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In the Matter of the ASSOCIATION OF PROFESSIONAL FLIGHT ATTENDANTS alleging a representation dispute
pursuant to Section 2, Ninth, involving employees of AMERICAN AIRLINES, INC. |
29 NMB No. 49 CASE NO. R-6869 FINDINGS UPON April 19, 2002 |
This determination addresses the representation consequences of the application filed by the Association of Professional Flight Attendants (APFA or Organization) for the craft or class of Flight Attendants, 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 Attendants and extends APFA's certification in R-4711 to include Flight Attendants in the single transportation system.
PROCEDURAL BACKGROUND
On December 12, 2001, APFA filed an application alleging a representation dispute involving the Flight Attendants of American. APFA filed its application with a seniority list of the Flight Attendants represented by APFA dated June 1, 2001. APFA asserted that American and TWA-LLC constitute a single transportation system. The application was assigned NMB File No. CR-6742. APFA currently represents the Flight Attendants craft or class at American. The International Association of Machinists and Aerospace Workers, AFL-CIO (IAM), currently represents the Flight Attendant craft or class at TWA-LLC.
On March 19, 2002, the Board determined that American and TWA-LLC operate as a single transportation system for representation of the Flight Attendants craft or class. American Airlines, Inc./TWA Airlines, LLC., 29 NMB 223 (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 19, 2002, determination stated that the IAM "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."
STATEMENTS OF FACT
APFA represents Flight Attendants on American pursuant to Board certification in Case No. R-4711 (1977). IAM was certified as the representative of Flight Attendants at TWA, Inc. in Case No. R-6740 (2000).
American employs 22,860 employees covered by this application. TWA-LLC employs 4,055 Flight Attendants.
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 American Airlines/TWA Airlines, LLC, 29 NMB 260 (2002); 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 Attendants. The numbers of APFA-represented Flight Attendants on American and IAM-represented Flight Attendants on TWA-LLC are not comparable. As of the date of this decision, the IAM has not filed an application supported by a showing of interest of at least 35 percent of the single transportation system or supplemented the showing of interest in accordance with Manual Section 19.601. Therefore, APFA's certification in Case No. R-4711 is extended to cover the entire craft or class of Flight Attendants on the single transportation system. The IAM's certification in R- 6740 is terminated.
CONCLUSION
The Board finds that the appropriate craft or class is Flight Attendants and extends APFA's certification in R-4711 to include Flight Attendants in the single transportation system. The Board extinguishes the IAM's certification issued in R-6740. Accordingly, Case No. R-6869 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
John Ward
Robert Roach
David Neigus, Esq.
William O'Driscoll
Marie Chopra, Esq.
Clay Warner, Esq.
James C. Little
Arthur M. Luby, Esq.
1. TWA-LLC and American, when used collectively, will be referred to as "Carriers."
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