(202)523-5920

NATIONAL MEDIATION BOARD Washington, D.C. 20572

The services of the National Mediation Board were invoked by the Brotherhood of Locomotive Engineers, on August 27, 1996, to investigate and determine who may represent for the purposes of the Railway Labor Act, as provided by Section 2, Ninth, thereof, personnel described as "Engineers", employees of the Arkansas & Missouri Railroad Company.

At the time this application was received, these employees were not represented by any organization or individual.

The Board assigned Mediator Maurice A. Parker to investigate.

FINDINGS

The investigation disclosed that a dispute existed among the craft or class of Engineers. In Arkansas & Missouri Railroad Company, 25 NMB 36 (1997), the Board ordered a re-run election in this case. By direction of the Board the Mediator was instructed to conduct an election using the ballot procedures in Key Airlines, 16 NMB 296 (1989).

The following is the result of the election as reported by Board Representative Eileen Hennessey, who was assigned to count the ballots in this case.

Number of Employees Voting:

The National Mediation Board further finds that the Carrier and employees in this case are, respectively, a Carrier and employees within the meaning of the Railway Labor Act, as amended; that this Board has jurisdiction over the dispute involved herein; and that the interested parties, as well as the Carrier, were given due notice of the Board's investigation.

CERTIFICATION⁽¹⁾

NOW, THEREFORE, in accordance with Section 2, Ninth, of the Railway Labor Act, as amended, and based upon its investigation pursuant thereto, the National Mediation Board certifies that the Brotherhood of Locomotive Engineers, has been duly designated and authorized to represent for the purposes of the

Railway Labor Act, as amended, the craft or class of Engineers, employees of the Arkansas & Missouri Railroad Company, its successors and assigns.

By direction of the NATIONAL MEDIATION BOARD.

Stephen E. Crable

Chief of Staff

1. After the count, the Carrier filed a motion to deny the certification based on the election results. The motion is denied. In Arkansas & Missouri Railroad Company, supra, the Board stated that the BLE will be certified unless a majority of the eligible employees vote against representation.

Since a majority of the eligible employees did not vote against representation, a certification must be issued. See Washington Central Railroad Company, Inc., 20 NMB 439 (1993), in which a 7-7 vote in a re-run election using a Key ballot resulted in a certification.