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In the Matter of the REPRESENTATION OF EMPLOYEES of WORLDWIDE FLIGHT SERVICES, INC. Mechanics & Related Employees |
27 NMB No. 18 CASE NO. R-6716 CERTIFICATION November 16, 1999 |
The services of the National Mediation Board (NMB) were invoked by the Transport Workers Union of America (TWU) on June 30, 1999, 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 "Ramp Services Employees," employees of Worldwide Flight Services, Inc. (Worldwide).
In Worldwide Flight Services, Inc., 27 NMB 93 (1999), the NMB determined that, "Ramp Service Employees" is not a proper craft or class. In that case, (R-6707) the NMB certified TWU as the representative of Worldwide's "Fleet Service Employees."
The investigation of the dispute concerning the remaining employees was assigned NMB Case No. R-6716. This certification concerns these remaining Worldwide employees in the craft or class of "Mechanics & Related Employees."
For many years, TWU represented the "ramp services employees" at AMR Services, Inc. In early 1999, AMR Services, Inc., was sold by the AMR Corporation to Castle Harlan, Inc. which changed the business entity's name to Worldwide Flight Services, Inc. Thereafter, Worldwide voluntarily recognized TWU and assumed the terms of the existing collective bargaining agreement. Therefore, for the purposes of the Railway Labor Act, Worldwide is the successor to AMR Services, Inc.
The Board assigned Investigator Sean J. Rogers to investigate.
FINDINGS
The investigation disclosed that a dispute existed among the craft or class of Mechanics & Related Employees. By direction of the NMB, the Investigator was instructed to determine the employees' representation choice.
The investigation disclosed an established collective bargaining relationship exists between Worldwide and TWU. In addition, Worldwide and TWU agreed in writing to certification without an election pursuant to the NMB's Representation Manual at §§ 10.1 and 10.4. TWU is the only organization involved in this dispute.
On October 27, 1999, and continuing to this date, Worldwide posted an NMB "Notice to Employees" at all stations informing the members of the craft or class of the NMB's investigation to determine whether a certification should be issued based on a showing of majority support made by TWU.
Worldwide provided signed TWU dues authorization cards and employee signature samples indicating majority support for TWU as the collective bargaining representative for Mechanics & Related Employees. TWU provided evidence of signed dues authorization cards.
The NMB finds that a majority of the craft or class has determined that TWU shall be the representative of the craft or class of Mechanics & Related Employees for the purposes of the Railway Labor Act.
The NMB further finds that Worldwide and the 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 Worldwide, were given due notice of the Board's investigation.
CERTIFICATION
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 Transport Workers Union of America has been duly designated and authorized to represent for the purposes of the Railway Labor Act, as amended, the craft or class of Mechanics & Related Employees, employees of Worldwide Flight Services, Inc., its successors and assigns.
By direction of the NATIONAL MEDIATION BOARD.
Stephen E. Crable
Chief of Staff
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