[The hearing will commence at 10:00 a.m. EDT, on Tuesday, July 6, 1999, at the Board’s offices and conclude not later than the close of business on July 9, 1999 (or if necessary, will continue until the close of business on July 12, 1999). All other dates set forth in the Notice of Hearing are unchanged. Therefore, principal briefs may be filed no later than 4:00 p.m. EDT, Monday, August 2, 1999, and reply briefs may be filed no later than 4:00 p.m. EDT, Monday, August 9, 1999. However, no extensions of time will be granted to any participant.]
UNITED TRANSPORTATION UNION
alleging a representation dispute pursuant to Section 2, Ninth, of the Railway Labor Act, as amended
involving employees of
UNION PACIFIC RAILROAD COMPANY
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26 NMB No. 54
FILE NO. CR- 6624
NOTICE OF HEARING
MAY 18, 1999 |
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On May 11, 1999, the United Transportation Union (UTU) requested that the National Mediation Board (NMB or Board) reactivate this proceeding. The UTU previously had requested that this matter be held "in abeyance" pending the potential affiliation between the UTU and the Brotherhood of Locomotive Engineers (BLE).
Based on the request by the applicant to reactivate this proceeding, the NMB’s duty to investigate pursuant to Section 2, Ninth, of the Railway Labor Act, 45 U.S.C. § 152, Ninth, is no longer held in abeyance. Accordingly, the investigation shall proceed as specified by this Notice of Hearing.
I.
The UTU filed an application on January 12, 1998, requesting the investigation of an alleged representation dispute involving personnel described as "Train and Engine Service Employees" of the Union Pacific Railroad Company. That application was assigned NMB File No. CR-6624. The employees in question are represented, in part, by the UTU and the BLE.
On January 27, 1998, the UTU submitted a letter seeking to invoke the Board’s Procedures for Handling Representation Issues Resulting from Mergers, Acquisitions or Consolidations in the Railroad Industry (Railroad Merger Procedures), 17 NMB 44 (1989).
On January 30, 1998, Senior Hearing Officer Roland Watkins conducted a pre-docketing investigatory conference with the participants.
II.
Issues have previously arisen concerning whether "Train and Engine Service Employees" is the proper craft or class at this Carrier and whether the UTU has properly invoked the Board’s Railroad Merger Procedures.
NOTICE is given that a hearing will be held before Senior Hearing Officer Benetta M. Mansfield at the Board’s Offices in Washington, DC, on the two issues in the preceding paragraph only.
The Senior Hearing Officer will be guided in part by the criteria listed in Section 5.1 of the NMB Representation Manual and relevant NMB decisions in conducting the investigation on the proper craft or class.
III.
All participants are requested to notify Senior Hearing Officer Mansfield in writing no later than
4 p.m., EDT, on Friday, June 18, 1999, of the names of the individuals who will be attending the hearing, either as counsel or witnesses.
A pre-hearing conference will be held commencing at 10 a.m., EDT, on Tuesday, June 22, 1999, at the Board’s offices located at 1301 K Street, NW, Suite 250 East, Washington, DC. At the pre-hearing conference, any participant providing oral testimony must submit the name of each witness and a summary of his or her anticipated testimony. Any exhibits that will be introduced through the witness must accompany the summary witness statement. Pursuant to Section 1.302 of the NMB Representation Manual, these submissions must comply with all the simultaneous service requirements.
IV.
The hearing will commence at 10 a.m., EDT, on Monday, July 12, 1999, at the Board’s offices and conclude not later than the close of business on Friday, July 16, 1999. Attendance at the hearing is limited to representatives and witnesses of the UTU, BLE, and the Carrier, as well as designated NMB employees.
The order for the presentation of testimony during the hearing is as follows:
1. UTU
2. BLE
3. Union Pacific
4. Rebuttal by the labor organizations
5. Rebuttal by the Union Pacific
At the hearing, the witnesses will be made available for direct and cross-examination. All participants are informed that, if necessary, the Senior Hearing Officer will limit the amount of time for questioning of any witness in the interest of providing "for the proper and expeditious conduct of this proceeding" and make other procedural and evidentiary rulings as necessary.
V.
Principal briefs may be filed no later than 4 p.m., EDT, Monday, August 2, 1999. Reply briefs may be filed no later than 4 p.m., EDT, Monday, August 9, 1999.
All participants, individuals, and organizations hereby are notified that any inquiries and submissions, whether written or oral, concerning the above-noted application and this Notice must be directed to Senior Hearing Officer Mansfield, National Mediation Board, Washington, DC 20572.
The Senior Hearing Officer is delegated the authority to provide for the proper and expeditious conduct of this proceeding.
By direction of the NATIONAL MEDIATION BOARD.
Stephen E. Crable
Chief of Staff
Copies to:
Clinton J. Miller III, Esq.
George H. Cohen, Esq.
Harold Ross, Esq.
Brenda J. Council, Esq.
Ralph J. Moore, Esq.