The International Association of Machinists filed a petition with the National Mediation Board calling for a Board investigation of a representation dispute among certain employees of British Airways. After eight days of hearings, the NMB found that among the employees in question, a craft or class of office-clerical employees existed that was distinct from a craft or class of fleet and passenger employees. Although the Machinists wanted to represent both classes of employees, the Board ruled they did not have sufficient support among the office class. The Board did rule that the fleet and passenger employees at British Airways were involved in a representation dispute and that they were entitled to an election. The Machinists were subsequently certified as the representatives of the fleet and passenger class.
The employer brought an action in U.S. district court alleging that the NMB improperly designated the fleet and passenger employees as a class or craft under the RLA because the NMB ignored evidence offered by British Airways that would have prevented this determination. The union claimed that the court should not have scrutinized the NMB process of determining a craft or class of employees under the RLA and sought to dismiss the action.
What factors must the NMB consider in determining classes or crafts under the Act? May the court overrule the NMB’s determination of a class or craft of employees for representation purposes under the RLA in this case? Decide. [British Airways Board v. NMB, 109 LRRM 2527 (E.D.N.Y.)]