International Aviation Services of New York, Inc.

National Labor Relations Board - Board Decisions

Mar 18, 1971

189 N.L.R.B. 75 (N.L.R.B. 1971)

INTERNATIONAL AVIATION SERVICES 75
International Aviation Services of New York , Inc. and
Teamsters and Chauffeurs Union , Local 456,
affiliated with International Brotherhood of Team-
sters, Chauffeurs , Warehousemen and Helpers of
America. Case 2-RC-15440
March 18, 1971
DECISION AND ORDER
BY MEMBERS FANNING, BROWN , AND JENKINS
Upon a petition duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a hearing
was held before Hearing Officer Herz] S. Eisenstadt.
Thereafter, the Employer filed a brief with the Board.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case 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 hereby affirmed.
Upon the entire record in this case, the Board finds:
The Employer, a New York corporation, is engaged
in the operation, servicing, and storage of aircraft at
Westchester County Airport, White Plains, New
York. The Petitioner seeks to represent a unit of
linemen and drivers employed by the Employer in its
aircraft servicing operations. The Employer contends
that it is a common carrier by air engaged in interstate
and foreign commerce within the meaning of the
Railway Labor, Act,l that its operations and employ-
ees are covered by the provisions of that act, and that
this Board is therefore withoutjurisdiction.2
At the present time, the Employer owns or leases 23
aircraft of different sizes and types which are used to
provide passenger and cargo services to customers
and flight training and instructions to new and
advanced students. The Employer currently holds a
certificate from the Federal Aviation Administration
which permits it to make commercial flights in aircraft
not exceeding 12,500 pounds in gross weight. All of
the Employer's aircraft are covered under this
certificate, except an eight seat turbo jet which the
Employer is presently attempting to qualify under
I Title 11 of the Railway Labor Act extends the coverage of that act to
"every common carrier by air engaged in interstate or foreign commerce
... and every air pilot or other person who performs any work as an
employee ... of such carrier... .
Federal Aviation Administration regulations. In
addition, the Employer also holds a similar certificate
from the Canadian Department of Transportation.
Operating under these certificates, the Employer
makes flights to Canada, Mexico, points in the
Caribbean, and to various States in the United States.
The Employer operates its flights on a nonsche-
duled charter basis and its fees are not subject to
regulatory tariffs and planeload rates. It transports
persons and high priority shipments of cargo on other
than established air routes and accepts as customers
any and all individuals and companies who respond
to its advertisements and other solicitations and who
agree to pay its charges. In the past year, the gross
revenue for the Employer's total operations was
approximately 2.8 million dollars, 25 percent of which
was derived from its commercial flight services. Also
during this same period, the Employer carried 3,500
passengers and an undetermined amount of cargo in
870 interstate flights, 10 percent of which were outside
the United States.
Because of the nature of the jurisdictional question
presented here, we have, as in other cases in the past,3
requested the National Mediation Board to study the
record in this case and determine the applicability of
the Railway Labor Act to the Employer. In the
present case, we are administratively advised by the
National Mediation Board that:
The National Mediation Board has carefully
reviewed and considered all of the materials
transmitted. Based on this record the National
Mediation Board is of the opinion that Interna-
tional Aviation Services of New York, Inc. meets
the definition of common carrier by air as set forth
in Section 201, Title II of the Railway Labor Act;
consequently there is sufficient basis for this Board
to exercise jurisdiction over the employer and its
employees.
In view of the foregoing, we shall dismiss the
petition in its entirety.
ORDER
It is hereby ordered that the petition in Case
2-RC-15440 be, and it hereby is, dismissed in its
entirety.
2 The Employer also attacks the appropriateness of the unit sought by
the Petitioner on the ground that it fails to include servicemen.
3 Lynch Flying Service, Inc., 166 NLRB 961; Tri-State Aero, Inc., 180
NLRB No. 9.
189 NLRB No. 15