26 NMB No. 20
Paula J. Caira, Esq.
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Re: NMB Case No. R-6634
Dear Ms. Caira:
The International Brotherhood of Teamsters (IBT) has requested that the National Mediation Board "re-evaluate" its decision to authorize an election in the above matter and dismiss the application filed by the ATA Committee for Fair Representation. For the reasons stated below, the request is denied.
I.
On October 5, 1998, the ATA Committee for fair Representation filed an application alleging a representation dispute pursuant to Section 2, Ninth, of the Railway Labor Act, 45 U.S.C. 152, Ninth, among Flight Deck Crew Members of American Trans Air, Inc. The application was docketed as NMB Case No. R-6634. These employees are currently represented by the IBT.
On November 25, 1998, the Board found a dispute to exist and authorized an election. Ballots will be mailed on December 14, 1998, and the count is scheduled for January 11, 1999. On December 4, 1998, the IBT filed its request for the Board to "re-evaluate its finding that a dispute exists" and dismiss the application.
Since the IBT asks the Board to review a previous decision, the Board will treat this request as analogous to a Motion for Reconsideration filed pursuant to Section 18.0 of the NMB Representation Manual. The Section states:
Motions for Reconsideration of Board decisions concerning jurisdiction, craft or class, challenges or objections or election interference will be given consideration only upon the following circumstances: 1) the motion (original and one (1) copy) is received by the Chief of Staff within five (5) working days of the decision's date of issuance; 2) the motion is accompanied by a certificate of service which attests to its simultaneous service on the designated participants in the proceeding; and 3) the motion states with particularity the points of law or fact which the movant believes the NMB has overlooked or misapplied and the detailed grounds for the relief sought. Upon consideration of a Motion for Reconsideration, the NMB will decline to grant the relief sought absent a demonstration of material error of law or fact or under circumstances in which the NMB's exercise of discretion to modify the decision is important to the public interest. The mere reassertion of factual and legal arguments previously presented to the NMB generally will be insufficient to obtain relief. Reconsideration may not be sought from the Board's certification or dismissal.
The IBT contends that the applicant secured the authorization cards through "misrepresentation of material facts." This assertion is based upon a recent finding of an arbitrator in an award issued pursuant to an Article XX proceeding of the AFL-CIO. The arbitrator concluded that the Air Line Pilots Association was prohibited from representing the craft or class at American Trans Air.
Review of the IBT's request and the record establishes that the IBT has not stated any points of law or fact which the Board has "overlooked or misapplied . . . ." Consistent with long-established NMB practice, the qualification of an applicant under Section 2, Ninth, of the Railway Labor Act is not limited or governed by Article XX of the AFL-CIO Constitution. Accordingly, the request for reconsideration is denied.
By direction of the NATIONAL MEDIATION BOARD.
Stephen E. Crable
Chief of Staff
Copy to:
Mr. Ray Benning
Mr. Richard W. Meyer, Jr.
Mr. Steven D. Smith
Mr. Mark Barsnick
Mr. Jeff Caves
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