In the Matter of the

REPRESENTATION OF EMPLOYEES

of

NORTHERN VERMONT RAILROAD

Engineers

28 NMB No. 24

CASE NO. R-6792

(File No. CR-6698)

DISMISSAL-

WITHDRAWN DURING

INVESTIGATION

December 1, 2000

The services of the National Mediation Board (NMB) were invoked by the Brotherhood of Maintenance of Way Employes (BMWE) on September 18, 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 "Engineers," employees of the Northern Vermont Railroad (Northern Vermont or Carrier). The BMWE application also invoked the services of the NMB to investigate and determine representation rights as to "Maintenance of Way," "Mechanical," "Trainmen," and "Signal" employees of the Carrier.

At the time this application was received, these employees were represented by the United Transportation Union (UTU).

The Board assigned Investigator Sean J. Rogers to investigate.

On October 24, 2000, Paul Swanson, Director of Organizing, BMWE, requested to withdraw the organization's application for Engineers. Since the BMWE application had been filed by Mac A. Fleming, President, BMWE, Swanson's withdrawal could not be accepted by the NMB. However, on October 25, 2000, Fleming filed a letter with the NMB stating, "I concur with Swanson's letter that the BMWE is withdrawing [its] application for representation of the Engineers . . . in the above referenced case."

On the basis of the BMWE submissions, the Engineers portion of the application in NMB File No. CR-6698 is converted to NMB Case No. R-6792 and the Board hereby dismisses and closes its file in this matter.

The investigation of the BMWE application as to "Maintenance of Way," "Mechanical," and "Signal" employees of the Carrier continues.

By direction of the NATIONAL MEDIATION BOARD.

Stephen E. Crable

Chief of Staff