This determination addresses the representation consequences of the application filed by the Allied Pilot's Associations (APA) for the craft or class of Flight Deck Crew Members, employees of American Airlines, Inc. (American), and TWA Airlines, LLC. (TWA- LLC).⁽¹⁾

The Board finds that the appropriate craft or class in this case is Flight Deck Crew Members and extends the APA's certification in R-3619 (Pilots) to include Flight Deck Crew Members in the single transportation system.

PROCEDURAL BACKGROUND

On November 9, 2001, APA filed an application alleging a representation dispute involving American Flight Deck Crew Members. APA asserted that American and TWA-LLC constitute a single transportation system. APA filed its application with a seniority list of the pilots represented by APA dated July 1, 2001. The application was assigned NMB File No. CR-6736.

On March 5, 2002, the Board determined that American and TWA-LLC operate as a single transportation system for representation purposes. American Airlines, Inc./TWA Airlines, LLC., 29 NMB 201 (2002). Pursuant to the Board's Representation Manual (Manual) Section 19.6, this investigation addresses the representation of the proper craft or class.

The Board's March 5, 2002, determination stated that the Air Line Pilots Association (ALPA) "has 30 days from the date of this determination to file an application supported by a showing of interest of at least 35 percent of the single transportation system or to supplement the showing of interest in accordance with Manual Section 19.601."

On March 18, 2002, ALPA notified the Board that it would not file an application.

On March 20, 2002, the TWA Master Executive Council of the Air Line Pilot's Association International (ALPA-TWA MEC) submitted an unsolicited request for an investigation "into possible interference by American Airlines, Inc., management with a representational certification."

On March 21, 2002, APA responded to the ALPA-TWA MEC submission and requested that the Board dismiss the ALPA-TWA MEC's allegations.

On March 27, 2002, American filed a response with the Board concurring with APA's submission.

On March 28, 2002, the ALPA-TWA MEC supplemented its March 20, 2002, submission, reiterating its request for an investigation and requesting a 180-day extension of the "representational certification of the pilot craft and class."

STATEMENTS OF FACT

APA represents Pilots on American pursuant to Board certification in Case No. R-3619 (1963). AAL Flight Engineers' International Association (FEIA) was certified as the representative of Flight Engineers on American in Case No. R-2933 (1955). ⁽²⁾ ALPA is the voluntarily recognized representative of Pilots on TWA Inc. ALPA was certified as the representative of Flight Engineers at TWA Inc. in Case No. R-3982 (1968).

Effective December 31, 2000, FEIA terminated operations and filed the required termination report with the Department of Labor.

American employs 11,329 employees and TWA-LLC employs 2,243 Flight Deck Crew Members covered by this application.

DISCUSSION

The Board has consistently extended an organization's certification to cover employees in the craft or class on the entire system when the numbers of employees on each part of the system are not comparable. For example, in Continental Airlines/Continental Express, 20 NMB 582 (1993), the Board extended the certification of an incumbent which represented 6,994 Flight Attendants to include 423 unrepresented Flight Attendants. See also Continental Airlines/Continental Express, 20 NMB 580 (1993); SAHSA/TAN, 19 NMB 17 (1991); Air Wisconsin, Inc./Aspen Airways, Inc., 18 NMB 336 (1991); Alaska Airlines, Inc./Jet America, Inc., 15 NMB 42 (1987).

The Board's examination of the record establishes that the appropriate craft or class in this case is Flight Deck Crew Members. The numbers of APA-represented Flight Deck Crew Members on American and ALPA-represented Flight Deck Crew Members on TWA-LLC are not comparable. Therefore, APA's certification in Case No. R-3619 is extended to cover the entire craft or class of Flight Deck Crew Members on the single transportation system. FEIA's certification issued in R-2933 (Flight Engineers/American) and ALPA's certification in R-3982 (Flight Engineers/TWA Inc.) are terminated.⁽³⁾

CONCLUSION

The Board finds that the appropriate craft or class is Flight Deck Crew Members and extends APA's certification in R-3619 (Pilots) to include Flight Deck Crew Members in the single transportation system. The Board extinguishes FEIA's certification issued in R-2933 (Flight Engineers/American) and ALPA's certification in R-3982 (Flight Engineers/TWA Inc.). Accordingly, Case No. R-6867 is closed.

By direction of the NATIONAL MEDIATION BOARD.

Benetta M. Mansfield
Chief of Staff

Copies to:
(see attached list)

Harry A. Rissetto, Esq.
Sheldon M. Kline, Esq.
Richard A. Malahowski
Jonathan A. Cohen, Esq.
Clay Warner, Esq.
Roland P. Wilder, Esq.
Edgar N. James, Esq.
Marie Chopra, Esq.
John Ward
Robert Roach
David Rosen, Esq.

1. TWA-LLC and American, when used collectively, will be referred to as "Carriers."

2. All Flight Engineers hired at American after 1963 are required to be pilot-qualified and are represented by APA. See American Airlines, Inc., 19 NMB 113 (1991).

3. "Under normal circumstances, participation in . . . representation matters is limited to the applicant, the incumbent, if any, and the carrier." ALPA-TWA MEC is neither the applicant nor the incumbent. While in special circumstances the Board "may deem some form of limited participation by other entities to be appropriate," ALPA-TWA MEC has failed to demonstrate those circumstances here. Missouri Pacific Railroad (Union Pacific), 15 NMB 21, 23 (1987). Therefore, the Board will not consider ALPA-TWA-MEC's submissions.