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Old 04-01-2014 | 09:34 AM
  #13  
zoooropa
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Originally Posted by OlderGuy
Is it possible to have a reference concerning this NMB decision? I can't seem to find any information about it. Thanks.
FAPA's application was CR-7107. Now that the NMB has decided a new system does in fact exist they have converted it to case number R-7381.

Here are some gems from the NMB's findings...

"Here, the IBT argues that Frontier violated Section 2, Ninth, by refusing to bargain over terms covered by the commercial agreement it had entered into with FAPA prior to the representation election. IBT filed a lawsuit in the United States District Court for the District of Colorado against Frontier, RAH, and FAPAInvest, LLC, on the issue of whether there was a violation of Section 2, Ninth. International Brotherhood of Teamsters, Airline Division v. Frontier Airlines, Inc., et al, Case No. 11-cv-2007 (D. Colo.). The Court has not issued a final decision in the matter.
The Board does not have jurisdiction to “evaluate” whether Frontier treated with the IBT as the certified representative as required under Section 2, Ninth. See Section 2, Ninth; Virgin Atlantic Airways, 21 NMB 183, 196 (1994).
That is a matter currently being adjudicated in federal court. As there has been no “definitive finding” of the federal court, the Board cannot appropriately apply the certification bar. Id.
Further, the language of the certification bar specifically states that it bars applications covering “the same craft or class of employees on the same carrier.” 29 C.F.R. § 1206.4. Here, the application is covering the Pilots on Frontier, rather than the Pilots on Republic Airlines, et al./Frontier."

and...

"The IBT argues that FAPA’s application must be dismissed because it has not provided a majority showing of interest among all the Pilots at RA, Shuttle, Chautauqua, and Frontier. The IBT is incorrect in its interpretation of Section 2, Twelfth, which now requires a showing of interest from not less than 50 percent of the employees in the applied-for craft or class for all applications. 45 U.S.C. § 152, Twelfth."

and the best part...

"The Board finds that Frontier is operating as a single transportation system for the craft or class of Pilots for representation purposes under the RLA."
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