Missouri-Illinois Central Industries

National Labor Relations Board - Board Decisions

Sep 30, 1980

252 N.L.R.B. 1013 (N.L.R.B. 1980)

MISSOURI-ILLINOIS CENTRAL INDUSTRIES
Missouri-Illinois Central Industries, Limited' and
Teamsters Local Union No. 50, affiliated with
International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America,
Petitioner.2 Case 14-RC-9095
September 30, 1980
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND PENELLO
Upon a petition duly filed under Section 9(c) of
the National Laabor Relations Act, as amended, a
hearing was held before Hearing Officers Stephen
D. Smith and Robert S. Seigel. Following the
hearing, and pursuant to Section 102.67 of the Na-
tional Labor Relations Board Rules and Regula-
tions, Series 8, as amended, the case was trans-
ferred to the National Labor Relations Board for
decision.
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 au-
thority in this proceeding to a three-member panel.
The Board has reviewed the Hearing Officers'
rulings made at the hearing and finds that they are
free from prejudicial error. They are hereby af-
firmed.
Upon the entire record in the case, the Board
finds:
Missouri-Illinois Central Industries, Limited
(hereafter MICI), is a Missouri corporation en-
gaged in the business of providing freight handling
services to various common carriers engaged in in-
terstate commerce, including, but not limited to,
the Baltimore and Ohio Railroads and the Burling-
ton Northern Railroad. Each of these carriers oper-
ates between and among various States in the
United States. The parties stipulated that during
the fiscal year which ended on March 31, 1979,
i The name of the Employer appears as amended at the hearing.
2 The name of the Petitioner appears as amended at the hearing.
and which was to be considered as representative
of MICI's operations within the State of Illinois,
MICI received revenues in excess of $50,000 from
providing these services to these customers, who,
while located in the State of Illinois, in turn pro-
vided services valued in excess of $50,000 directly
to entities located outside the State of Illinois.
MICI contends that the petition should be dis-
missed because jurisdiction is properly with the
National Mediation Board under the Railway
Labor Act and that the National Labor Relations
Board therefore should not exercise jurisdiction.
The Petitioner, on the other hand, contends that
jurisdiction is properly with the National Labor
Relations Board.
Section 2(2) of the 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 Labor Act to the Employer. In reply, we
were advised by the National Mediation Board
that, based upon the record and upon subsequent
statements filed with the National Mediation
Board:
. . . Based upon the nature of the activities
performed by MICI, the relationship between
MICI and the carriers, and the degree of con-
trol exercised by the carriers, the [National
Mediation] Board is of the opinion that the ac-
tivities and employees performing such activi-
ties are subject to the Railway Labor Act.
In view of the foregoing, we shall dismiss the pe-
tition.
ORDER
It is hereby ordered that the petition in Case 14-
RC-9095 be, and it hereby is, dismissed.
252 NLRB No. 143
1013