In the Matter of the
Applications of the
alleging representation disputes pursuant to Section 2, Ninth,
of the Railway Labor Act, as amended
involving employees of
|26 NMB No. 14
CASE NOS. R-6455,
R-6641 and R-6642
(File Nos. CR-6640
On August 11, 1998, the International Brotherhood of Teamsters (IBT) filed applications pursuant to the Railway Labor Act, as amended, 45 U.S.C. § 152, Ninth, alleging representation disputes among "Stock Clerks" and "Mechanics and Related Employees," employees of AirTran Airlines and AirTran Airways. These applications were assigned File Nos. CR-6440 and CR-6441, respectively. For the reasons set forth below, this decision extends the IBT's certification to cover Mechanics and Related Employees on the entire merged system, and directs an election among the Stock Clerks.
At the time these applications were filed, Stock Clerks on AirTran Airlines ("Airlines") were represented by the IBT pursuant to Board certification in Case No. R-6561 and Stores Employees on AirTran Airways ("Airways") were represented by the International Association of Machinists and Aerospace Workers (IAM), pursuant to Board certification in Case No. R-6448. Mechanics and Related Employees on Airlines were represented by the IBT pursuant to Board certification in R-6455, and on Airways were represented by the IAM pursuant to Board certification in R-6448.
The Board assigned Board Representative Mary L. Johnson to investigate.
The Board found in AirTran Airways/AirTran Airlines, 25 NMB 429 (1998), which arose from a dispute involving the craft or class of Flight Attendants, that Airlines and Airways comprised a single transportation system, known as AirTran Airlines. The Board based this determination on its investigation including submissions from the Carrier and the Association of Flight Attendants (AFA). Although the Board had invited all other organizations representing employees in any part of the system to file position statements, no other submissions were filed until subsequent to the merger decision.
The participants in this matter take the position that there is a single transportation system. Further, the IAM has submitted a statement to the effect that it does not represent a majority of the Mechanics and Related Employees and has disclaimed interest in the craft or class of Stock Clerks.
FINDINGS, CERTIFICATION, AND
AUTHORIZATION OF ELECTION
Once the Board determines that a single transportation system exists, it examines the potential representation issues. Over the last several years the Board consistently has extended an organization's certification to cover employees in the craft or class on the entire system when the numbers of employees on each part of the system are not comparable. AirTran/AirTran, supra. For example, in
Continental Airlines/Continental Express, 20 NMB 582 (1993), the Board extended the certification of an incumbent which represented 6,994 Flight Attendants to include 423 unrepresented Flight Attendants. In Continental Airlines/Continental Express, 20 NMB 580 (1993), the Board extended the certification of an incumbent which represented 65 Flight Dispatchers to cover 26 unrepresented Flight Dispatchers. See also SAHSA/TAN, 19 NMB 17 (1991), Air Wisconsin/Aspen Airways, 18 NMB 336 (1991), and Alaska Airlines/Jet America, 15 NMB 42 (1987).
The Board's investigation establishes that there are approximately 135 Mechanics and Related Employees on the former Airlines portion of the system and approximately 50 Mechanics and Related Employees on the former Airways. As the numbers of Mechanics and Related Employees on Airlines and Airways are not comparable, the Board hereby extends IBT's certification in R-6455 to cover the craft or class of Mechanics and Related Employees, employees of AirTran Airlines. The Board hereby extinguishes IAM's certification in R-6448.
The Board's investigation further establishes that there are approximately 20 Stock Clerks on the former Airlines part of the system, and approximately 13 on the former Airways part of the system. As these numbers are comparable, the Board, hereby, authorizes an all-mail ballot election among the craft or class of Stock Clerks, employees of AirTran Airlines, using a cut-off date of August 10, 1998. Procedures for Handling Representation Issues Resulting From Mergers, Acquisitions or Consolidations in the Airline Industry, 14 NMB 388 (1987). IBT will appear on the ballot, and the count will take place in Washington, DC. Pursuant to Section 11.2 of the NMB Representation Manual, the Carrier is hereby required to furnish, within 5 calendar days, alphabetized peel-off labels bearing the names and current addresses of those employees on the list of potential eligible voters. Therefore, File No. CR-6440 has been converted to NMB Case No. R-6641 and File No. CR-6641 is converted to NMB Case No. R-6642 and closed.
By direction of the NATIONAL MEDIATION BOARD.
Stephen E. Crable
Chief of Staff
Mr. Robert W. Zoller
Leslie C. Head, Esq.
Mr. Ray Benning
Paula J. Caira, Esq.