The services of the National Mediation Board (Board) were invoked by the IBT/HERE Employee Representatives' Council (Council) on April 29, 2002, to investigate and determine who may represent, for the purposes of the Railway Labor Act (Act), as provided by Section 2, Ninth, thereof, personnel described as "Security Representatives and Related Employees," employees of the Gate Safe, Inc. (Gate Safe).

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

The Board assigned Sean J. Rogers to investigate.

FINDINGS

The investigation disclosed that Gate Safe and the Council negotiated a collective bargaining agreement governing the rates of pay, rules and working conditions of employees in the craft or class effective January 3, 2002. Article 14 of the Gate Safe/Council collective bargaining agreement requires the employees to join the International Brotherhood of Teamsters or the Hotel Employees & Restaurant Employees International Union, or pay a service fee to either labor organization. In support of the application, the Council submitted signed dues withholding forms which also authorize the Council to represent the employee for the purposes of the Act. Gate Safe submitted signature samples for all employees in the craft or class.

Based on the Council's submission of dues withholding forms, Gate Safe asserted that there was no need for the Board to conduct a representation election within the craft or class. Gate Safe asserted that the Board could certify the Council to represent the craft or class based on the Board's Representation Manual Sections 10.3 and 10.4.

The following is the result of the check of validity of the employees' signatures as reported by Rogers.

The Board further finds that the Gate Safe and the employees in this case are, respectively, a Carrier and employees within the meaning of the Act; that the Board has jurisdiction over the dispute; and that the interested parties were given due notice of the Board's investigation.

CERTIFICATION

NOW, THEREFORE, in accordance with Section 2, Ninth, of the Act, as amended, and based upon its investigation pursuant thereto, the Board certifies that the Council has been

By direction of the NATIONAL MEDIATION BOARD.

Benetta M. Mansfield
Chief of Staff