In the Matter of the
REPRESENTATION OF EMPLOYEES
|27 NMB No. 105
CASE NO. R-6769
The services of the National Mediation Board (NMB) were invoked by the International Association of Machinists and Aerospace Workers, AFL-CIO (IAM), on February 8, 2000, 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 "Planners, Administrative Representatives, and Schedulers or, in the alternative, Office Clerical Employees," employees of US Airways, Inc. This application was assigned File No. CR-6679. The Communications Workers of America, AFL-CIO (CWA), filed an application on February 17, 2000, 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 "Office Clerical Employees," employees of US Airways, Inc. This application was consolidated with File No. CR-6679.
The Board assigned Investigators Mary L. Johnson and Eileen M. Hennessey to investigate.
On August 18, 2000, both Organizations withdrew their applications.
In CWA's letter of withdrawal, the Organization expressed its understanding that the Board's one-year dismissal bar, found at 29 CFR § 1206.4(b), would not apply in this matter.
On August 22, 2000, the Carrier sent a letter stating its position that the bar should apply. US Airways argued: 1) a waiver of the bar is inconsistent with the Board's regulations, Representation Manual, case law, and contrary to its historic emphasis on stability in labor relations; and 2) the case should not have been assigned a "CR" number in the first place. The Carrier also alleged that the Board's "ex parte communications" regarding showing of interest could deprive the Carrier of the "right to a decision on the merits and a resultant one-year bar on organizing campaigns."
29 CFR § 1206.4(b) states that a one-year dismissal bar applies where the Board dismisses "docketed applications."
The IAM's application in this matter alleged a dispute among "Planners, Administrative Representatives, and Schedulers or, in the alternative, Office Clerical Employees." Consistent with the Board's standard practice, because there was a question as to the correct craft or class of the employees at issue, the Board did not docket the matter as an "R" case, but assigned it a "CR" file number. "CR" numbers are assigned to applications requiring pre-docketing investigation, such as craft or class, jurisdiction or other appropriate issues. Memorandum: NMB Policy for the Assignment/Conversion of "CR" Files and "R" Case Dockets, 7 NMB 131 (1979). The Board has dismissed "CR" matters without applying the bar in numerous instances. See, e.g., Northern Indiana Commuter Transportation District, 27 NMB 512 (2000); Hawaiian Airlines, Inc., 27 NMB 407 (2000); General Patrol Services, 27 NMB 316 (2000); Capitol International Airways, 7 NMB 234 (1980).
The Board notes that any communications regarding showing of interest are privileged and confidential and must be exclusively between the Board and the applicants. Delta Air Lines, Inc., 27 NMB 484, 504 (2000). The Board also is not persuaded by the Carrier's argument regarding organizing campaigns. Unions frequently commence new organizing drives shortly after the Board issues dismissals subject to 29 CFR § 1206.4(b).
The Board is not persuaded by US Airways' argument that the one-year bar should apply. Therefore, NMB File No. CR-6679 is converted to NMB Case No. R-6769 and dismissed.
By direction of the NATIONAL MEDIATION BOARD.
Stephen E. Crable
Chief of Staff