NMB File Number CR-7130 42 NMB No. 16 Findings Upon Investigation
Today the National Mediation Board (NMB) issued a determination in favor of the TWU in CASE Nos. R-7425; R-7426; R-7427; R-7428 and R-7429 (File No. CR_7130) regarding the representation election filed for by the National Association of Airline Professionals in a bid to represent members of TWU locals 541 and 542 — Simulator Technicians, Instructors and Flight Dispatchers for American Airlines and US Airways.
NAAP, led by former Local 541 president James Fudge, filed for the aforementioned representation election after locals 541 and 542 were placed under trusteeship by the TWU International on July 25, 2014 in response to local elected officers’ apparent violations of the International Constitution, federal law and their oath of office.
In its ruling, the NMB found that NAAP’s bid to represent TWU members in the aforementioned crafts and classes was tainted by former officers’ distribution of cashier’s checks (Local 541) and gift cards (Local 542) during the election organizing campaign, as these gifts served as an inducement for members to sign election authorization cards.
Therefore, the NMB has dismissed NAAP’s representation election application. As stated in the determination, “Based upon the totality of circumstances, the Board finds that NAAP’s showing of interest was tainted and dismisses its applications.”
This decision by the NMB affirms that TWU acted appropriately in placing Local 541 and Local 542 under immediate trusteeship after encountering evidence of financial misconduct by local elected officers. The NMB states that, “Going forward, the Board will continue to investigate instances where an employee receives an item of substantial value” during a representation election campaign.
The NMB has accordingly ruled that TWU remains the sole legal representative under the Railway Labor Act of American Airlines Simulator Technicians, Instructors and Flight Dispatchers.