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Appeal for an Aircraft Mechanic craft or class
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TOPIC: Appeal for an Aircraft Mechanic craft or class
Appeal for an Aircraft Mechanic craft or class 3 Months, 1 Week ago Karma: 0
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American Airlines, AMT
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Mary L. Johnson, General Counsel
Maria-Kate Dowling, Investigator
National Mediation Board
1301 K Street, NW
Suite 250 East
Washington, DC 20005

Re: NMB File No. CR-7131
American Airlines/US Airways. lnc./TWU/IAM Associations
Dear Ms. Johnson:

On August 6, 2014, the Transport Workers Union of America (TWU) and the International Association of Machinists and Aerospace Workers (lAM) jointly filed an application as the Airline Mechanic and Related Employees Association TWU/IAM (TWU/IAM Mechanics Association) requesting that the National Mediation Board (NMB or Board) investigate whether American Airlines, Inc. (American) and US Airways, Inc. (US Airways) (collectively the Carriers or the New American) are operating as a single transportation system for the crafts or classes of Mechanics and Related Employees.

I wish to appeal the addition of Aircraft Mechanics into the Airline Mechanic and Related Employees Association. This association will include the Mechanic and Related craft or class which is a grouping of crafts in violation of section 152.4 of the Railway Labor Act which defines craft or class in a singular manner And the decision in the “Switchmen's Union of North America v. National Mediation Board, Docket No 8346 Citations 135 F.2d 785. This decision forbids the NMB grouping employees into a industrial craft or class unit.

I hold that Aircraft Mechanics constitute a craft or class and should be afforded a unique craft or class apart from the Mechanic and Related craft or class due to the specific terms of section 152.4 of the Railway Labor Act, which proscribe the determination of the representative desires of such employees by craft or class which does not define occupational grouping among ground employees readily to inclusion in an industrial representation unit. In the decision written by Justice Vinson of the United States Circuit Court of Appeals in case docket No 8346, the Justice discussed at considerable length the meaning of the words “craft or class” as written in the Railway Labor Act. He noted that in the hearings before the Congressional Committee prior to the passage of the amended Act in 1934, Mr. Joseph B Eastman, member of the Interstate Commerce Commission, and a co-author of the amended Act, defined the term as -- "all of the employees of the carrier, no matter in what shop they were located, who did that particular kind of work. Following this reasoning Justice Vinson concluded that” --- under these circumstances, it necessarily follows that all of the employees of the Railroad company engaged in the same character of work are members of the same craft or class.

As to the power of the National Labor Relations Board, Justice Vinson said

--- We think it manifest, from a comparison of the related clauses of the two Acts, that the National Mediation Board does not enjoy that wide latitude of discretion which Congress has granted to the National Labor Relations Board. The Railway Labor Act deals only in terms of "craft or class"; no other unit for collective bargaining is considered. There is no authorization to the Board to subdivide or sectionalize, or to designate a representative upon any other basis than the craft or class unit.” ---

Justice Vinson also concluded that "Neither may a craft or class be considered as non-existent or artificially dissected because its members were originally organized for a limited purpose"

We note that the National Mediation Board Representation Manual Section 9.0 list many factors in the determination of a craft or class. Again section 152.4 of the Railway Labor Act lists only one factor that the NMB may use, not many, only craft or class. We also have found that the "community of interest" phase has been use in many determination decision, and that the phrase is alien to craft or class determination.

I hold the Mechanic and Related craft or class is a violation of the authors of section 152.4 of the Railway Labor Act and goes against 8346, 135 F.2d 785 U.S. Federal Courts of Appeals decision and that Aircraft Mechanics should be considered a separate and unique craft or class apart from the new Airline Mechanic and related Employees Association.

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