In the Matter of the

Application of the

AIR LINE PILOTS ASSOCIATION

alleging a representation dispute pursuant to Section 2, Ninth, of the Railway Labor Act, as amended

involving employees of

MOUNTAIN AIR EXPRESS and AIR WISCONSIN AIRLINES CORPORATION

26 NMB No. 41

CASE NO. R-6666

(FILE NO. C-6637)

FINDINGS UPON

INVESTIGATION-

DETERMINATION OF

CERTIFICATION

(Case No. R-5846)

March 19, 1999

The Air Line Pilots Association (ALPA) filed an application pursuant to Procedures for Handling Representation Issues Resulting From Mergers, Acquisitions or Consolidations in the Airline Industry, 14 NMB 388 (1987). ALPA has alleged that Mountain Air Express (Mountain Air) has merged into Air Wisconsin Airlines Corporation (Air Wisconsin). This matter was assigned National Mediation Board (NMB) File No. C-6637.

In NMB Case No. R-5846, ALPA was certified to represent the craft or class of Pilots & Co-Pilots on Air Wisconsin. Air Wisconsin, Inc., 16 NMB 249 (1989). ALPA requests that this certification be extended to cover the Pilots & Co-Pilots formerly employed by Mountain Air. The Pilots & Co-Pilots at Mountain Air were not represented by any individual or labor organization.

The NMB's records indicate that other crafts or classes on Air Wisconsin are represented by labor organizations. The Transport Workers Union of America (TWU) is the certified representative of Dispatchers pursuant to Case No. R-5959. Air Wisconsin, Inc., 17 NMB 278 (1990). The Association of Flight Attendants (AFA) represents Flight Attendants as a result of the certification in Case No. R-5555. Air Wisconsin, Inc., 12 NMB 243 (1985). According to the certification in Case No. R-4512, the International Association of Machinists and Aerospace Workers (IAM) is the certified representative of Clerical, Office, Fleet and Passenger Service Employees. The IAM is also the certified representative pursuant to Case No. R-4115 of Mechanics and Related.

None of the Mountain Air employees were represented by any labor organization or individual.

In response to the Board's request, Air Wisconsin submitted information on October 1, 1998. ALPA and the other organizations had until October 30, 1998, to respond.	None of the organizations submitted comments.

ISSUES

Are Air Wisconsin and Mountain Air operating as a single transportation system? If so, what is the representation consequence of the merger on ALPA's certification in Case No. R-5846?

CONTENTIONS

ALPA contends that Mountain Air has merged into Air Wisconsin.

Air Wisconsin agrees with ALPA and asserts that Mountain Air merged into Air Wisconsin on June 30, 1998.

FINDINGS OF LAW

I.

Air Wisconsin is a common carrier as defined in 45 U.S.C. § 181.

II.

ALPA is a labor organization and representative as provided by 45 U.S.C. § 151, Sixth and § 152, Ninth, of the Act.

III.

45 U.S.C. § 152, Fourth, gives employees subject to its provisions "the right to organize and bargain collectively through representatives of their own choosing. The majority of any craft or class of employees shall have the right to determine who shall be the representative of the craft or class for the purposes of this chapter."

IV.

45 U.S.C. § 152, Ninth, provides that the Board has the duty to investigate representation disputes and to designate who may participate as eligible voters in the event an election is required. In determining the choice of the majority of employees, the Board is "authorized to take a secret ballot of the employees involved, or to utilize any other appropriate method of ascertaining the names of their duly designated and authorized representatives by the employees without interference, influence or coercion exercised by the carrier."

STATEMENT OF FACTS

On March 19, 1998, Air Wisconsin submitted a transition plan to the Federal Aviation Administration (FAA) for approval of the merger of Mountain Air into Air Wisconsin. On June 26, 1998, the FAA issued new operation specifications allowing Air Wisconsin to operate the Dornier 328 aircraft formerly flown by Mountain Air.

Upon Air Wisconsin's acquisition, Mountain Air's aircraft were repainted in the United Express livery. Mountain Air logos and markings were also removed from the equipment and replaced with those of United Express or Air Wisconsin. The small decal on each former Mountain Air aircraft that stated "Operated by Mountain Air Express, Inc." has been replaced with one that states "Operated by Air Wisconsin Airlines Corporation." Use of the corporate insignia and logos of Mountain Air Express has been discontinued. While Mountain Air still exists as a corporation, it no longer has an airline operating certificate and no longer conducts business as an airline.

The labor relations and personnel functions for the former Mountain Air employees are administered by Air Wisconsin's Employee Relations/Personnel Department which reports to the Executive Vice President Administration and General Counsel.

On March 18, 1998, Air Wisconsin entered into two merger transition agreements with the IAM, one covering Mechanics and Related Employees and the other covering Clerical, Office, Fleet and Passenger Service Employees of Mountain Air. On April 29, 1998, AFA and Air Wisconsin entered into a merger transition and fence agreement. At the time of the operational merger on June 30, 1998, Air Wisconsin had approximately 147 Mechanics and Related Employees, 713 employees in the Clerical, Office, Fleet and Passenger Service Employees(COFPS) craft or class, 267 Pilots and Co-Pilots, and 189 Flight Attendants. Mountain Air had fourteen mechanics, sixty-seven COFPS employees, seventy-nine pilots, and thirty-three Flight Attendants.

Flights formerly operated by Mountain Air are operated by Air Wisconsin and held out to the public and marketed as United Express flights. Air Wisconsin Pilots, Flight Attendants, and Customer Service Agents wear uniforms that are standard among United Express carriers. After Air Wisconsin's acquisition, Mountain Air began flying as United Express. Mountain Air employees began wearing the United Express uniforms. Prior to Air Wisconsin's acquisition, Mountain Air was flying as an independent airline under a code sharing agreement with Western Pacific Airlines.

DISCUSSION

I. The Board's Authority

Section 2, Ninth of the Act, 45 U.S.C. § 152, Ninth, authorizes the Board to investigate disputes which arise among a carrier's employees over representation and to certify the duly authorized representative of such employees. The Board has exclusive jurisdiction over representation questions under the Railway Labor Act. Switchmen's Union v. National Mediation Board, 320 U.S. 297 (1943); General Committee of Adjustment v. M.K.T. Railroad, 320 U.S. 323 (1943).1

II. Single Transportation System

In TWA/Ozark, 14 NMB 218 (1987), the Board enunciated factors which will be examined to determine whether carriers operate or will operate as a single

transportation system. The following factors were cited by the Board as indicia of a single transportation system:

[W]hether the two systems are held out to the public as a single carrier. We recognize that there may be differences between two carriers' intent to hold themselves out to the public as a single carrier and the public's perception of whether there is a single system. That is why the Board looks into such practical considerations as whether a combined schedule is published; how the carrier advertises its services; whether reservation systems are combined; whether tickets are issued on one carrier's stock; if signs, logos and other publicly visible indicia have been changed to indicate only one carrier's existence; whether personnel with public contact were held out as employees of one carrier; and whether the process of repainting planes and other equipment, to eliminate indications of separate existence, has been progressed.

Other factors investigated by the Board seek to determine if the carriers have combined their operations from a managerial and labor relations perspective. Here the Board investigates whether labor relations and personnel functions are handled by one carrier; whether there are a common management, common corporate officers and interlocking Boards of Directors; whether there is a combined workforce; and whether separate identities are maintained for corporate and other purposes.

TWA/Ozark, supra, at 236.

In the present case, there is little doubt that Mountain Air has merged into Air Wisconsin. Former Mountain Air aircraft are operated by Wisconsin Air. Mountain Air is not holding itself out to the public as a separate entity. Mountain Air flights are operated by Air Wisconsin. Labor relations and personnel functions for Mountain Air are handled by Air Wisconsin. The labor organizations on Air Wisconsin represent, pursuant to fence agreements, the former employees of Mountain Air.

Mountain Air employees wear United Express uniforms like Air Wisconsin employees. Mountain Air logos and markings were removed and replaced with those of United Express or Air Wisconsin. The Mountain Air corporate insignia and logos have been discontinued. For these reasons, the Board finds that Mountain Air has merged into Air Wisconsin.

III. Representation Consequences

ALPA's certification in NMB Case No. R-5846 is extended to cover the former Pilots and Co-Pilots at Mountain Air. This outcome is consistent with the NMB's merger procedures. Airline Merger Procedures,14 NMB 388 (1987). Here, there are no certifications on the acquired carrier, Mountain Air. The number of Pilots and Co-Pilots at Mountain Air is not comparable to the number of employees in that craft or class at Air Wisconsin. Therefore, the existing certification at issue on the surviving carrier, Air Wisconsin, has system-wide applicability immediately.

CONCLUSION

Based upon the facts and circumstances of this case, the Board finds that Mountain Air has merged into Air Wisconsin and constitutes a single transportation system.

The certification in Case No. R-5846 is, therefore, extended to cover the former Pilots of Mountain Air.

File No. C-6637 is converted to NMB Case No. R- 6666 and closed.

By direction of the NATIONAL MEDIATION BOARD.

Stephen E. Crable

Chief of Staff