In the Matter of the
alleging a representation dispute
pursuant to Section 2, Ninth,
involving employees of
UNITED AIRLINES, INC.
28 NMB No. 47
CASE NO. R-6806
February 12, 2001
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 "Staff Coordinator-Flight Training Development" and "Senior Staff Coordinator-Flight Training Development" (Developers) of United Airlines, Inc. (United). The IAM is the certified representative of the craft or class of Ground Instructors at United (Case No. R-6474) and the Organization asserts that the Developers are part of this craft or class.
For reasons set forth below, the National Mediation Board (Board or NMB) concludes that the Developers are already covered by the IAM's certification in R-6474. Therefore, the Board dismisses the IAM's application.
On December 4, 2000, the IAM filed this application. The IAM requested the Board to accrete "Flight Training Developers" into the Ground Instructors craft or class. The Board assigned this case File No. CR-6708 and assigned Benetta M. Mansfield as the Investigator.
On December 19, 2000, United advised the Investigator that it was unable to provide the list of eligible voters because Flight Training Developers do not exist at United. Therefore, United stated that the application should be dismissed or amended to properly identify a United job title.
On December 28, 2000, the IAM responded stating that the job titles for the positions the IAM sought are "Staff Coordinator-Flight Training Development" and "Senior Staff Coordinator-Flight Training Development." The IAM further stated that the employees holding these job titles interface with other technical staff in planning and coordinating United's flight training systems and programs.
On January 12, 2001, the Investigator advised the IAM and United that in light of the submissions, the IAM has amended the application to request the positions of "Staff Coordinator-Flight Training Development" and "Senior Staff Coordinator-Flight Training Development" be accreted into the Ground Instructors craft or class. The Investigator gave United until January 19, 2001, to file any position on the issue, and the IAM until January 26, 2001, to file any response to United's position.
Neither United nor the IAM filed any further position statements.
Do Developers at United share a work-related community of interest with the Ground Instructors craft or class?
FINDINGS OF LAW
Determination of the issues in this case is governed by the Railway Labor Act, as amended, 45 U.S.C. §§ 151-188. Accordingly, the Board finds as follows:
United is a common carrier by air as defined in 45 U.S.C. § 181.
The IAM is a labor organization and/or representative as provided by 45 U.S.C. § 152, Ninth.
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."
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
The election in Case No. R-6474 involved 88 eligible voters in the Ground Instructors craft or class. United Airlines, Inc., 24 NMB 113 (1996). In United Airlines, Inc., 27 NMB 165 (1999), the Board found that 34 Emergency Procedure Instructors (EPIs) were part of the Ground Instructors craft or class. The EPIs job description stated, in part, that they "provide[ ] input in the development of emergency procedures training policies and procedures."
The Developer job descriptions state:
Staff Coordinator - Flight Training Development
Provides technical direction to and performs all of the duties of Coordinator - Flight Training Development. Serves as a primary interface with other training or technical staff in planning and coordinating training systems and programs.
Education: Bachelor's degree in Educational Technology, Psychology, Education, Business, or Engineering, or equivalent knowledge obtained through experience and/or training. A Master's degree in Educational Technology may be substituted for one year of the experience requirement.
Experience: Three years of flight training program and development to demonstrate knowledge of all training programs.
Senior Staff Coordinator - Flight Training Development
Establishes goals and priorities for the accomplishment of training projects. Coordinates and monitors team member performance in assignments to assure adherence to schedules and project specifications. Provides administrative support to team members in addition to performing the basic responsibilities associated with training program development.
Education: Same as for above position.
Experience: Four years of experience in training program development, preferably in flight systems. Demonstrated ability to provide project leadership.
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., 12 NMB 218, 223 (1985), the Board found that a job position which, "establishes the priorities, monitors the achievement of other instructors . . . [r]ecommends and implements changes to improve training effectiveness" was part of the Ground Instructor craft or class.
United's Developer job descriptions state the incumbents are the "primary interface with other training or technical staff in planning and coordinating training systems and programs." This description is similar to the EPIs included in the Ground Instructors craft or class in United Airlines, Inc., 27 NMB 165 (1999). Developers also develop programs. Therefore, the Board finds these positions are part of the Ground Instructors craft or class.
United's Developers share a work-related community of interest with United's Ground Instructors craft or class. Therefore, these positions are covered by the IAM's certification in Case No. R-6474. NMB File No. CR-6708 is converted to Case No. R-6806 and the application is dismissed.
By direction of the NATIONAL MEDIATION BOARD.
Stephen E. Crable
Chief of Staff
Jennifer Coyne, Esq.
Mr. Dave A. Kolakowski
Mr. Robert Roach
Mr. James Conley
David Neigus, Esq.