Flight Safety, Inc.

National Labor Relations Board - Board Decisions

May 1, 1968

171 N.L.R.B. 146 (N.L.R.B. 1968)

146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Flight Safety , Inc. and Teamsters Automotive Em-
ployees ' Union, Local 78 , International Brother-
hood of Teamsters , Chauffeurs, Warehousemen &
Helpers of America , Petitioner. Case
20-RC-7870
May 1, 1968
DECISION AND DIRECTION OF ELECTION
BY MEMBERS FANNING, JENKINS, AND ZAGORIA
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held before Burton I. Meyer, Hearing
Officer. The Hearing Officer's rulings made at the
hearing are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its
powers in connection with this case to a three-
member panel.
Upon the entire record, including the brief filed
by the Employer, the Board finds:
1. The Employer, Flight Safety, Inc., is a New
York corporation with its principal office in New
York, New York. It has 10 locations throughout the
United States, including 1 at Hayward, California,
at which the Petitioner seeks to represent all em-
ployees engaged in fueling operations. The Em-
ployer trains pilots and flight engineers, maintains
and services aircraft, fuels aircraft, and operates an
air taxi service whereby it carries passengers and
freight between States under charter flight arrange-
ments . Its training school, repair stations, and air
taxi service are operated pursuant to FAA cer-
tificates and regulations. At the time of the hearing,
however, the Employer had rendered no air taxi
services out of the Hayward location. The Em-
ployer also concedes that its revenue from such air
taxi services throughout its system is "minimal."
The parties stipulated that the Employer does in
excess of $500,000 gross business annually and that
it derives more than $50,000 of its annual gross
business from services performed for a number of
major airlines.
The Employer urges dismissal of the petition on
the ground that it is a common carrier by air en-
gaged in interstate commerce within the meaning of
the Railway Labor Act,' that its operations and em-
ployees are covered by the provisions of that Act,
and that this Board is therefore without jurisdiction.
Specifically, the Employer points to its air taxi
operation, and its contracts with agencies of the
Federal Government, including National Aeronau-
tics and Space Administration, and with a number
of major airlines to train pilots. We find no merit in
the Employer's contention. Its air taxi operation, as
noted above, is concededly de minimis. Its contracts
with Federal agencies do not require the transpor-
tation of mail for the U.S. Government. Finally, the
business of training pilots for airlines, without
more, is too far removed from interstate air trans-
port to make the Employer a "common carrier by
air."
Because of the nature of the question presented
here, we have in this case, as in other cases in the
past,2 requested the National Mediation Board as
the agency primarily vested with jurisdiction, under
the Railway Labor Act, over air carriers and having
primary authority to determine its own jurisdiction,
to study the record in this case and determine the
applicability of the Railway Labor Act to the Em-
ployer. We are administratively advised by the Na-
tional Mediation Board, under date of March 15,
1968, that: "Based on the entire record, the Na-
tional Mediation Board is of the opinion that Flight
Safety, Inc. does not meet the definition of com-
mon carrier by air as set forth in Section 201, Title
II of the Railway Labor Act; consequently there is
no basis for this Board to exercise jurisdiction over
the employer or its employees."
Accordingly, we find that the Employer is en-
gaged in commerce within the meaning of the Act
and that it will effectuate the policies of the Act to
assert jurisdiction herein. We, therefore, assert ju-
risdiction herein.
2. The labor organization involved claims to
represent certain employees of the Employer.
3. A question affecting commerce exists con-
cerning the representation of certain employees of
the Employer within the meaning of Section
9(c)(1) and Section 2(6)and (7) of the Act.
4. The parties stipulated, and we find, that the
following employees of the Employer constitute a
unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9(b) of the
Act:
Title 11 of the Railway Labor Act extends the coverage of that Act to
every common carrier by air engaged in interstate or foreign com-
merce, and every carrier by air transporting mail for or under contract
with the United States Government , and every air pilot or other person
who performs any work as an employee or subordinate official of such
carrier or carriers. . " (45 USC Sec. 151, et seq., Sec. 181.)
' Lynch Flying Service, Inc , 166 NLRB 961; Wings & Wheels, Inc , 139
NLRB 578, Bradley Flying Service, Inc., 131 NLRB 437.
171 NLRB No. 30
FLIGHT SAFETY, INC. 147
All employees engaged in the fueling opera-
tions at the Employer's place of business at the
Hayward Airport, Hayward, California; but ex-
cluding all other employees, guards , and super-
visiors , as defined in the Act.
[Direction of Election3 omitted from publication.]
I In order to assure that all eligible voters may have the opportunity to be
informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their ad-
dresses which may be used to communicate with them. Excelsior Un-
dernwear Inc, 156 NLRB 1236; N.L.R.B. v. Wyman-Gordon Co, 394 U.S
759. Accordingly, it is hereby directed that an election eligibility list, con-
taining the names and addresses of all the eligible voters, must be filed by
the Employer with the Regional Director for Region 20 within 7 days of the
date of this Decision and Direction of Election The Regional Director shall
make the list available to all parties to the election . No extension of time to
file this list shall be granted by the Regional Director except in extraordi-
nary circumstances Failure to comply with this requirement shall be
grounds for setting aside the election whenever proper objections are
filed.
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