28 NMB No. 10

October 27, 2000

Kevin C. Brodar, Esq.

Associate General Counsel

United Transportation Union

14600 Detroit Avenue

Cleveland, OH 44107

Mr. A. N. Smith

General Chairman-URSA

United Transportation Union

510 McCandles Street

Linden, NJ 07036

Mr. Lawrence J. Finnegan

Assistant Vice President-Labor Relations

Consolidated Rail Corporation

2001 Market Street, 16th Floor

Philadelphia, PA 19103

Re:	NMB File No. C-6699/Case No. R-5613

Consolidated Rail Corporation

Gentlemen:

This determination addresses requests from the United Transportation Union (UTU or Organization) and the United Railway Supervisors Association (URSA or Organization) to transfer URSA's certification in R-5613 to UTU. For the reasons discussed below, the National Mediation Board (Board) grants the requests and transfers URSA's certification in R-5613 to UTU.

URSA was certified to represent Mechanical Supervisors on Consolidated Rail Corporation (Conrail or Carrier) in Case No. R-
5613 (1986). On September 25, 2000, the Board received a letter from the UTU requesting a transfer of URSA's certification for Mechanical Supervisors to UTU.

On September 27, 2000, URSA filed a similar request. Conrail filed a letter on September 28, 2000, taking no position on the requests.

According to the letters from the Organizations and the accompanying documents, pursuant to URSA's Constitution and By-Laws, it conducted a secret ballot election among the forty- three employees in the craft or class. Twenty-three members voted to merge with UTU, four voted to "await the constitutional change of Brotherhood of Locomotive Engineers (BLE)," three voted to affiliate with National Federation of Independent Unions (NFIU)," and two voted to "remain as URSA."

The Railway Labor Act requires only that the Board investigate a transfer of certification based on a union merger rather than mandating any procedures for such an investigation. Continental Airlines, Inc., v. National Mediation Board, 793 F. Supp. 330 (D.D.C. 1991), aff'd mem., 957 F.2d 911 (D.C. Cir. 1992), cert. denied, 493 U.S. 974 (1992).

In most instances, the Board grants a transfer request based upon assertions contained in the request letters. Big Sky Transportation Company, 25 NMB 376 (1998); Desert Sun Airlines, 24 NMB 137 (1997); Northwest Airlines, 18 NMB 446 (1991); Transtar Airlines, 14 NMB 377 (1987); Brotherhood of Railway, Airline & Steamship Clerks, 13 NMB 408 (1986); Railroad Yardmasters of America, 13 NMB 6 (1985). The Board views an organization's decision to merge into another organization as an internal union matter and will grant requests for transfers of certification based on union mergers unless there is evidence of fraud or gross abuse in the merger or election. Northwest Airlines supra, at 448.

There is no evidence of fraud or gross abuse in the merger or election process. URSA's Constitution and By-laws require only that a secret ballot election be conducted. A majority of URSA's members voted by secret ballot to merge with UTU. Based on its investigation, the Board finds that URSA has merged into UTU. The Board's records are revised to reflect the transfer of the certification issued to URSA in NMB Case No. R-5613 to UTU.

By direction of the NATIONAL MEDIATION BOARD.

Stephen E. Crable

Chief of Staff

Copy to:

Mr. J.R. Cumby

John B. Rossi, Jr., Esq.