27 NMB No. 48

March 2, 2000

Mr. Terry M. Erskine,

Vice President-Employee Rel.

Delta Air Lines, Inc.

1050 Delta Blvd., Dept. 943

Atlanta-Hartsfield Int'l. Airport

Atlanta, GA 30320

Walter A. Brill, Esq.

Associate General Counsel

Delta Air Lines, Inc.

1030 Delta Blvd., Dept. 981

Atlanta-Hartsfield Int'l. Airport

Atlanta, GA 30320

John J. Gallagher, Esq.

Counsel, Delta Air Lines, Inc.

Paul, Hastings, Janofsky & Walker, LLP

1299 Penn. Ave., NW., 10^th Fl.

Washington, DC 20004-2400

Mr. John J. Kerrigan

Int'l. Secretary-Treasurer

David Rosen, Esq.

Transport Workers Union of America

80 West End Avenue

New York, NY 10023

Arthur Luby, Esq.

Counsel for TWU

O'Donnell, Schwartz and Anderson

1300 L Street, NW., Suite 5

Washington, DC 20005

Re: NMB Case No. R-6718

Delta Air Lines, Inc.

Gentlemen:

This determination addresses the March 1, 2000, Delta Air Lines, Inc.'s (Delta) Motion for Reconsideration of the National Mediation Board's (Board) ruling in Delta Air Lines, Inc., 27 NMB 237. Delta asks the Board to reconsider its eligibility ruling on twenty-seven "Ready Reserve" employees. Delta states that, in ruling these employees ineligible, the Board misread the evidence in the record. For the reasons set forth below, the Board grants the motion and reverses its ruling as to the twenty-seven employees.

I.

On February 11, 2000, the Transport Workers Union of American (TWU) appealed Investigator Mary L. Johnson's ruling that the ready reserve employees were eligible to vote in this election. The Board upheld the Investigator's decision with the exception that it found thirty-three employees had not worked in the craft or class as of the payroll cut-off date based upon a document of the hours worked for each ready reserve employee during each 1999 payroll period.

In reviewing the document, however, the Board failed to consider that the Personnel Manual for Ready Reserves states as follows at Section 1006.3:

Ready reserves are paid in arrears which means work performed from the first through the fifteenth of the month will be paid on the last day of the month and work performed from the sixteenth through the end of the month will be paid on the fifteenth of the following month.

Based upon this manual provision and a further review of payroll documentation, the Board made a factual error when it ruled the following employees ineligible: Samuel A. Adams, Ramon I. Alemon, Michael Allar, Bongo Anane, Craig W. Anderson, David L. Bittars, Matthew Clonts, James Foster, Ryan Hoopes, Lori Jenks, John Keller, Robert W. Mezzetti, Matt R. Newell, Miguel A. Pelayo, John D. Sawyer, Ron C. Sessions, Bernadette Smith, Clark Sneary, Vake Takai, John Tatafu, Tongaleva Vea, Steven L. Velasquez, Shawn David Walton, and Michael D. Wing.

Delta also argues that the Board should reconsider its decision on three other ready reserve employees (Jamil Ali, Jacqueline Otero, and Quint Underwood) who did not work in the ninety-day period preceding the eligibility cut-off date, but worked substantial hours in 1999, and remain active employees.

II.

Section 17.0 of the Board's Representation Manual provides:

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 two (2) business 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 certification or dismissal.

The Board failed to consider the two-week lag in the pay system, and, therefore, grants the motion and finds Samuel A. Adams, Ramon I. Alemon, Michael Allar, Bongo Anane, Craig W. Anderson, David L. Bittars, Matthew Clonts, James Foster, Ryan Hoopes, Lori Jenks, John Keller, Robert W. Mezzetti, Matt R. Newell, Miguel A. Pelayo, John D. Sawyer, Ron C. Sessions, Bernadette Smith, Clark Sneary, Vake Takai, John Tatafu, Tongaleva Vea, Steven L. Velasquez, Shawn David Walton, and Michael D. Wing are eligible to vote.

As to Jamil Ali, Jacqueline Otero, and Quint Underwood, the Board has reviewed the evidence and finds Ali, Otero, and Underwood worked substantial hours in 1999 after their date of hire. All three remain in an employer-employee relationship. The Board, upon reconsideration, finds these employees eligible.

III.

The Board has considered Delta's submission. Based upon its review, the Board concludes that it made a factual error as to the following ready reserve employees: Samuel A. Adams, Ramon I. Alemon, Michael Allar, Bongo Anane, Craig W. Anderson, David L. Bittars, Matthew Clonts, James Foster, Ryan Hoopes, Lori Jenks, John Keller, Robert W. Mezzetti, Matt R. Newell, Miguel A. Pelayo, John D. Sawyer, Ron C. Sessions, Bernadette Smith, Clark Sneary, Vake Takai, John Tatafu, Tongaleva Vea, Steven L. Velasquez, Shawn David Walton, Michael D. Wing, Jamil Ali, Jacqueline Otero, and Quint Underwood. These employees are eligible to vote in the election. Therefore, to the extent set forth above, Delta's motion for reconsideration is granted.

By direction of the NATIONAL MEDIATION BOARD.

Stephen E. Crable
Chief of Staff