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NMB calls off Tex-Mex vote CLEVELAND -- After first indicating on March 9 that a representation election on the Texas Mexican Railway (TexMex) would most probably take place, the National Mediation Board (NMB) on March 24 dismissed the BLE's application for an election against the UTU. Instead of issuing the date of the election, as both the UTU and BLE expected, the NMB issued a letter stopping the TexMex election. The UTU represents all operating employees on the TexMex. In issuing its order, the NMB said it "will not accept an application (for a representation election) for a two-year period" on the TexMex. The two-year bar, the NMB said, began on March 1, 2000, which is the date of the decision in the Texas Mexican Railway Company. In his letter to the UTU and BLE, NMB Chief of Staff Stephen E. Crable said that "except in unusual or extraordinary circumstances, the National Mediation Board will not accept an application for investigation of a representation dispute among employees of a carrier: (a) For a period of two (2) years from the date of a certification covering the same craft or class of employees on the same carrier..." On March 1, the NMB dismissed the BLE's application alleging a representation dispute among "locomotive engineers" at TexMex. Then, on March 5, the BLE filed another application with the NMB alleging a representation dispute among the employees in the craft and class of train and engine service. On March 9, the NMB sent a letter to the UTU, BLE and TexMex alerting them to an upcoming representation election. The TexMex was told to deliver to the Board by March 23 alphabetized lists of potential eligible voters, and to provide signature samples for eligible voters. In denying an election for at least two years, the NMB said its "rule is based upon the principle that labor stability is enhanced by providing labor and management a reasonable period of time for a collective bargaining relationship after a certification.... When the board issued the certification for Train and Engine Service Employees on March 1, 2000, the result is that the Board will not accept an application for a two-year period." |
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