27 NMB No. 58

March 24, 2000

Mr. Fidel E. Hale III

Asst. V.P. Labor Relations

The Texas Mexican Ry. Co.

1200 Washington St.

Laredo, TX 78040

Mr. Larry Hicks

Labor Consultant

The Texas Mexican Ry. Co.

9515 Redbud Avenue

Lenexa, KS 66220

Richard A. Allen, Esq.

Counsel for The Texas Mexican Ry. Co.

Zuckert, Scoutt & Rasenberger, L.L.P.

888 17^th St., NW., Ste 600

Washington., DC 20006

Mr. William C. Walpert, VP

Mr. Thomas E. Miller Special Rep., BLE

Harold A. Ross, Esq.

1370 Ontario Street

Cleveland, OH 44113

Mr. David L. Hakey, Vice-President, UTU

10817 Koelmay Drive

Beaumont, TX 77705

Mr. Ralph J. Dennis

Director of Field Operations

UTU

2615 Robert Oliver Ct.

Fernandina Beach, FL 32034

Clinton J. Miller, III, Esq.

General Counsel for UTU

14600 Detroit Ave.

Cleveland, OH 44107

Re: The Texas Mexican Railway Company

NMB Case No. R-6739

Gentlemen:

On March 8, 2000, the Brotherhood of Locomotive Engineers (BLE) filed an application with the National Mediation Board (Board) for certain employees of The Texas Mexican Railway Company (Tex Mex) alleging a representation dispute involving the employees in the craft or class of Train and Engine Service Employees.

On March 1, 2000, in The Texas Mexican Railway Company, 27 NMB 257, the Board dismissed an application filed by the BLE alleging a representation dispute among "Locomotive Engineers" at Tex Mex. In its conclusion, the Board specifically stated as follows:

The Board finds the proper craft or class at The Texas Mexican Railway Company is Train and Engine Service Employees. Therefore, the Board dismisses the BLE application. The certifications in Case Nos. R-617, R-1975 and R-4403 are consolidated into a single certification for the craft or class of Train and Engine Service Employees.

In that decision, the United Transportation Union (UTU) and Tex Mex argued that despite prior separate certifications of Conductors and Trainmen, a consolidated craft or class of Train and Engine Service Employees was proper. The Board agreed and consolidated the certifications into a single new certification.

The Board's Rules at 29 CFR § 1206.4 state, in pertinent part, as follows:

Except in unusual or extraordinary circumstances, the National Mediation Board will not accept an application for investigation of a representation dispute among employees of a carrier:

(a) For a period of two (2) years from the date of a certification covering the same craft or class of employees on the same carrier . . . .

This rule is based upon the principle that labor stability is enhanced by providing labor and management a reasonable period of time for a collective bargaining relationship after a certification. See Jet America, 11 NMB 173 (1984). When the Board issued the certification for Train and Engine Service Employees on March 1, 2000, the result is that the Board will not accept an application for a two-year period pursuant to 29 CFR § 1206.4(a). Accordingly, the BLE's application for Train and Engine Service Employees on Tex Mex is dismissed. The two-year bar began on March 1, 2000, the date of the decision in The Texas Mexican Railway Company, supra.

By direction of the NATIONAL MEDIATION BOARD.

Stephen E. Crable
Chief of Staff