|
In the Matter of the INTERNATIONAL ASSOCIATION
OF MACHINISTS alleging a representation dispute
pursuant to Section 2, Ninth, involving employees of |
28 NMB No. 30 CASE NO. R-6796 FINDINGS UPON December 15, 2000 |
This decision addresses the application filed by the International Association of Machinists and Aerospace Workers, AFL-CIO (IAM or Organization) alleging a representation dispute pursuant to 45 U.S.C. § 152, Ninth, among "Planners and Technical Specialists" (Planners) of US Airways, Inc. (US Airways or Carrier).(1) The IAM is the certified representative of the craft or class of Mechanics and Related Employees on US Airways (Case No. R-4593) and the Organization asserts that the Planners are part of the craft or class.
For reasons set forth below, the National Mediation Board (Board or NMB) concludes that, with the exception of two positions, the positions at issue are already covered by the IAM's certification. Therefore, the Board dismisses the IAM's application.
PROCEDURAL BACKGROUND
On February 8, 2000, the IAM filed an application with the Board requesting elections for US Airways' Planners, Crew Schedulers, and Administrative Representatives. In the alternative, the IAM sought to represent the Office Clerical craft or class. Because there was a question regarding craft or class, the Board assigned the matter File No. CR-6679. On May 16, 2000, the IAM amended its position, contending that Planners "belong in the Mechanics and Related craft or class as the Board held in Allegheny Airlines, Inc., 6 NMB 359 (1977)."
On June 18, 2000, the Investigator in CR-6679 ruled that Planners were part of the Mechanics and Related craft or class. The Board dismissed CR-6679 based upon the IAM's withdrawal of its application.(2) US Airways, Inc., 27 NMB 565 (2000). The Board did not apply its bar rule contained in 29 CFR § 1206.4(b). Id. at 567.
On September 14, 2000, the IAM filed this application alleging a representation dispute among US Airways' Planners. The Organization requested the Board to accrete Planners into the Mechanics and Related craft or class. The Board assigned this application File No. CR-6697 and assigned Mary L. Johnson as the Investigator.
US Airways submitted a position statement on September 29, 2000. The Carrier asserted that accretion in this matter would be "improper," as it would "violate longstanding patterns of representation" on US Airways and other carriers. US Airways also argued that there is no community of interest between the employees covered by the application and the Mechanics and Related craft or class.
On October 20, 2000, the IAM filed a response to US Airways' position statement. The Organization stated that Planners share a work-related community of interest with Mechanics and Related Employees.
The Carrier provided a final position statement on November 6, 2000, and the IAM filed a final response on November 10, 2000.
ISSUES
Do Planners on US Airways share a work-related community of interest with Mechanics and Related Employees? If so, is accretion proper?
CONTENTIONS
IAM
In support of its position, the Organization cites the Board's decision in Allegheny, above, that Planners "could be included" in the craft or class of Mechanics and Related Employees. Allegheny Airlines is a predecessor to US Airways.
IAM also cites the Investigator's ruling in CR-6679 that employees in several of the job titles at issue share a work-related community of interest with Mechanics and Related Employees. In addition, the Organization argues that the employees in the other positions covered by the application are part of the Mechanics and Related craft or class because they support the work of mechanics. Accordingly, the IAM requests the Board to accrete Planners into the craft or class of Mechanics and Related Employees.
US Airways
The Carrier asserts that Planners do not share a work-related community of interest with Mechanics and Related Employees. US Airways states that Planners' job functions have changed since the Board's decision in Allegheny, above. In addition, the Carrier argues that accretion is inappropriate because the IAM "has never sought to include these employees in the craft or class" at US Airways, and "these positions have never been included by the Board within the craft or class of Mechanics and Related Employees." Finally, although US Airways acknowledges that it is the "Board's current practice" to "not conduct accretion elections," the Carrier requests the Board to examine "the practical implications" of the IAM's application. According to the Carrier, the IAM is asking "the Board to force IAM representation upon [the employees] without their consent, or even their knowledge."
FINDINGS OF LAW
Determination of the issues in this case is governed by the Railway Labor Act (RLA or Act), as amended, 45 U.S.C. §§ 151-188. Accordingly, the Board finds as follows:
I.
US Airways, Inc., is a common carrier by air as defined in 45 U.S.C. § 181.
II.
The IAM is a labor organization and/or representative as provided by 45 U.S.C. § 152, Ninth.
III.
45 U.S.C. § 152, Fourth, gives employees subject to its provisions "the right to organize and bargain collectively through representatives of their own choosing. The majority of any craft or class of employees shall have the right to determine who shall be the representative of the craft or class for purposes of this chapter."
IV.
45 U.S.C. § 152, Ninth, provides that the Board has the duty to investigate representation disputes and shall designate who may participate as eligible voters in the event an election is required.
STATEMENT OF FACTS
I.
The job titles listed by the IAM have changed recently, and in this case are as follows: (new titles in parenthesis)
II.
Planners
The participants provided job descriptions and declarations from Carrier officials and employees in support of their positions. The positions of Senior Planner-Forecasting, Senior Planner Line Maintenance, Senior Planner-Base Maintenance, Senior Planner EO/CD Coordinator, Planner-Workload, Planner-Support Shop, Planner-Production Coordinator, Planner-Production Controller, and Aircraft Router, are in US Airways' Maintenance Planning Department.
The Carrier provided a declaration from Mark Swearingin, Director Maintenance Planning. Swearingin states there are a number of differences between the Planner positions on Allegheny in 1977 and the Planner positions on US Airways today. According to Swearingin, Planners are not required to have any experience or knowledge of the mechanic function . . . ." Swearingin states further:
Planners perform much of their work on computers and on the telephone, and most have only casual contact with floor level mechanics regarding their work events or productivity. The Planners usually work directly with supervisors or leads. . . . As a whole, Planners remain primarily engaged in paperwork including, for example, developing and maintaining the critical path sequence of job cards/workload plans for the mechanics.
According to Swearingin, Planners report to him, and are compensated "substantially less" than Lead Mechanics. Planners are not promoted from Mechanics, as they were in 1977.
The Carrier also submitted a declaration from Charles Nardello, Vice President Line Maintenance Control and Hubs. Nardello was a Planner in 1980. According to Nardello, in 1977 Planners "generally held A&P licenses." Nardello further states that the "nature of the job has . . . changed since 1977 as the result of increased use of technology. Today, virtually all of the work of Planners involves use of computers, whereas in 1977 Planners did not use computers at all."
The IAM submitted statements from several Planners who stated they still perform the functions described in the Allegheny decision. One individual stated that when the mechanics struck USAir in 1992, the Carrier ordered the Planners and Technical Specialists to perform aircraft maintenance. Three Planners stated that they interact with Mechanics on a regular basis. The Planners also stated that the reason Planners are no longer drawn from the ranks of mechanics is because of the salary.
A.
Senior Planner-Forecasting
The basic functions of a "Senior Planner-Forecasting" are described in US Airways' "Maintenance Policies Procedures" as follows:
Prepare and maintain detailed scheduling and planning of aircraft line maintenance requirements consistent with priorities to ensure maximum utilization of capacity and resources. Establish direct communication with his or her line maintenance planning or base maintenance planning department counterparts. . . .
The responsibilities of this position include:
Plans and selects the scheduling and assignment of forecasted maintenance requirements . . . .
Analyzes the 24-Month Forecast of scheduled line maintenance activities . . . .
Develops and maintains the master PCI listing and forecast templates for area of responsibility.
Plans and schedules a yearly evacuation slide function check program. . . .
Review Direct Data Entry (DDE) printer daily for all newly created DDE discrepancies to program resource requirements and proper tracking of time limits as required.
Monitors line station manpower availability, aircraft RON stations and monthly schedule changes . . . coordinating with the appropriate maintenance departments/personnel and stations.
Plans and schedules A and B Checks for line maintenance compliance . . . .
Audits the aircraft open discrepancy status listing for discrepancies such as MACH item duplication or revisions to part requirements and station capability requiring changes to current planned action. Resolves any problems associated with their fleet.
Reviews fleet open backlog and plans corrective action consistent with priorities and station capabilities. . . .
B.
Senior Planner E.O./C.D.
The basic functions of the Senior Planner E.O. (Engineering Orders)/C.D. (Campaign Directives) Coordinator are described in the Carrier's "Maintenance Policies & Procedures" as follows: "Responsible for the management of multiple projects associated with Airframe Modifications within the maintenance departments . . . ."
The responsibilities of this position include:
Establish and maintain Project files.
Review of Draft releases: Engineering Orders and Campaign Directives (C.D.) and forward comment back to Engineering.
Review of Airworthiness Directives and Regulatory Documents to understand the relationship to the US Airways compliance document.
Development of both short and long term plans required to ensure completion of projects . . . .
Review E.O. or C.D. to determine station(s) capable of performing project . . . [and] to determine material and tooling requirements.
Coordinate the movement of materials/tooling with the appropriate departments.
Establish [and update] projects in Merlin: i.e. Modification Template and Schedule for Aircraft.
Timely distribution of E.O./C.D. to the assigned stations.
Monitor the progress of projects to ensure compliance date(s) will be achieved. If compliance date(s) are in jeopardy, coordinate resolution to issues.
Coordinate the rescheduling of maintenance tasks . . . .
C.
Aircraft Router
The basic functions of an Aircraft Router are described as follows:
[T]o assign and track aircraft for all scheduled flying and inform all relevant personnel of daily routing activity. They participate in all irregular operations and ensure operational and maintenance requirements are met within their assigned fleets. They coordinate and schedule selected maintenance requests consistent with priorities and station capabilities to provide scheduling opportunities for other maintenance requirements.
Responsibilities include:
[P]roposes solutions to irregular operations or maintenance situations. Plans and schedules aircraft assignments to satisfy operational and maintenance requirements.
Prepares and distributes a daily aircraft and flight activity plan that ensures operational efficiency while accommodating maintenance requirements.
Provides continual monitoring and rescheduling of aircraft routings as operational and mechanical requirements dictate . . . .
Route aircraft and maintain real time scheduling of aircraft Weekly checks and selected A-Checks consistent with station capabilities and allocated station capacity for their fleet.
Routes selected line and heavy maintenance requirements according to priority and station capability . . . .
Coordinates schedule adjustments with Base Maintenance Planning and Production Supervisors . . . .
Coordinates the assignment of aircraft for pilot and contract training and charter flying to meet their requirements without interference to scheduled maintenance.
Coordinates with Customer Service Unit Managers to assist them when possible with schedule revisions.
Maintains a current status of all routings and requirements within the next 7 day period . . . .
Analyzes the flight schedule to reroute and realign aircraft that are out of balance with respect to equipment type with emphasis on matching capacity and loads.
Monitors all aircraft assignment to ensure restricted aircraft are scheduled appropriately to dispatch flights . . . .
Coordinates with Senior Planner to maximize workload . . . .
D.
Senior Planner Line-Maintenance and
Senior Planner - Line Maintenance Checks
The basic functions of the Senior Planner-Line Maintenance and Senior Planner-Line Maintenance Checks are described as follows:
[T]o coordinate, schedule, and assign all Line Maintenance (Check) requirements, consistent with priorities and station capabilities, utilizing available resources to achieve optimum scheduling, taking advantage of aircraft natural routings and minimizing impact to the operation.
Both positions:
Analyze the daily aircraft routing flow and Line Maintenance station workloads. Achieve the optimum scheduling of aircraft maintenance . . . .
Coordinate, schedule, and assign all Line Maintenance (Check) work requirements for the RON (Line Maintenance Check) station(s) . . . .
Provide problem resolution or alternatives when conflicts arise within fleet-specific planning units or between fleet-specific planning units that affect planned maintenance.
Monitor real time scheduling of aircraft checks (selected 'a' and 'b' checks).
Reviews and schedules new and deferred Line Maintenance requirements according to priority and station capability, considering allocated resources . . . .
Coordinates routing changes affecting scheduled maintenance . . . with Aircraft Router. . . .
E.
Senior Planner Base Maintenance-IPT
The basic job functions of a Senior Planner Base Maintenance - IPT (Integrated Process Team) Lead are described as follows:
Prepare and maintain detailed scheduling and planning of aircraft base maintenance checks and drop in requirements to achieve the optimum scheduling of aircraft maintenance check visits or open nights consistent with priorities and maximum utilization of resources and check specification. . . . [R]esponsible for respective tracks of work during the pre-induction planning phase of the IPT process.
Responsibilities include:
Review engineering modification documents, forecasted scheduled maintenance requirements, special projects and open work to determine the most efficient means to incorporate these maintenance tasks into the long range, detailed maintenance plan and develop the work packages.
Create MACH items as required to schedule maintenance on work release.
Review, plan and select scheduled forecast work due on aircraft for the check or open night visit . . . Coordinate with Senior Planner (Forecasting) . . . .
Review, verify and resolve discrepancies concerning fleet forecasts . . . .
Coordinate with Senior Planner/Material (Maintenance) . . . [and] [c]oordinate with Engineering to determine the best environment to accomplish EO's.
Follow up on all action items identified and assigned during the IPT process of selected aircraft prior to induction into base maintenance.
Coordinate part movement requirements and NIS problems with Senior Planner/Material (Maintenance) . . . .
Develops and prepares a preliminary work release for review and approval for check of Drop in visits.
Revise and finalize the work release as necessary . . . .
Maintain and monitor work package for all current revisions . . . .
Requests and prints the required job procedure cards for the appropriate check or visit for aircraft being scheduled into base maintenance check or drop in . . . .
Maintain a smooth flow of check scheduled maintenance items . . . .
Ensures material pre-draw lists are initiated, and coordinates with the Senior Planner/Material (Maintenance) . . . .
Reports progress, results, and activities to the Planning Supervisor . . . .
At release of aircraft from base maintenance/drop in, notify Technical Records.
Show compliance of scheduled maintenance items with computer entries . . . .
F.
Planner - Workload
The Planner-Workload (Powerplant) "plan(s) and control(s) the Powerplant production workload to assure maximum utilization and cost effectiveness of assigned resources." The Planner-Workload (Component Shops) "prepares schedules, plans, reports and data for activities related to the Component and Support Shops as directed by the Planning Supervisor-Component Shops.
Responsibilities of the Powerplant Planner include:
Develop short range plans and schedule specific job assignments . . . .
Ensure compatibility of all modules and engines and kit modules.
Record the tear down and build up of major engine modules.
Report job standards for all jobs completed in assigned area and participate in adjusting capacity as needed.
Provide planning support to assigned teams in the areas of material identification, routing and retrieval, work card control, and component tag accountability.
Participate in capacity planning as needed.
Recommend improvements, which will increase productivity . . . .
Monitor inventory and turn-around times . . . .
Assure that all documentation required for the maintenance of engine's historical records . . . .
Develop and maintain an adequate maintenance material data collection system . . . .
Maintain all data processing programs within the Powerplant Shops.
The Workload Planner's (Component Shop's) responsibilities include:
Prepare daily work schedules to direct manpower activity . . . .
Sequence work tasks and integrate non-routine work . . . .
Establish workload priorities and production requirements . . . .
Track work standards and report variances between actual and set standard.
Facilitate shop material requirements. . . .
Recommend improvements that will increase productivity in Component and Support Shops.
Track and plan modification, aircraft repair, time controlled and unscheduled work . . . .
Report usage and production data as required . . . .
Coordinate interdepartmental activity between Materials, Purchasing, Engineering, Base, Line, Reliability, Records, Quality Assurance, Finance and Information Services as required.
G.
Planner/Support Shop
The basic functions of the Planner/Support Shop are described as follows:
Prepares schedules, plans, reports and data for activities related to the Support Shops as directed by the Planning Supervisor/Base Maintenance - IPT Coordinator. Acts as a member on the IPT Process Committee.
Responsibilities include:
Utilizing a prepared plan, develops a detailed work flow schedule for each work center and aircraft visit to which he/she is assigned.
Develops and plots "milestones" for planned work progress monitoring.
Sequences major work tasks and integrated non-routine work during a daily review . . . .
Plots daily manning on a shift-by-shift basis . . . .
Plans and schedules "non-routine" work . . . .
Integrates and coordinates with the Senior Planner/IPT Lead, Business Unit Supervisors and Planner/Production Controller for material deliveries and problems into overall schedule and develops alternatives, if necessary.
Prepares production schedules that support the base maintenance planning induction plan.
Coordinates material requirements with Materials Management and Senior Planner/Material (Maintenance).
Makes recommendations for improvements to the planning and reporting system.
Coordinates support activities for shared aircraft and provides Union office with notification of multiple work center support.
H.
Planner-Production Coordinator
The basic function of the Planner-Production Coordinator (Powerplant) is to "plan and control the Powerplant Shop production workload to assure maximum utilization and cost effectiveness of assigned resources."
Responsibilities include:
Develop short range plans and schedule specific job assignments . . . .
Ensure compatibility of all modules and engines and kit modules.
Provide efficient flow of work during engine and APU shop visits . . . .
Track and report on the tear down and build up of major engine modules . . . . [and] job standards for all jobs completed in assigned area . . . .
Provide planning support to assigned teams in the areas of material identification, routing and retrieval, work card control, and component tag accountability.
Recommend improvements, which will increase productivity . . . .
Monitor inventory and turn-around times . . . .
Assure that all documentation required for the maintenance of engine's historical records is accurate and in accordance with FARs.
Develop and maintain an adequate maintenance material data collection system for the Powerplant Shops.
Develop and maintain all data processing programs within the Powerplant Shops.
I.
Planner Production Coordinator (Special Projects)
The basic function of the Planner-Production Coordinator/ Special Projects (Powerplant) is to "[p]lan and control the Powerplant Shop production workload to assure maximum utilization and cost effectiveness of assigned resources."
Responsibilities include:
Develop long-range plans and specific job assignments as required . . . .
Provide Life Limited Parts removal forecast . . . .
Prepare Capacity Plan . . . .
Track and report performance measures to include Spares to Allocation, Removals vs. Production, Time since Last Shop Visit, and Cycles since Last Shop Visit.
Provide planning support to Powerplant business group.
Review Service Bulletins, Engineering Orders and Airworthiness Directive activities and report to manager on any impacting issues.
Monitor inventory and turn-around times . . . .
Develop and maintain all data processing programs within the Merlin system for the Shop Production Scheduling System (SPS).
J.
Planner-Production Coordinator (Component Shops)
The Planner-Production Coordinator (Component Shops) "[p]repares schedules, plans, reports and data for activities related to the Component and Support Shops as directed by the Planning Supervisor-Component Shops."
Responsibilities include:
Develop short and long-term schedules for each assigned work center.
Develop, and plot "milestones" to monitor planned work progress.
Sequence major work tasks and integrate non-routine work . . . .
Plot daily manpower on a shift-by-shift basis . . . .
Integrate and coordinate material deliveries and shortfalls into planning schedule . . . .
Plot and smooth component removal forecasts to coincide with shop capacity.
Track and plan modification work requirements to ensure production coincides with line/base installation plans and change order due dates.
Collect, analyze and report usage data as required for capacity planning.
Provide component shop performance data . . . .
Coordinate interdepartmental activity between Materials, Purchasing, Engineering, Base, Line, Reliability, Records, Quality Assurance, Finance and Information Services as required.
K.
Planner/Production Controller
The basic function of the Planner/Production Controller is described as follows:
Develops short range plans, schedules specific job assignments, as required, in support of the Base Maintenance team to ensure a smooth, efficient flow of work during the maintenance visit. Provides planning support to the team in areas of material identification routing and retrieval, work card control, Component Tag accountability and other activities as required. Active member of maintenance and planning IPT's (Integrated Process Team).
Responsibilities include:
Update daily available manpower list for respective Lead Mechanic and Production Supervisor.
Arrange work boards to reflect the aircraft critical path flow.
Process work cards through FACTS system when cards are issued and return completed (N/A TPA).
Monitor FACTS for any open or un-evaluated non-routine cards (N/A TPA). . . .
Develops daily workload schedule for the shift based on availability of mechanics, utilizing the Lead's list. . . .
Revise plans as necessary and adjust the sequencing of work cards affected by NIS or NASI items . . . .
Maintain Material Requirements 'Hot Sheet' for each respective production control center. Communicate material requirements with Shops, Material Services, MCU and Stores. . . .
Prioritize with Planner/Shop Support, any routine or non-routine requirements which occur during the maintenance visit . . . .
After aircraft induction, update work package for revisions and additions.
Maintain on Hot Sheet components routed to the Shops and supply date items are needed back to aircraft.
Ensure material is ordered to coincide with the sequencing of work events.
Integrate and coordinate with Material Management and the Business Unit Supervisor . . . .
Review all work cards, insuring proper signatures are in place and card is complete. . . .
Accomplish close out checklist.
Maintain and provide Turnover/Progress Sheets for Business Unit Supervisor and fellow Planner/Production Controllers in dock.
III.
Specialists
The Program Specialist, Specialist, Senior Specialist and Senior Program Specialist work in the Technical Documentation Department.
The Carrier submitted a declaration from Gordon Kemp, Senior Director Technical Services. Kemp states that Program Specialists and Senior Program Specialists "do not perform any Planning functions." Instead, these employees "generate US Airways' maintenance policies and procedures manuals and job procedure cards, and develop maintenance inspection programs. . . . Neither Program Specialists nor Senior Program Specialists perform any maintenance work on aircraft or equipment or share any community of interest with those performing maintenance work."
The IAM submitted a statement from two Specialists who state that the job description attached to Kemp's declaration is inaccurate. Several Specialists signed statements rebutting Kemp's declaration. These employees assert that the "material and documentation," they produce are "critical to the Mechanics in order for the Mechanics to perform their jobs." The employees state further:
The Program Specialist and Sr. Program Specialist are responsible for assuring that highly sensitive data is analyzed and material as related to the proper maintenance and safety of aircraft . . . is incorporated and performed by the Mechanic craft and class.
The backgrounds of current Program Specialist and Sr. Program Specialist . . . include four year college degrees in areas related to and including Industrial Engineering, Industrial Communications, Technical Writing along with two year degrees from accredited aviation schools . . . and extensive years of service . . . related to the maintenance of aircraft.
According to the Carrier supplied job descriptions, the basic function of the Program Specialist is to "develop aircraft maintenance inspection programs." The Program Specialist "generate(s), maintain(s), and distribute(s) publications pertaining to policy and procedures used by US Airways to maintain its aircraft and equipment." The Program Specialist also "coordinate(s) changes with other airline maintenance departments."
Responsibilities include:
Develop aircraft maintenance/inspection programs in accordance with FAA Airworthiness Directives, approved operations specifications, manufacturers' requirements, and Maintenance Review Board and US Airways PAB instructions. Receive, review and distribute revisions from aircraft, engine and equipment manufacturers for insertion into the appropriate maintenance manuals and maintain manual distribution lists.
Prepare and maintain current and comprehensive indexes of maintenance/inspection programs. Maintain current data processing print-outs of various maintenance programs and PCIs, for ready reference.
Revise maintenance programs manuals and job procedure cards . . . .
Prepare descriptive and procedural material for insertion into the aircraft maintenance manuals . . . .
Prepares and maintains manuals and job procedure cards . . . revising and updating when required. Review Engineering Orders and other Engineering documents; and revise applicable publications and job procedure cards, with assistance from the document author, as required.
Ensure inclusion into manuals and maintenance programs all Airworthiness Directive requirements for repetitive inspections or replacement of components.
Maintain liaison with aircraft manufacturers regarding program changes that are within area of assigned responsibility.
The Senior Program Specialist shares many of the functions and responsibilities of the Program Specialist. In addition, the Senior Program Specialist may "lead, direct, provide assistance and guidance to less experienced personnel . . . ."
The Specialist and Senior Specialist perform functions similar to those performed by the Program Specialist and Senior Program Specialist.
IV.
Instructor-Central Load Planning
The position of Instructor - Central Load Planning is in the Operations Training Department. Job responsibilities include:
Present training classes for new hire and CLP (Central Load Planning) agents.
Conduct analysis of proposed CLP procedural and policy changes.
Present introductory overview of CLP to ground school training classes.
Plan training calendars for CLP annual training requirements.
Develop manual revisions and policy updates in coordination with Flight Ops, Dispatch, and Customer Service Systems.
V.
Inventory Analysts, Material Controllers, Material Planners
The positions of Inventory Analysts, Material Controllers, Senior Material Controllers, Material Planners and Senior Material Planners are in the Materials Management Department.
The Carrier submitted a declaration from Gene Shackelford, Director, Materials Management. According to Shackelford, "Inventory Clerks perform traditional administrative tasks . . . and interact primarily with Purchasers at US Airways." Shackelford states further that Material Controllers and Senior Material Controllers "are responsible for buying, borrowing, shipping and exchanging the aircraft parts;" Material Planners and Senior Material Planners "are charged with coordinating and controlling the allocation of inventory necessary for the performance of scheduled maintenance . . . they primarily deal with US Airways engineers, shop planners, and heavy maintenance planners. Conversely, [they] do not interact directly with mechanics." Shackelford Decl ¶ 5.
Ten Material Planners and Senior Material Planners submitted the following statement in response to Shackelford's assertion that they "do not interact directly with mechanics":
This is an inaccurate statement in that we deal directly . . . with both shop and heavy mtc. Mechanics on a daily basis. . . . Our jobs entail coordinating engineering orders and campaign directives which directly affects how maintenance performs their job functions.
Ten additional Inventory Analysts state that they also deal "directly with mechanics on a daily basis."
Three Inventory Analysts assert that they perform similar functions to Material Planners.
A.
Inventory Analyst
According to a US Airways' Career Opportunity Bulletin (COB), an Inventory Analyst is responsible for:
[C]ontrolling assigned inventory service level and investment based on analysis of historical demand combined with specific dependent demands, review, and analyze and take action on material requirements identified by engineering orders and/or system-generated reports. Co-ordinate and analyze any unusual usage with user requirements pertaining to aircraft and shop production requirements. Establish and maintain credibility with production personnel through the use of effective written and oral communications.
B.
Material Planners
The COB for the Material Planner provides:
Controls assigned inventory service level and investment based on analysis of historical demand combined with specified dependent demands. Responsible for material ownership and allocation at line stations. Reviews, analyzes and actions material requirements identified by system-generated reports. Review and coordinate requirements for assigned Engineering Orders and Campaign Directives. Close communication with Overhaul Shops and Line and Heavy Maintenance station personnel required, as well as attendance at appropriate meetings with production and engineering personnel.
C.
Senior Planner/Material (Maintenance)
The basic functions of the Senior Planner/Material (Maintenance) are described as follows:
Coordinate and control the material resources necessary to allow prompt, efficient completion of that work being accomplished in the base and line maintenance environment. Become an active member of planning and maintenance IPT's (Integrated Process Teams). Report progress, results and activities of material resources, which include NIS situations, to the Planning Supervisor and Senior Planner Base Maintenance/IPT Lead.
Responsibilities include:
Assembles parts requirements for the work scheduled in the various segments of the prepared work releases and schedules. During the pre-planning process coordinate with the material department to ensure all known pre-draw items are physically available for the visit prior to induction.
Reviews prior aircraft parts history to correct work card inconsistencies and part number references. . . .
Develops material forecasts for non-routine and potential first time part requirements. . . .
Constructs a 'Master Material Schedule' for all future aircraft considering the following items:
(a) Engineering Orders (EO's)/EA's
(b) Carry-Over Items
(c) Time Changes and PCI's
(d) Fleet Campaign Directives
(e) Routine Repair Items
(f) Non-Routine Repair Items
Assure material requirements and deliveries are sequenced with the events of the aircraft work schedules.
Attend and participate in any and all IPT meetings for incoming Base Maintenance aircraft. Report any deficiencies in material requirements to the IPT Leader for resolution.
Assures prompt movement of removed parts requiring shop or vendor work.
Advises Planning Supervisors Base and Line of potential parts shortages . . . .
Accomplishes pre-draw parts ordering action for the material requirements of incoming base maintenance aircraft and line maintenance aircraft for RON visits.
Places NIS or NASI items on 'Hot Sheets' for the appropriate aircraft, [and] reviews 'Hot Sheet' requirements. . . .
Expedites 'Hot Sheet' items.
Develops material requirement card package for all 'regular' non-routine items.
Develops material requirement card package that coincides with the routine aircraft maintenance packages (i.e., 'Q' Check, etc.).
Assists in the provisioning of those material requirements necessary to support any new work being added to the Base Maintenance Department.
D.
Material Controller
The basic function of the Material Controller is "[t]o provide the highest degree of service possible to users by ensuring the expeditious follow-up and confirmation of all known parts requirements."
Responsibilities include:
Maintains control of serviceable rotables at base and all rotables outside of base . . . .
Maintains records that provide for the commitment, allocation, and station replenishment of parts.
Maintains the AOG, RON, shipping and receiving records and maintains records of other types of movements as are required and developed.
Authorizes the loan of active inventory to other airlines.
Tracks all AOC, PRIORITY 1A and Work Stoppage Shipments as required and advise the appropriate departments of the status . . . .
Purchases AOG material after office hours and on weekends . . . .
Provides input to the capital expenditures and expense budgets.
According to the Carrier, Senior Material Controllers perform the same functions, but have "a higher level of responsibility."
DISCUSSION
I.
Work-Related Community of Interest
In determining the appropriate craft or class on a particular carrier, the Board examines a number of factors. These factors include functional integration, work classifications, terms and conditions of employment, and work-related community of interest. Continental Airlines, Inc./Continental Express, Inc., 26 NMB 143 (1999); USAir, 15 NMB 369 (1988); British Airways, Inc., 10 NMB 174 (1983). The factor of work-related community of interest is particularly important. Continental, above; United Airlines, 10 NMB 458 (1983); Airborne Express, Inc., 9 NMB 115 (1981). The Board makes its craft or class determinations on a case by case basis. USAir, above; Simmons Airlines, 15 NMB 124 (1988); Continental Airlines, Inc., 8 NMB 709 (1977); Eastern Air Lines, Inc., 6 NMB 561 (1978).
In United Airlines, Inc., 6 NMB 134, 135 (1977), the Board outlined the functions of Mechanics and Related Employees, in part, as follows:
A. Mechanics who perform maintenance work on aircraft, engine, or accessory equipment.
B. Ground service personnel who perform work generally described as follows: Washing and cleaning airplane, engine and accessory parts in overhaul shops, fueling of aircraft and ground equipment . . . cleaning and maintaining the interior and exterior of aircraft, servicing and control of cabin service equipment, air conditioning of aircraft . . . .
C. Plant maintenance personnel . . . .
In subsequent decisions, the Board has included classifications other than mechanics in the craft or class. US Airways, 28 NMB 50 (2000) (Quality Assurance Consultants); United Parcel Service, 27 NMB 3 (1999) and Allegheny Airlines, 26 NMB 487 (1999) (Maintenance Controllers); US Airways, 26 NMB 359 (1999) (Maintenance Operations Control Supervisors); Pacific Southwest Airlines, 14 NMB 10 (1986)(Flight Simulator Technicians); U.S. Air, 8 NMB 524 (1981) (Technical Specialists); Allegheny Airlines, Inc., 6 NMB 359 (1977) (Planners and Technical Specialists); World Airways, 7 NMB 420 (1980) (Maintenance Training Instructor, Senior Technical Writer, Technical Writer, Production Planners, Specialist Avionics, and Specialist Sheet Metal); United Airlines, Inc., 6 NMB 252 (1977) (Meteorologists).
In United Airlines, Inc., 6 NMB 134 (1977) the Board cited its determination in Eastern Airlines, 4 NMB 54, 63 (1965): "The related employees . . . while of different skill levels from the mechanics, nonetheless are closely related to them in that they are engaged in a common function - the maintenance function . . . . See also Federal Express Corp., 20 NMB 360 (1993)."
On US Airways, the IAM's certification to represent Mechanics and Related Employees also includes Stock and Stores Employees. See Piedmont Aviation, Inc., 16 NMB 412, 430 (1989).
II.
The Board's Allegheny Decision
In Allegheny, the Board examined the job functions of the Carrier's Planners and Technical Specialists. The Board found that Planners:
Make forecasts on manpower and material usages in assuring a steady work flow between the maintenance and support shops. By use of computers, these forecasts involve cost factoring the life expectancy of aircraft parts . . . . Planners are responsible . . . for estimating . . . cost increases . . . spare parts requirements, and manpower required. . . . Line Maintenance/Support Planners . . . prepare and maintain a daily line maintenance station work release; maintain an aircraft discrepancy status listing . . . [and] aircraft outstanding work backlog file . . . review work cards and parts requests; and prepare monthly reports . . . .
Id. at 362.
In addition to the responsibilities outlined above,
The [Powerplant Scheduling Control] Planners [also] . . . review Engineering Orders and Purchase Orders to determine shop manufactured items and stock of adequate spare parts; the preparation of weekly work schedules for each shop based on component removals, priority requests . . . and purchase orders . . . . the coordination of placement and disposition of engines and modules; the provisioning of materials for all new work . . . .
Id.
The Board noted that in the past it had determined the craft or class of Planners on a case-by-case basis. For example, in Eastern Air Lines, Inc., 5 NMB 178 (1972), the Board found "Planners, Coordinators, Analysts, Technicians and Administrative (Maintenance) Clerks" were part of the craft or class of Office Clerical Employees based upon its review of collective bargaining agreements on several carriers. However, as the Board noted in Allegheny, the employees were included in the Office Clerical craft or class based upon "agreed to eligibility lists," and "[t]he practice of certifying crafts or classes based upon agreed to eligibility lists was discontinued by the Board in 1973." Allegheny, N. 2 at 364. In Northeast Airlines, 3 NMB 87 (1953), the Board found that Aircraft Planners and Shop Planners were not part of the Office Clerical craft or class.
III.
Planners
The Carrier argues that accretion is improper because Planners have never been treated as part of the craft or class of Mechanics and Related Employees on US Airways, or any other carrier. In support of its position, the Carrier cites Aloha Islandair, Inc., 21 NMB 314 (1994); (Record Clerks who maintained logs and other records relating to the aircraft" are Office Clerical Employees), Frontier Airlines, 7 NMB 84 (1979) (Planners part of Office Clerical craft or class). According to the Carrier, Planners merely play a ministerial role or provide support for the maintenance function. US Airways also asserts that Planners do not perform the same functions they did in 1977.
The IAM argues that Planners "must have knowledge and experience with the Mechanics' function" and "work primarily with Mechanics and Leads."
In Allegheny, above, the Board found that Planners and Technical Specialists were closely related to the mechanics and related personnel. The Board's review of the record in this case establishes that the Carrier's Planners continue to perform many of the same functions in 1977: make forecasts on manpower and material usages; coordinate and monitor line maintenance resources; review Engineering orders; and coordinate placement and disposition of parts and materials. The Board, therefore, finds that US Airways' Planners in the job titles listed below, continue to share a work-related community of interest with the Carrier's Mechanics and Related Employees:
1) Senior Planner Forecasting
2) Senior Planner Line Maintenance
3) Senior Planner Base Maintenance
4) Senior Planner EO/CD Coordinator
5) Planner-Workload
6) Planner-Support Shop
7) Planner-Production Coordinator
8) Planner Production Controller
IV.
Technical Specialists
In Allegheny, the Board described the functions of Technical Specialists as follows:
The incumbents assist both operating and non-operating personnel in trouble-shooting and correcting aircraft mechanical problems in order to maintain fleet operation . . . .
[They] also review aircraft operations, pilot reports, and line maintenance reports [and] monitor air conditioning, electrical, and other aircraft systems . . . .
Technical Procedures Specialists . . . develop and administer technical publications to assure that necessary instructions and procedures are available to all personnel assigned to the Maintenance and Engineering Department. In addition, [they] compile data for submission to other departments for their evaluation, review aircraft manufactures publication revisions for incorporation into publications, and distribute material and job procedure cards required for support of maintenance programs to appropriate personnel and departments.
Id. at 361
The Board has found Technical Specialists to be part of the craft or class of Mechanics and Related Employees in numerous cases. Frontier Airlines, Inc., 7 NMB 406 (1980); Allegheny, 6 NMB 359 (1977); Braniff International, 7NMB 96 (1979), 7 NMB 47 (1979), and 5 NMB 246 (1975). In US Airways, 26 NMB 359 (1999), the Board found the Carrier's Maintenance Operations Control Supervisors (MOCS's) were part of the craft or class of Mechanics and Related Employees. In that decision the Board found that the employees at issue were the Carrier's former Technical Specialists. Id. at 360.
The Senior Program Specialists and Program Specialists perform at least one of the functions identified in the Board's 1977 Allegheny decision, they "develop and administer technical publications which provide instructions and procedures necessary for the implementation of established policy." Id. at 363. The Specialists provided testimony that they perform maintenance related work. In addition, the Specialists are responsible for the development of aircraft maintenance inspection programs. The Board finds that US Airways' Senior Program Specialists and Program Specialists share a work-related community of interest with the craft or class of Mechanics and Related Employees.
V.
Aircraft Routers
Generally the position of Aircraft Router is part of the craft or class of Office Clerical Employees. Eastern Air Lines, Inc., 12 NMB 29 (1984); Trans World Airlines, 7 NMB 465 (1980); Eastern Airlines, 5 NMB 108 (1973) . The IAM did not submit any evidence in support of its contention that Aircraft Routers are part of the craft or class of Mechanics and Related Employees. There is insufficient evidence that Aircraft Routers share a work-related community of interest with maintenance personnel. The Board finds, therefore, that US Airways' Aircraft Routers are not part of the craft or class of Mechanics and Related Employees.
VI.
Instructor-Central Load Planning
The IAM provided no evidence in support of its contention that the Instructor-Central Load Planner is part of the craft or class of Mechanics and Related Employees. The Carrier provided a position description, and argued that the position is "purely a training and analytical position" for which the Instructors develop and draft technical manuals and training bulletins, and . . . teach[] proper central Load Planning procedures . . . ." There is insufficient evidence that the Instructor-Central Load Planning shares a work-related community of interest with Mechanics and Related Employees. The Board finds, therefore, that the Instructor-Central Load Planning is not part of the craft or class of Mechanics and Related Employees.
VII.
Material Planners, Material Controllers and Inventory Analysts
In National Airlines, Inc., 1 NMB 423, 427 (1947), the Board defined the functions of Stock & Stores Employees as follows: "receive, store, issue, and maintain written records pertaining to equipment, supplies, materials, merchandise, and parts in a stockroom or storeroom." See also Federal Express Corp., 20 NMB 394 (1993); El Al Israel Airlines, 12 NMB 279 (1985).
Generally, employees performing Stock & Store functions are a separate craft or class. United, 6 NMB at 138; Western Air Lines, Inc., 4 NMB 74 (1965). However, on US Airways, Stock and Stores Employees are covered by the IAM's certification for Mechanics and Related Employees. The record establishes that the Carrier's Material Planners, and Senior Material Planners perform functions in support of US Airways' maintenance function as well as the Carrier's stores functions.(3) Therefore, these employees share a work-related community of interest with the Carrier's Mechanics and Related Employees. Accordingly, US Airways' Material Controllers, Senior Material Controllers, and Inventory Analysts share a work-related community of interest with the certified craft or class.
VIII.
Accretion
In Ross Aviation, Inc., 22 NMB 89 (1994) after finding an accretion, the Board dismissed the Organization's application, stating that an election was unnecessary because the employees at issue were already covered by Board certification.
Since then, the Board has consistently followed this policy when it finds that particular job functions are traditionally performed by members of a certified craft or class. United Airlines, Inc., 25 NMB 365 (1998); United Parcel Service, 25 NMB 326 (1998); Long Island Rail Road, 24 NMB 664 (1997).
The broad discretion of the Board concerning the manner in which it conducts investigations in representation disputes was upheld conclusively in Railway Clerks v. Association for the Benefit of Non-Contract Employees, 380 U.S. 650, 662 (1965). The Court held that, in determining choice of employee representative, the Railway Labor Act "leaves the details to the broad discretion of the Board with the only caveat that it 'insure' freedom from carrier interference." Id. at 669.
45 U.S.C. § 152, Ninth, provides that the Board may "utilize any . . . appropriate method" of determining who may represent employees "without interference, influence, or coercion exercised by the carrier." In United Parcel Service Company, 27 NMB 3, 16 (1999), the Board stated that it "does not base its accretion determinations upon showing of interest, but rather upon whether there is a work-related community of interest." In point of fact, however, the Board requires all applications in representation matters to be supported by a showing of interest. In the instant case, as in every case, the Board investigated the showing of interest submitted by the IAM, and is satisfied that the IAM is not attempting to "force" representation on the employees covered by the application without their knowledge or consent.
CONCLUSION
With the exception of the positions of Instructor-Central Load Planning and Aircraft Router, the positions at issue in this case share a work-related community of interest with US Airways'
Mechanics and Related Employees. Therefore, these positions are covered by the IAM's certification in R-4593. File No. CR-6697 is converted to R-6796 and the application is dismissed.
By direction of the NATIONAL MEDIATION BOARD.
Stephen E. Crable
Chief of Staff
Copies to:
Mr. John Hedblom
Jennifer McGarey, Esq.
Tom A. Jerman, Esq.
Mr. Robert Roach
Mr. James Conley
David Neigus, Esq.
1. There are eighteen job titles encompassed by the IAM's application. The job titles are listed in this decision.
2. The Communications Workers of America (CWA) also filed an application in CR-6679. CWA withdrew its application at the same time the IAM withdrew.
3. The Carrier cites the Board's decision in American Trans Air, 27 NMB 558, (2000), in support of its position that these employees are Office Clerical Employees. In American Trans Air, the Board excluded Tool Room Employees from the craft or class of Mechanics and Related. Although not explicitly stated in the decision, the basis of this determination was that Tool Room Employees performed Stock & Stores functions.
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