What is election interference?
The RLA states that a carrier shall not “interfere . . . influence or coerce” its employees in the choice of representative. In order to determine whether there has been interference in the election, the NMB examines whether the “laboratory conditions” essential to representation elections have been tainted. When there are allegations of election interference, the NMB examines the “totality of the circumstances” to determine whether the laboratory conditions have been tainted. The NMB has found election interference where the carrier: conducts improper surveillance of employees; interrogates employees; discharges or disciplines employees; confers benefits on employees, and; solicits or collects ballots. The NMB has shortened the application bar period when organizations have solicited or collected ballots.
