International Air Service, Inc. of San Juan, Puerto Rico

National Labor Relations Board - Board Decisions

Jun 19, 1967

165 N.L.R.B. 584 (N.L.R.B. 1967)

584 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Air Service, Inc. of San Juan,
Puerto Rico and Union De Trabajadores
Industriales De Puerto Rico and The
International Association of Machinists and
Aerospace Workers. Case AO-103.
June 19,1967
ORDER DISMISSING PETITION FOR
ADVISORY OPINION
On May 15, 1967, Union de Trabajadores
Industriales de Puerto Rico, herein called the
Petitioner, filed a petition pursuant to Sections
102.98 and 102.99 of the National Labor Relations
Board's. Rules and Regulations, Series 8, as
amended, requesting an Advisory Opinion as to
whether the Board has jurisdiction over
International Air Service, Inc. of San Juan, Puerto
Rico, herein called the Employer. The International
Association of Machinists and Aerospace Workers,
herein called the Union, filed representation
petitions with the Board (Case 24-RC-3059) and
with the National Mediation Board for the
certification of representative for employees of the
employer currently represented by the Petitioner.
No response to the instant petition, as provided by
the Board's Rules and Regulations, has been filed by
the Employer or the Union.
The Board has duly considered the allegations of
the petition. The Board's Advisory Opinion
proceedings "are designed primarily to determine
questions of jurisdiction by application of the
Board's discretionary standards to the `commerce'
operations of an employer."' Although the petition
details commerce data allegedly pertinent to the
Board's discretionary standards, the basic issue
presented herein is whether the Employer is an
"employer" within the meaning of Section 2(2) of the
Act or excluded therefrom as "any person subject to
the Railway Labor Act." As this issue does not fall
within the intendment of the Board's Advisory
Opinion rules, we shall dismiss the petition herein.'
Accordingly, it is hereby ordered that, for the
reasons set forth above, the Petition for an Advisory
Opinion herein be, and it hereby is, dismissed.
' Upper Lakes Shipping, Ltd., 138 NLRB 221, Mayo Clinic, 165
NLRB No. 29; Mt. Pleasant Public Utilities , 156 NLRB 79.
Y Ibid.
165 NLRB No. 65