The services of the National Mediation Board were invoked by the Brotherhood of Maintenance of Way Employes (BMWE) on September 24, 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 "Maintenance of Way Employees," employees of Dakota, Minnesota & Eastern Railroad Corp.

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

The Board assigned Investigator Eileen M. Hennessey to investigate.

FINDINGS

The investigation disclosed that a dispute existed among the craft or class of Maintenance of Way Employees, 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 Hennessey who was assigned to count the ballots in this case.

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