Ground Handling, Inc.

National Labor Relations Board - Board Decisions

Mar 12, 1986

278 N.L.R.B. 946 (N.L.R.B. 1986)

946 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Ground Handling, Inc. and International Brother-
hood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America , Airline Division, Local
732, Petitioner ." Case 2-RC-20034
12 March 1986
DECISION AND ORDER
BY MEMBERS DENNIS , BABSON, AND
STEPHENS
On a petition duly filed under Section 9 (c) of the
National Labor Relations Act, a hearing was held
before Hearing Officer Eric Brooks . Following the
hearing , and pursuant to Section 102.67 of the Na-
tional Labor Relations Board Rules and Regula-
tions, the case was transferred to the National
Labor Relations Board for decision.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
The Board has reviewed the hearing officer's
rulings made at the hearing and finds that they are
free from prejudicial error. They are affirmed.
On the entire record in the case , the Board finds:
Ground Handling, Inc. (GHI) is a New York
corporation engaged in the business of providing
ground fleet service, through contract with the
New York county of Westchester, for air carriers
such as United Air Lines , Republic , Piedmont,
New York Air, and Midway, at the Westchester
Airport. The record adduces that GHI's revenues
from the county of Westchester, if projected on an
annual basis, would exceed $500,000, with these
monies in turn being received by the county from
these airlines for payment for these services.
GHI takes the position that jurisdiction is not
vested with the National Labor Relations Board.
The Petitioner, on the other hand , contends that
the National Labor Relations Board should assert
jurisdiction in this case.
Section 2(2) of the National Labor Relations Act
provides in pertinent part that the term "employer"
as used in the National Labor Relations Act should
not include any person subject to the Railway
Labor Act.
Accordingly , because of the nature of the juris-
dictional question presented here , we requested the
National Mediation Board to study the record in
this case and to determine the applicability of the
Railway Act to GHI. In reply, we were advised by
the National Mediation Board that the board had
concluded that:
Based upon the nature of the activities per-
formed by GHI which are traditionally per-
formed by employees of carriers in the airline
industry and the degree of control exercised
by the airlines which GHI serves, the Board is
of the opinion that the activities and the em-
ployees performing such activities are subject
to the Railway Labor Act-'
In view of the foregoing , we shall dismiss the in-
stant petition.
ORDER
It is ordered that the petition in Case 2-RC-
20034 be dismissed.
' The name of the Petitioner appears as amended at the hearing. 2 Ground Handling, Inc., 13 NMB 116 (1986).
278 NLRB No. 142