The services of the National Mediation Board (Board) were invoked by the Kittyhawk Pilots Association (KPA) on March 8, 2000. On March 10, 2000, the International Brotherhood of Teamsters (IBT) filed an application as an intervenor in this case. The Board's investigation sought to determine who may represent for the purposes of the Railway Labor Act, as provided by Section 2, Ninth, the personnel described as "Pilots," employees of Kitty Hawk Aircargo, Inc. (Carrier).

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 Pilots, and by direction of the Board, the Investigator was instructed to conduct an election by secret ballot 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 National Mediation 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.

DISCUSSION

At the conclusion of the count, the Board's tally of ballots was sent by facsimile to the Air Line Pilots Association (ALPA). Duane E. Woerth, ALPA President, replied the same day to the Board by facsimile. Woerth stated in pertinent part:

We are in receipt of today's Report of Election results . . . in which ALPA was not a participant but was nonetheless chosen by a majority of Kitty Hawk crewmembers on a write-in basis. This letter is to regretfully inform you that ALPA is constrained to decline representation as a result of the May 8 decision of AFL-CIO Impartial Umpire Douglas Fraser in the AFL-CIO Article XXI proceeding brought by the International Brotherhood of Teamsters ("IBT"). In that May 8 decision, Umpire Fraser awarded the IBT exclusive rights to seek to become the representative of the Kitty Hawk crewmembers for a one-year period. Accordingly, to comply with that Article XXI decision obtained by IBT, ALPA must disclaim any representation of the Kitty Hawk crewmembers at this time.

Based on the circumstances and ALPA's disclaimer of representation, the Board voids the election results. The Carrier's employees in the craft or class of Pilots shall be deemed to be unrepresented, and the time limits of 29 CFR § 1206.4 shall not apply to any application for investigation of a representation dispute which may be filed hereafter. (Swift-Aire Lines, 8 NMB 654 (1981); Manufacturers Railway, 9 NMB 188 (1982).)

By direction of the NATIONAL MEDIATION BOARD.

Stephen E. Crable

Chief of Staff

1. 304 write-in votes for the Air Line Pilots Association.

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