In the Matter of the
Application of the
alleging representation dispute pursuant to Section 2, Ninth,
of the Railway Labor Act, as amended
involving employees of
|26 NMB No. 15
CASE NOS. R-6515
On September 25, 1998, the National Pilots Association (NPA) filed an application pursuant to the Railway Labor Act, as amended, 45 U.S.C. § 152, Ninth, alleging a representation dispute among "Flight Deck Crew Members," employees of AirTran Airlines and AirTran Airways. This application was assigned File No. CR-6646. For the reasons set forth below, this decision extends NPA's certification to cover Flight Deck Crew Members on the entire merged system.
At the time this application was filed, Flight Deck Crew Members on AirTran Airlines ("Airlines") were represented by the NPA pursuant to Board certification in Case No. R-6515. Flight Deck Crew Members on AirTran Airways ("Airways") were represented by the AirTran Pilots Association (ATPA), pursuant to Board certification in Case No. R-6542.
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. However, ATPA has requested that the Board defer terminating its certification until the seniority lists "are integrated in a fair and equitable basis . . . ." NPA and the Carrier oppose this request for delay.
FINDINGS AND CERTIFICATION
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 389 Flight Deck Crew Members on the former Airlines portion of the system and approximately 101 Flight Deck Crew Members on the former Airways. As the numbers of Flight Deck Crew Members on Airlines and Airways are not comparable, the Board hereby extends NPA's certification in R-6515 to cover the craft or class of Flight Deck Crew Members, employees of AirTran Airlines and extinguishes ATPA's certification in R-6542.(1) Procedures for Handling Representation Issues Resulting From Mergers, Acquisitions or Consolidations in the Airline Industry, 14 NMB 388 (1987).
Integration of seniority lists is a matter for collective bargaining between the Carrier and the employees' representative, NPA, the certified representative for the Flight Deck Crew Members on the merged Carrier. The fact that seniority lists have not yet been integrated is insufficient to overcome the Board's interest in prompt resolution of this dispute. See, e.g., Federal Express/Flying Tiger Line, 16 NMB 433 (1989).
Therefore, File No. CR-6646 has been converted to NMB Case No. R-6643 and is hereby closed.
By direction of the NATIONAL MEDIATION BOARD.
Stephen E. Crable
Chief of Staff
Marc J. Esposito, Esq.
Ronald B. Natalie, Esq.
Noel A. Poirier
Mr. Donald C. Warchocha
Marvin Menaker, Esq.
1. In AirTran/AirTran, supra, issued August 10, 1998, the Board reminded all affected incumbent organizations of Subpart B-4 of the Merger Procedures, which allows incumbents 60 days from the date of the Board's merger decision to file applications supported by a 35% showing of interest.