In the Matter of the Application of the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

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

involving employees of

CONTINENTAL AIRLINES, INC./CONTINENTAL MICRONESIA, INC.

27 NMB No. 12

CASE NO. R-6708

(File No. CR-6670)

FINDINGS UPON INVESTIGATION- DISMISSAL

October 27, 1999

This decision addresses an application from the International Brotherhood of Teamsters (IBT), alleging a representation dispute among employees described as "Mechanics-Saipan" employed by Continental Airlines, Inc./Continental Micronesia, Inc. (Carrier).

For the reasons stated below, the National Mediation Board (Board) finds that the employees at issue are covered by the certification issued to the IBT in Case No. R-5083, Air Micronesia, 7 NMB 428 (1980). Therefore, the application is dismissed.

PROCEDURAL BACKGROUND

On August 10, 1999, the IBT filed an application pursuant to 45 U.S.C. § 152, Ninth, covering "Mechanics-Saipan" of the Carrier. The application was assigned File No. CR-6670.

The investigation was assigned to Sean J. Rogers.

The Carrier's list of potential eligible voters was received by the Board on August 30, 1999. The investigation revealed that since July 29, 1980, the IBT has been the certified representative of the craft or class of "Mechanics and Related Employees" of Air Micronesia on Guam. Further, the record established that the Carrier is the successor to Air Micronesia.

On September 21, 1999, the investigator requested the Carrier and the IBT to submit position statements on the proper craft or class of the mechanics and related employees on Saipan in light of the existing IBT certification on Guam (Air Micronesia, supra).

On October 1, 1999, the Board received a copy of a letter dated September 27, 1999, from Daniel Casey, Staff Vice President, Labor Relations, Continental Airlines, Inc., to Ray Benning, Director, Airline Division, IBT. Casey's letter stated, in pertinent part:

Continental Micronesia, Inc. ("CMI") is willing to voluntarily recognize the Teamsters as the authorized representative of these [Saipan-based] employees.

We have agreed that the Saipan employees should be treated as an accretion to the existing collective bargaining unit on Guam, and we will jointly support such a determination by the National Mediation Board.

The letter was signed by Casey and Benning.

On October 18, 1999, the Carrier submitted job descriptions for the employees covered by the IBT application and other documentary evidence requested by the Investigator.

DISCUSSION AND FINDING

In LSG Lufthansa Services, Inc., 27 NMB 18, (1999), the NMB found:

The island of Guam is a United States territory and its westernmost possession since 1898. The islands of Saipan, Tinan, and Rota comprise the Commonwealth of the Northern Marianas Islands (CNMI). In 1986, the Northern Marianas Islands achieved political union with the United States and commonwealth status pursuant to an agreement, known as the Covenant, approved by the people of the Northern Marianas in a United Nations-observed plebiscite and by Congress by Public Law 94-241.

The Covenant established a Commonwealth government, CNMI, pursuant to a locally adopted Constitution in political union with the United States.

As a result of CNMI's political union with the United States, all provisions of the RLA apply to Saipan.

The record in this case establishes that the Carrier's Saipan-based employees perform the identical work as the Carrier's Guam-based employees covered by the IBT certification in Air Micronesia, supra. Therefore, the Board finds that the Carrier's Saipan- based mechanics and related employees are properly members of the craft or class of "Mechanics and Related Employees" covered by the IBT certification in Case No. R-5083, Air Micronesia, supra.

CONCLUSION

For the reasons stated above, the individuals sought to be represented by IBT's application in this case are covered by the IBT's certification in Case No. R-5083, Air Micronesia, supra. File No. CR-6670 is converted to Case No. R-6708 and the application is dismissed.

By direction of the NATIONAL MEDIATION BOARD.

Stephen E. Crable

Chief of Staff

Copies to:

Mr. Ray Benning

Roland P. Wilder, Jr., Esq.

J. Patrick Butler, Esq.

Jeffery D. Wall, Esq.

Mr. Daniel P. Casey

Mr. Kent DeShazo