In the Matter of the

Application of the

COMMUNICATIONS WORKERS OF AMERICA

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

involving employees of

US AIRWAYS

26 NMB No. 72

CASE NO. R-6435

ORDER

July 29, 1999

On July 12, 1999, the United States District Court for the District of Columbia issued an Order to the Board pursuant to a Mandate from the United States Court of Appeals for the District of Columbia Circuit. US Airways, Inc. v. National Mediation Board, et al., No. 98-5435 (D.C. Cir. June 22, 1999), No. 97-1508 (D.D.C. July 12, 1999). This Order was received by the Board on July 16, 1999.

The District Court's Order concerns a re-run election involving Passenger Service Employees of US Airways. This election resulted in the Board's certification of the Communications Workers of America (CWA) on October 1, 1997. US Airways, 25 NMB 1 (1997).

The Court of Appeals instructed the District Court to remand the case to the Board "to set aside the results of the re-run election and for further proceedings not inconsistent with this opinion."1 The District Court Ordered that the case "be remanded to the National Mediation Board for proceedings in accordance with the opinion of the United States Court of Appeals."

CWA filed a Motion for an expedited election on June 3, 1999. On June 25, 1999, the Board issued a decision in which it re-evaluated the record of this case in light of the Court of Appeal's opinion. The Board concluded, after reviewing the record anew, that US Airways interfered with its employees' choice of representative in the initial election. US Airways, 26 NMB 323 (1999). In its decision, the Board ordered another re-run election to determine the employees' choice of representative. Ballots were mailed July 16, 1999, and the ballot count will take place August 20, 1999.

ORDER

In accordance with the Order of the United States District Court for the District of Columbia, the Board hereby sets aside the results of the election held in September 1997. Accordingly, the certification issued to the CWA on October 1, 1997, is no longer in effect.

By direction of the NATIONAL MEDIATION BOARD.

Stephen E. Crable

Chief of Staff

Copies to:

Daniel M. Katz, Esq.

Ellen Ranzman, Esq.

James B. Coppess, Esq.

Betty Leach Hawkins, Esq.

Tom A. Jerman, Esq.

Robert A. Siegel, Esq.