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In the Matter of the TRANSPORT WORKERS UNION OF AMERICA alleging a representation dispute
pursuant to Section 2, Ninth, involving employees of AMERICAN AIRLINES, INC. |
29 NMB No. 51 CASE NOS. R-6872, FINDINGS UPON April 29, 2002 |
This determination addresses the representation consequences of the application filed by the Transport Workers Union of America (TWU or Organization) for the following crafts or classes: Mechanics and Related Employees; Fleet Service Employees; and Stock Clerks, employees of American Airlines, Inc. (American), and TWA Airlines, LLC. (TWA-LLC).(1)
The Board finds that TWU is the certified representative of Mechanics and Related Employees in the single transportation system (R-6872). The Board finds that TWU is the certified representative of Fleet Service Employees in the single transportation system (R-6873). The Board extends TWU's certification in NMB Case No. R-1447 to include Stock and Stores Employees in the single transportation system.
PROCEDURAL BACKGROUND
On December 13, 2001, TWU filed an application alleging a representation dispute involving the following individuals: Mechanics and Related Employees; Fleet Service Employees; Stock Clerks; Dispatchers; Simulator Technicians; Instructors; Technical Specialists; and Meteorologists of American and TWA-LLC. TWU asserted that American and TWA-LLC constitute a single transportation system. The application was assigned NMB File No. CR-6743.
TWU currently represents the following crafts or classes at American: Mechanics and Related Employees; Fleet Service Employees; Stock and Stores Employees; Dispatchers; and Meteorologists. The International Association of Machinists and Aerospace Workers, AFL-CIO (IAM), currently represents the following crafts or classes at TWA-LLC: Mechanics and Related Employees; Fleet Service Employees; and Stock and Stores Employees.
On March 27, 2002, the Board determined that American and TWA-LLC operate as a single transportation system for representation of the following crafts or classes: Mechanics and Related Employees; Fleet Service Employees; Stock and Stores Employees; Dispatchers; and Meteorologists. The Board determined that American and TWA-LLC operate as a single transportation system for representation of Dispatchers and extended TWU's certification in NMB Case No. R-4265 to include Dispatchers in the single transportation system. The Board determined that American and TWA-LLC operate as a single transportation system for representation of Meteorologists and extended TWU's certification in NMB Case No. R-4191 to include Meteorologists in the single transportation system. The Board determined that the position of Flight Simulator Technician is properly included in the Mechanics and Related Employees craft or class. American Airlines, Inc./TWA Airlines, LLC., 29 NMB 240 (2002).
Pursuant to the Board's Representation Manual (Manual) Section 19.6, this investigation addresses the representation of the following crafts or classes at American: Mechanics and Related Employees; Fleet Service Employees; and Stock and Stores Employees.
The Board's March 17, 2002, determination stated that the IAM "has 30 days from the date of this determination to file an application for each of these crafts or classes, 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
TWU is the certified collective bargaining representative for the following crafts or classes at American: Airline Mechanics, Ground Service, Plant Maintenance and Fleet Service Personnel, NMB Case No. R-1640 (1946); and Stock and Stores Employees, NMB Case No. R-1447 (1945).
The IAM is the certified collective bargaining representative of the following crafts or classes at TWA, Inc.: Mechanics and Related (including Fleet Service Employees), NMB Case No. R-1471 (1945); and Stock Clerks, NMB Case No. R-1606 (1946).
The employees covered by this application are:
| American | TWA-LLC | |
| Mechanics and Related(2) | 13,337 | 3,292 |
| Fleet Service | 13,206 | 3,082 |
| Stock Clerks | 1,382 | 316 |
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 has determined that the single craft or class of Airline Mechanics, Ground Service, Plant Maintenance, and Fleet Service Personnel is no longer a proper craft or class at either American or TWA-LLC. The proper crafts or classes are Mechanics and Related Employees, and Fleet Service Employees. American Airlines, Inc./TWA Airlines, LLC., 29 NMB 240, 251 (2002).
The numbers of TWU-represented Mechanics and Related Employees on American and IAM-represented Mechanics and Related Employees 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, TWU is the certified representative of the craft or class of Mechanics and Related Employees on the single transportation system (R-6872). The IAM's certification in R-1471 is terminated.
The numbers of TWU-represented Fleet Service Employees on American and IAM-represented Fleet Service Employees 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, TWU is the certified representative of the craft or class of Fleet Service Employees on the single transportation system (R-6873). The IAM's certification in NMB Case No. R-1471 is terminated.
The numbers of TWU-represented Stock and Stores Employees on American and IAM-represented Stock and Stores Employees 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, TWU's certification in Case No. R-1447 is extended to cover the entire craft or class of Stock and Stores Employees on the single transportation system. The IAM's certification in R-1606 is terminated.
CONCLUSION
The Board finds that TWU is the certified representative of the entire craft or class of Mechanics and Related Employees in the single transportation system (R-6872). The Board extinguishes the IAM's certification issued in R-1471. Accordingly, Case No. R-6872 is closed.
The Board finds that TWU is the certified representative of the entire craft or class of Fleet Service Employees in the single transportation system (R-6873). The Board extinguishes the IAM's certification issued in R-1471. Accordingly, Case No. R-6873 is closed.
The Board extends TWU's certification in NMB Case No. R-1447 to include Stock and Stores Employees in the single transportation system.The Board extinguishes the IAM's certification issued in NMB Case No. R-1606. Accordingly, NMB Case No. R-6874 is closed.
By direction of the NATIONAL MEDIATION BOARD.
Benetta M. Mansfield
Chief of Staff
Copies to:
Harry A. Rissetto, Esq.
Sheldon M. Kline, Esq.
Mr. Richard A. Malahowski
Mr. Robert Roach
David Neigus, Esq.
Mr. William O'Driscoll
Mr. James C. Little
Arthur M. Luby, Esq.
Marie Chopra, Esq.
Clay Warner, Esq.
Mr. John Ward
1. TWA-LLC and American, when used collectively, will be referred to as "Carriers."
2. Includes Simulator Technicians. American Airlines, Inc./TWA Airlines, LLC., 29 NMB 240 (2002).
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