Arkansas Airways Co.

National Labor Relations Board - Board Decisions

Dec 16, 1954

110 N.L.R.B. 1920 (N.L.R.B. 1954)

1920 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ARKANSAS AIRWAYS COMPANY, OWNER & OPERATOR ICXLR RADIO
STATION and LOCAL 1304, INTERNATIONAL BROTHERHOOD OF Ei icri I-
CAL WORKERS , AFL, PETITIONER . Case No. 32-RC-755. Decem-
ber 16, 1954
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Caso March, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.'
Upon the entire record in this case, the Board finds :
L The .Employer operates a radio station in North Little Rock,
Arkansas. At a reopened hearing, held for the purpose of securing
facts as. to. the Employer's gross volume of business, the Employer's
general manager testified that for the calendar year 1953, the Em-
ployer's gross volume of business amounted to $130,871.24. He fur-
ther testified that for the 12 months preceding the hearing, the Em-
ployer's gross volume of business amounted to $117,476.89.
The Petitioner contends that despite the fact that the Employer's
gross volume of business is less than that required for the Board to
assert jurisdiction according to the new standard for radio stations
set forth in Hanford Broadcasting Company (KNGS), 110 NLRB
1257, the Board should nevertheless assert jurisdiction. The Peti-
tioner argues that the Board's action in limiting the factors which it
will consider in determining whether to assert jurisdiction over radio
stations to the station's gross volume of business is contrary to the
clearly expressed congressional intent that the Board should assert
jurisdiction over all enterprises affecting commerce , subject only to
the doctrine de minimis, and that therefore the Board's action is
unlawful. We reject this argument for the reasons stated in the ma-
jority opinion in Breeding Transfer Company, 110 NLRB 493 2 The
Petitioner also contends that the Board should consider the opera-
tions of Arkansas Telecast, Inc., in which certain stockholders and of-
ficers of the Employer hold controlling interest, together with the
operations of the Employer, in determining whether to assert juris-
diction herein. The record shows that the application of Arkansas
Telecast, Inc., for a license to operate a television station has not yet
I As the record, in our opinion , contains sufficient probative evidence concerning the Em-
ployer's business to enable us to resolve the issue as to jurisdiction , we deny the Peti-
tioner 's request that the Employer be required to furnish for the record a certified balance
sheet showing its gross annual income.
2 Members Murdock and Peterson find merit in the Petitioner 's argument for the reasons
set forth in Member Murdock's dissenting opinion and Member Peterson's separate opin-
ion in Breeding Transfer Company, 110 NLRB 493, and in their dissenting opinions in
Hanford Broadcast -cng Company (KNGS), 110 NLRB 1257. However, they deem them-
selves bound by the majority decision in the latter case and therefore join in the dismissal
of the petition hereinafter ordered.
110 NLRB No. 229.
UNION CAB COMPANY 1921
been approved by the Federal Communications Commission, and that
its application is being opposed by one or more competing concerns.
We believe it would be premature to determine now whether the Em-
ployer and Arkansas Telecast, Inc., are so related that it is necessary
to consider both operations in determining whether it will best ef-
fectuate the policies of the Act to assert jurisdiction over the Em-
ployer. Accordingly, we reject the Petitioner's second contention.
As the Employer's gross volume of business is less than $200,000
per annum, we find that it will not effectuate the policies of the Act
to assert jurisdiction herein 3 Accordingly, we shall dismiss the peti-
tion filed herein.
[The Board dismissed the petition.]
8 Hanford Broadcasting Company (KNCS), supra.
UNION CAB COMPANY AND RADIO CAB COMPANY AND YELLOW CAB COM-
PANY1 INC . and LOCAL 959, INTERNATIONAL BROTHERHOOD or TEAM-
STERS , CHAUFFEURS,, WAREHOUSEMEN' AND HELPERS OF AMERICA,
AFL, PETITIONER . Cases Nos. 19-RC-1457, 19-RC-1458, and
19-RC-1459. December 16, 1954
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a consolidated hearing was held in these cases before
Oliver E. Kearns, hearing officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and hereby are affirmed.
Upon the entire record in these cases, the Board finds :
The Business of the Employer
The 3 Employers are in the taxicab business in Anchorage, Alaska.
The Petitioner is seeking 3 separate units composed, respectively; of
each Employer's taxicab drivers and dispatchers. The business of
the Employers is as follows :
A. Union Cab Co.: This company operates 30 pieces of equipment.
Its annual gross business is $250,000. Its annual purchases ("gas, oil,
everything") are $100,000. Thirty-three percent of its purchases is
received directly from outside the Territory; the balance is purchased
locally but also originates outside the Territory. It has a contract
with the company that carries passengers between the International
Airport and the city of Anchorage, to handle overflow business during
peak periods.
110 NLRB No. 259.
338207-55-vol. 110-122