Lynch Flying Service, Inc.

National Labor Relations Board - Board Decisions

Aug 1, 1967

166 N.L.R.B. 961 (N.L.R.B. 1967)

LYNCH FLYING SERVICE , INC. 961
Lynch Flying Service , Inc. and International
Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America, Local
Union No. 190, Independent , Petitioner. Case
19-RC-4499
August 1, 1967
DECISION AND ORDER
BY MEMBERS FANNING, JENKINS, AND ZAGORIA
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, a hearing was
held before Dale L. Bennett, 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 in this case, the Board
finds:
The Employer, Lynch Flying Service, Inc., is a
Montana corporation with its principal place of
business in Billings, Montana. The Employer is en-
gaged in a diversified business which includes: the
sale of aircraft; service, repair, and rebuilding of air-
craft; unscheduled flights of freight and passengers;
and the operation of a flight traning school. Under
a certificate issued by the Federal Aviation Agency
which authorizes it to engage in air-taxi commercial
operations and a similar license issued by the Air
Transport Board of Canada, it flies passengers and
freight on an unscheduled basis between points in
the continental United States and Canada.
The Employer does in excess of $800,000 busi-
ness annually, about 20 percent of which represents
revenue from air-taxi and freight services. The du-
ties of the line servicemen sought by the Petitioner
includes work in connection with such air-taxi and
freight services. The Employer moves for dismissal
of the petition on the ground that it is a common
carrier by air engaged in interstate commerce within
the meaning of the Railway Labor Act,' that its
operations and employees are covered by the provi-
sions of that Act, and that this Board is therefore
without jurisdiction.
Because of the nature of the question presented
here, we requested, as we have in other cases in the
past,2 the National Mediation Board (as the agency
primarily vested with jurisdiction, under the Rail-
way Labor Act, over air carriers, and having pri-
mary authority to determine its own jurisdiction) to
study the record in this case and determine the ap-
plicability of the Railway Labor Act to the Em-
ployer. We are administratively advised by the Na-
tional Mediation Board, under date of June 23,
1967, that:
This Board had determined that in light of
the Flying Service's participation in freight and
passenger interstate commerce, said Flying
Service is subject to the provisions of Title II,
Section 201 of the Railway Labor Act as a
common carrier by air.
The National Mediation Board presently had
before it an application filed on May 23, 1967,
by the International Brotherhood of Teamsters
covering a group of employees of Lynch Flying
Service, Inc., designated as line servicemen.
The Board will proceed to process that appli-
cation to a conclusion.
In view of the foregoing, we shall dismiss the
petition in its entirety.
ORDER
It is hereby ordered that the petition in Case
19-RC-4499 be, and it hereby is, dismissed in its
entirety.
' Title III 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 air pilot or other person who performs any work as
an employee .. of such carrier. . .
2 Wings & Wheels, Inc, 139 NLRB 578; Bradley Flying Service, Inc.,
131 NLRB 437; Interior Enterprises, Inc., 122 NLRB 1538; PanAmer-
ican WorldAirways, 115 NLRB 493
166 NLRB No. 118