In the Matter of the


REPRESENTATION OF EMPLOYEES


of


MIDWAY AIRLINES CORPORATION


Mechanics and Related Employees

 28 NMB No. 94


 CASE NO. R-6824


 DISMISSAL


 August 27, 2001


The services of the National Mediation Board were invoked by the International Association of Machinists and Aerospace Workers, AFL-CIO on May 31, 2001, 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 "Mechanics and Related Employees," employees of Midway Airlines Corporation.


At the time this application was received, these employees were not represented by any organization or individual.


The Board assigned Board Representative Susanna Fisher to investigate.


FINDINGS


The investigation disclosed that a dispute existed among the craft or class of Mechanics and Related Employees, and by direction of the Board, the Mediator 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 Board Representative Fisher who was assigned to count the ballots in this case.

Number of Employees Voting:
  IAM Other Number of Employees Eligible
Mechanics and Related Employees 9 2(1) 91


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.


On the basis of the investigation and report of election which establishes that less than a majority of eligible employees cast valid ballots in the election, the National Mediation Board finds no basis for certification and the application is, therefore, dismissed subject to Part 1206.4(b) of the NMB Rules.


By direction of the NATIONAL MEDIATION BOARD.




Stephen E. Crable
Chief of Staff



1. Two write-in votes for the Aircraft Mechanics Fraternal Association.


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