The services of the National Mediation Board (Board) were invoked by the Brotherhood of Maintenance of Way Employes (BMWE) on May 28, 2002, to investigate and determine who may represent for the purposes of the Railway Labor Act (RLA), as provided by Section 2, Ninth, thereof, personnel described as "Maintenance of Way Employees," employees of Wisconsin Central Transportation Corp. (Carrier).

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

The Board assigned Investigator Jennifer Rosenthal to investigate.

FINDINGS

The investigation disclosed that a majority of eligible employees in the craft or class had signed authorization cards which authorize the BMWE to represent them for the purposes of the RLA.

The investigation further disclosed that the Carrier did not object to representation of the craft or class by the BMWE.

The following is the result of the Check of Validity of the employees' signatures as reported by Investigator Rosenthal.

The Board further finds that the Carrier and employees in this case are, respectively, a Carrier and employees within the meaning of the RLA, 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.

CERTIFICATION

NOW, THEREFORE, in accordance with Section 2, Ninth, of the RLA, as amended, and based upon its investigation pursuant thereto, the Board certifies that the BMWE has been duly designated and authorized to represent for the purposes of the RLA, as amended, the craft or class of Maintenance of Way Employees, employees of Wisconsin Central Transportation Corp., its successors and assigns.

By direction of the NATIONAL MEDIATION BOARD.

Benetta M. Mansfield
Chief of Staff