If a representation application is dismissed, does the current representative of the craft or class of employees lose its representation rights?
It depends. If an organization files an application for a craft or class that is already represented, the incumbent organization is a party in the investigation and election. If the organization which filed the application does not have an adequate showing of interest or for some other reason the application is dismissed prior to an election, the incumbent organization will remain the representative of the craft or class. If the investigation proceeds to an election and a majority of the eligible voters in the craft or class do not vote in the election, then the application is dismissed and the incumbent organization loses its representation status. In determining whether a majority of employees voted, all votes for representation are totaled. 40. Q: If a new organization is certified, does the collective bargaining agreement with the incumbent organization remain in force and effect until the new organization and the carrier negotiate a collective bargaining agreement? A: This is not
It depends. If an organization files an application for a craft or class that is already represented, the incumbent organization is a party in the investigation and election. If the organization which filed the application does not have an adequate showing of interest or for some other reason the application is dismissed prior to an election, the incumbent organization will remain the representative of the craft or class. If the investigation proceeds to an election and a majority of valid votes are cast for no representation, then the application is dismissed and the incumbent organization loses its representation status.
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