NMB ruling on major representation dispute contradicts Labor Panel’s decision on Union Pacific

NMB ruling on major representation dispute contradicts Labor Panel’s decision on Union Pacific

Board declares craft or class of Train and Engine Service Employees applies; dismisses BLE application

WASHINGTON, D.C. (March 2) – Within 24 hours, two cases that are factually and legally identical have produced opposite results.

On Wednesday, the National Mediation Board (NMB) issued an opinion in a representation dispute that contradicts the decision by a labor panel on Tuesday dismissing the United Transportation Union’s (UTU) application for a representation election on the Union Pacific Railroad.

The three-member NMB dismissed the Brotherhood of Locomotive Engineers (BLE) application (Case No. R-6704) for a representation election on the Texas Mexican Railway Company (TexMex). The Board said, "Based on the facts presented in this case, the Board finds that the proper craft or class at TexMex is Train and Engine Service Employees."

The BLE had filed an application with the Board on September 13, 1999, alleging a representation dispute existed among TexMex locomotive engineers. The United Transportation Union (UTU) represents all operating employees on the TexMex, including trainmen, conductors and locomotive engineers.

On Tuesday, a three-person panel of labor relations professionals appointed by the NMB dismissed the UTU’s petition to hold a representation election on the Union Pacific Railroad among the craft or class of Train and Engine Service Employees.

"Within a 24-hour period, two cases that many rail labor experts say are factually and legally identical have produced decisions that contradict each other," said UTU International President Charles L. Little. "It is more than ironic and curious that when the Board deferred to a labor panel, as it did on the Union Pacific representation dispute, that that panel applied different standards, and not the Board’s standards, in drawing its conclusion. However, when the Board applies its own standards under Federal law, as it did in the TexMex case, the right decision is reached under the law."

At the time of the BLE’s attempted A-card raid in September 1999 on the TexMex, the UTU represented trainmen, conductors and locomotive engineers that the UTU said constituted the proper craft or class of "Train and Engine Service Employees." With the Board’s dismissal of the BLE’s application, the UTU will continue to represent all operating employees.

The BLE filed an initial position statement with the NMB on September 17, 1999, saying that the proper craft or class included all locomotive engineers and that there was "no craft or class of Train and Engine Service employees on the Texas Mexican Railway Company."

The carrier’s position was that there was a "longstanding history on TexMex of treating all train and engine service employees as a single class or craft for collective bargaining purposes." TexMex’s list of eligible employees included employees with position titles of Engineer and Conductor. The carrier also said, "There is a substantial community of interest among employees in the positions of Locomotive Engineers, Conductors and Trainmen."

In reaching its decision on the TexMex case, the Board said, "Based on the TexMex/UTU collective bargaining agreement of October 31, 1985, promotions of qualified employees progress from Trainman to Conductor to Locomotive Engineer. These promotions are mandatory for employees with seniority dates after November 1, 1985. Promoted employees continue to earn seniority on both rosters throughout their careers at TexMex."

The UTU is filing a petition with the NMB today to reconsider the decision of the Labor Panel dismissing the union’s request for a representation election on the Union Pacific Railroad among the craft or class of Train and Engine Service Employees.