and regulations shall be liberally construed to effectuate the purposes and provisions of the act.

§ 1208.8 Amendment or rescission of rules. (a) Any rule or regulation may be amended or rescinded by the Board at any time.

(b) Any interested person may petition the Board, in writing, for the issuance, amendment, or repeal of a rule or regulation. An original and three copies of such petition shall be filled with the Board in Washington, D. C., and shall state the rule or regulation proposed to be issued, amended, or repealed, together with a statement of grounds in support of such petition.

(c) Upon the filing of such petition, the Board shall consider the same, and may thereupon either grant or deny the petition in whole or in part, conduct an appropriate hearing thereon and make other disposition of the petition. Should the petition be denied in whole or in part, prompt notice shall be given of the denial, accompanied by a simple statement of the grounds unless the denial is self explanatory.

§ 1405.1 Records; withdrawal, inspection and copies—(a) Withdrawal. No report, letter, memorandum file or other document or paper in the official custody of the Service (hereinafter referred to in this order as "records") shall be taken, withdrawn or removed therefrom by any person not officially connected with the Service or any agent or representative of such person without the written consent of the Director.

(b) Inspection and copies. All records in the official custody of the Service are hereby declared to be confidential for、 good cause found. Inspection and the procurement of copies thereof, will be afforded only to persons who demonstrate a material and justifiable interest therein not prejudicial to the public interest as determined by the Director. Applica

tions for inspection or the procurement of copies thereof should be made to the Director, under oath, setting forth the interest of the applicant and showing the reason why and the purpose for which the inspection or the copies of the records requested are desired.

§ 1405.2 Compliance with subpoenas. No officer or employee or other person officially connected with the Service shall produce or present any records of the Service or testify in behalf of any party to any cause pending in any court or before any Board, Commission or other administrative agency of the United States or of any State, Territory, or the District of Columbia with respect to the facts, or other matter coming to his knowledge in his official capacity or with respect to the contents of any records of the Service, whether in answer to a subpoena, subpoena duces tecum or otherwise, without the written consent of the Director. Whenever any subpoena or subpoena duces tecum calling for records or testimony as described above shall have been served upon any such officer, employee or other person, he will, unless otherwise expressly directed by the Director, appear in answer thereto, and respectfully decline, by reason of this part, to produce or present such records or to give such testimony.