Pacific Southwest Airlines, Inc.

National Labor Relations Board - Board Decisions

Dec 24, 1970

187 N.L.R.B. 485 (N.L.R.B. 1970)

PACIFIC SOUTHWEST AIRLINES, INC. 485
Pacific Southwest Airlines, Inc. and Pacific Southwest
Airmotive , Inc., and Transport Workers Union of
America, AFL-CIO, Air Transport Division, Peti-
tioner . Case 21-RC-11880
December 24, 1970
DECISION AND DIRECTION OF
ELECTION
BY CHAIRMAN MILLER AND MEMBERS
FANNING 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 Stuart M . Foss of the
National Labor Relations Board . Following the
hearing, the case was transferred to the Board for
decision pursuant to Section 102.67 of National
Labor Relations Board Rules and Regulations and
Statements of Procedure , Series 8, as amended.
Thereafter , the Employer , the Petitioner , and Interna-
tional Association of Machinists and Aerospace
Workers, AFL-CIO, herein called the Intervenor,
each filed a brief with the Board.
Pursuant to the provisions of Section 3(b) of the
Act, the 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:
1. Pacific Southwest Airlines, Inc., a California
corporation , is engaged in the transportation of
passengers by air within the State of California, and
its subsidiary, Pacific Southwest Airmotive , Inc., is
engaged in the repair and overhaul of Pacific
Southwest 's and other airlines' aircraft engines.
Pacific Southwest Airlines annually receives revenues
in excess of $70 million and purchases products
valued in excess of $50 ,000 from suppliers located
outside the State of California . Pacific Southwest
Airmotive annually purchases parts and materials
valued in excess of $50 ,000 directly from suppliers
located outside the State of California.
In November 1969, the Employer , over whom the
Board has asserted jurisdiction in the past ,' began
carrying mail for the United States Post Office
Department . The mail is currently being carried on 10
of the Employer 's 1,145 weekly scheduled flights and
is expected to produce $ 130,000 total annual revenue.
The Intervenor contends that Section 201 of the
Railway Labor Act prevents the Board from asserting
jurisdiction in the instant proceeding because that
section extends coverage of the Railway Labor Act to,
inter alia, ". . . every every carrier by air transporting
mail for or under contract with the United States
Government...." The Employer and the Petitioner
contend that the Board continues to have jurisdiction
over Pacific Southwest because the amount of mail it
carries is insignificant.
On July 28, 1970, the Intervenor filed an application
with the National Mediation Board under the
Railway Labor Act for an investigation of an alleged
representation dispute involving the same employees
sought by the Petitioner. The National Mediation
Board, on October 29, 1970, held, in dismissing the
application, that Pacific Southwest Airlines is an
intrastate air carrier whose "connection with inter-
state commerce is so tenuous and negligible as to
render it de minimus." Accordingly, the National
Mediation Board ruled that it does not have jurisdic-
tion of the Employer.
We find, therefore, that the Board continues to have
statutory jurisdiction of the Employer, and that it will
effectuate the policies of the Act to assertj urisdiction
herein.2
2. The labor organizations involved are labor
organizations within the meaning of the Act and each
claims to represent certain employees of the Employ-
er.
3. A question affecting commerce exists concern-
ing the representation of certain employees of the
Employer within the meaning of Section 9(c)(1) and
Section 2(6) and (7) of the Act.
4. The parties stipulated, and we find, that the
following employees constitute a unit appropriate for
purposes of collective bargaining within the meaning
of Section 9(b) of the Act:
All employees employed at the Employer's
airport bases who are engaged in the performance
of aircraft and power plant maintenance and
overhaul work, including inspectors, mechanics,
electronic mechanics, group equipment service-
men, painters, cleaners, fuelers, warehousemen,
stock clerks, stock clerk helpers, tool crib attend-
ants, stock expediters, and leadmen, but excluding
all other employees, office clerical employees,
professional employees, maintenance planners,
building service maintenance employees, guards,
watchmen, and supervisors within the meaning of
the Act.
I Pacific Southwest Airlines, 181 NLRB No 38 There, in an unrelated
unfair labor practice proceeding , the Board adopted a Trial Examiner's
finding , based on evidence adduced at a hearing held before the Employer
began carrying mail, that Pacific Southwest Airlines is an employer
engaged in commerce within the meaning of the Act
2 Air California, 170 NLRB No I
187 NLRB No. 82
486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
[Direction of Election3 4 omitted from publication.]
3 Despite its contention that the Board is barred by the Railway Labor
Act from asserting jurisdiction herein , the Intervenor has not indicated that
it would not participate in an election if the Board asserted jurisdiction
Accordingly, we shall include both the Petitioner and the Intervenor on the
ballot
4 In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them Excelsior
Underwear Inc, 156 NLRB 1236, NLRB v Wyman-Gordon Co, 394 U S
759 Accordingly, it is hereby directed that an election eligibility list,
containing the names and addresses of all the eligible voters, must be filed
by the Employer with the Regional Director for Region 21 within 7 days of
the date of this Decision and Direction of Election The Regional Director
shall make the list available to all parties to the election No extension of
time to file this list shall be granted by the Regional Director except in
extraordinary circumstances Failure to comply with this requirement shall
be grounds for setting aside the election whenever proper objections are
filed