The services of the National Mediation Board (NMB) were invoked by the United Steelworkers of America (USW) on August 19, 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 "Operating and Non-Operating Employees," employees of the Industrial Steel Group, Cleveland Works Railway Company (Carrier).

At the time this application was received, these employees were not represented.

The Board assigned Susanna F. Pequignot to investigate.

The Board finds that there are two crafts or classes involved in this dispute: Operating Employees; and Non-Operating Employees. This determination addresses the Non-Operating Employees craft or class.

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

Based upon the investigation, the Board closes its file in NMB File No. CR-6766 and dockets this case as NMB Case No. R-6909.

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

The following is the result of the Check of Validity of the employees' signatures as reported by Investigator Pequignot:

The NMB 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 the NMB has jurisdiction over the dispute involved herein; and that the interested parties, as well as the Carrier, were given due notice of the NMB's investigation.

CERTIFICATION

NOW, THEREFORE, in accordance with Section 2, Ninth, of the RLA, as amended, and based upon its investigation pursuant thereto, the NMB certifies that the United Steelworkers of America has been duly designated and authorized to represent for the purposes of the RLA, as amended, the craft or class of Non-Operating Employees, employees of the Industrial Steel Group, Cleveland Works Railway Company, its successors and assigns.

By direction of the NATIONAL MEDIATION BOARD.

Benetta M. Mansfield
Chief of Staff

Copies to:
Stephen M. Olson
Patrick Gallagher