The services of the National Mediation Board (Board) were invoked by the Hotel Employees & Restaurant Employees International Union (HERE) on February 2, 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 "In-Flight Kitchen and Commissary Employees," employees of LSG Lufthansa Services (LSG).

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

The Board assigned Investigator Sean J. Rogers to investigate.

FINDINGS

The investigation disclosed that a dispute existed among the craft or class of In-Flight Kitchen and Commissary Employees, and by direction of the Board, the Investigator was instructed to conduct an on-site ballot box election to determine the employees' representation choice.

The following is the result of the election as reported by Investigator Rogers who was assigned to count the ballots in this case.

The 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.

On January 20, 2000, the Carrier submitted Allegations of Election Interference by HERE to the Board. In a response from HERE, received on February 7, 2000, HERE urges the Board to reject the Carrier's allegations. The Carrier alleged that the laboratory conditions of the election were tainted by HERE's assistance to eligible employees and the active, coercive pro-union campaigning by two LSG management officials. The Carrier also asserted that "[t]he eligibility date [of January 23, 1996] should have been changed to ensure that a 'majority' of the craft or class could chose (sic) or reject HERE as it bargaining representative" and that a "Laker" ballot was not warranted in this case.

The Carrier's first allegation, concerning HERE's legal and other assistance to employees in craft or class, does not state grounds for a claim of election interference. The Carrier has offered no evidence to support the second allegation claiming the active, coercive pro-union campaigning by two management officials. The Carrier's assertions, concerning the cut-off date and the "Laker" ballot, do not constitute allegations of election interference. These assertions are merely statements of the Carrier's disagreement with the Board's determination in LSG, 27 NMB 18 (1999) ordering a rerun election. Therefore, further investigation of the Carrier's allegations and assertions is not warranted.

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 Hotel Employees & Restaurant Employees International Union has been duly designated and authorized to represent for the purposes of the Railway Labor Act, as amended, the craft or class of In-Flight Kitchen and Commissary Employees, employees of LSG Lufthansa Services, its successors and assigns.

By direction of the NATIONAL MEDIATION BOARD.

Stephen E. Crable
Chief of Staff