In the Matter of the

REPRESENTATION OF EMPLOYEES

of

MODESTO AND EMPIRE TRACTION COMPANY

Engine Service Employees

28 NMB No. 8

CASE NO. R-6776

CERTIFICATION

October 20, 2000

The services of the National Mediation Board were invoked by the United Brotherhood of Carpenters and Joiners of America (UBC) on September 19, 2000, to investigate and determine who may represent for the purposes of the Railway Labor Act, as provided by Section 2, Ninth, thereof, personnel described as "Engine Service Employees," employees of the Modesto and Empire Traction Company.

At the time this application was received, these employees were represented by the United Transportation Union (UTU). Subsequently, by letter dated October 3, 2000, the UTU disavowed any interest in representation of the operating employees at Modesto and Empire Traction Company.

The Board assigned Benetta M. Mansfield and Susanna Fisher to investigate.

FINDINGS

The investigation disclosed that a majority of eligible employees in the craft or class had signed authorization cards which authorize the UBC to represent them for the purposes of the Railway Labor Act.

The investigation further disclosed that the Carrier did not object to representation of the craft or class by the UBC.

The following is the result of the Check of Validity of the employees' signatures as reported by Investigators Mansfield and Fisher:

Number of Employees Signing Authorizations:
Valid "A" Cards	Number of Employees Eligible
Engine Service Employees

9

12

The National Mediation Board further finds that the Carrier and employees in this case are, respectively, a Carrier and employees within the meaning of the Railway Labor Act, as amended; that this Board has jurisdiction over the dispute involved herein; and that the interested parties, as well as the Carrier, were given due notice of the Board's investigation.

CERTIFICATION

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 certifies that the United Brotherhood of Carpenters and Joiners of America has been duly designated and authorized to represent for the purposes of the Railway Labor Act, as amended, the craft or class of Engine Service Employees, employees of the Modesto and Empire Traction Company, its successors and assigns.

By direction of the NATIONAL MEDIATION BOARD.

Stephen E. Crable

Chief of Staff