25 NMB No. 73

NMB Case No. R-6594

(NMB File No. M-42)

FINDINGS UPON

INVESTIGATION

March 26, 1998

On January 19, 1996, the Brotherhood of Locomotive Engineers (BLE) filed an application invoking the services of the National Mediation Board (NMB) pursuant to the Board's Procedures for Handling Representation Issues, Resulting from Mergers, Acquisitions or Consolidations in the Railroad Industry, 17 NMB 44 (1990). The BLE alleged that the Burlington Northern Railroad (BN) and the Atchison, Topeka & Santa Fe Railway Company (ATSF) have merged to form the Burlington Northern and Santa Fe Railway Company. The application covered the craft or class of Train Dispatchers.

The craft or class of Train Dispatchers on the BN are represented by the BLE. James M. Bierd, an individual, was certified to represent the craft or class of Train Dispatchers on the ATSF, in NMB Case No. R-5674. Pursuant to Mr. Bierd's request, the certification was revoked on November 7, 1988. Atchison, Topeka & Santa Fe Railway Company, 16 NMB 43 (1988). Thus, the Train Dispatchers on the ATSF are unrepresented.

The record before the Board independently establishes that the BN and ATSF constitute a single transportation system.

On January 9, 1998, the Board received a letter from L.A. Parmelee, President of the American Train Dispatchers Department of the BLE, and John Fleps, Vice President-Labor Relations of the BNSF. The letter states as follows:

This is to advise that The Burlington Northern and Santa Fe Railway Company (BNSF) has agreed to voluntarily recognize the American Train Dispatchers Department of the International Brotherhood of Locomotive Engineers (ATDD) as the collective bargaining representative of the carrier's employees in the class or craft of train dispatchers for the combined BNSF system, effective [December 24, 1997].

Based on this voluntary recognition, and the fact that ATDD is already the representative for approximately 79% of these employees, ATDD requests that, pursuant to Section 2, Ninth of the Railway Labor Act, the Board immediately issue a certification of ATDD's representative status to the carrier without the need for further proceedings. BNSF has no objection to the issuance of such a certification in these circumstances.

Your expedited consideration of this matter will be greatly appreciated.

CONCLUSION

NOW, THEREFORE, in accordance with Section 2, Ninth, of the Railway Labor Act, as amended, and based upon its investigation pursuant thereto, the National Mediation Board finds that the Brotherhood of Locomotive Engineers is the system-wide representative for the craft or class of Train Dispatchers, employees of the Burlington Northern and Santa Fe Railway Company.

NMB File No. M-42 is converted to R-6594.

By direction of the NATIONAL MEDIATION BOARD.

Stephen E. Crable

Chief of Staff