In the Matter of the

REPRESENTATION OF EMPLOYEES

of

WHEELING AND LAKE ERIE RAILWAY

Clerks

28 NMB No. 60

CASE NO. R-6807

CERTIFICATION

March 23, 2001

The services of the National Mediation Board were invoked by the Customer Service/Crew Dispatcher Steering Committee (CSCDSC) on December 12, 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 "Clerks," employees of the Wheeling and Lake Erie Railway.

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

The Board assigned Investigators Mary L. Johnson and Susanna Fisher to investigate.

FINDINGS

The investigation disclosed that a dispute existed among the craft or class of Clerks, and by direction of the Board, the Investigators were instructed to conduct an election by secret ballot to determine the employees' representation choice.

The following is the result of the election as reported by Investigator Johnson who was assigned to count the ballots in this case.

Number of Employees Voting:

CSCDSC

UTU	Number of Employees Eligible
Clerks	7	9	17

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 Transportation Union has been duly designated and authorized to represent for the purposes of the Railway Labor Act, as amended, the craft or class of Clerks, employees of the Wheeling and Lake Erie Railway, its successors and assigns.

By direction of the NATIONAL MEDIATION BOARD.

Stephen E. Crable

Chief of Staff