In the Matter of the


REPRESENTATION OF EMPLOYEES


of


CANADIAN PACIFIC RAILWAY (SOO LINE)


Signal and Communication Supervisors

 29 NMB No. 6


 CASE NO. R-6836


 DISMISSAL


 October 25, 2001



The services of the National Mediation Board were invoked by the Soo Line Signals & Communications Supervisors Association (SLSCSA) on August 14, 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 "Signal and Communication Supervisors," employees of Canadian Pacific Railway (Soo Line).


At the time this application was received, these employees were represented by the Transportation Communications International Union-American Railway Supervisors Association (TCU-ARASA).


The Board assigned Investigator Mary L. Johnson to investigate.


FINDINGS


The investigation disclosed that a dispute existed among the craft or class of Signal and Communication Supervisors, 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 Johnson who was assigned to count the ballots in this case.

Number of Employees Voting:
  SLSCSA TCU-ARASA Number of Employees Eligible
Signal and Communication Supervisors 0 1 6


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

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