Panorama Air Tour, Inc.

National Labor Relations Board - Board Decisions

Jun 8, 1973

204 N.L.R.B. 45 (N.L.R.B. 1973)

PANORAMA AIR TOUR
Panorama Air Tour, Inc. and Hawaii Pilots Associa-
tion, Petitioner. Case 37-RC-1813
June 8, 1973
DECISION AND DIRECTION OF ELECTION
BY MEMBERS JENKINS , KENNEDY , AND PENELLO
Upon a petition duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a hearing
was held before Hearing Officer Dennis R. MacCar-
thy. Following the hearing, the case was transferred to
the National Labor Relations Board in Washington,
D.C., for decision pursuant to Section 102.67 of the
National Labor Relations Board Rules and Regula-
tions and Statements of Procedure, Series 8, as
amended. Thereafter, the Employer filed a brief.
Pursuant to the provisions of Section 8(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 Officer's rul-
ings made at the hearing and finds that they are free
from prejudicial error. They are hereby affirmed.
Upon the entire record in the case,' the Board
finds:
1. The Employer is a Hawaii corporation and
maintains its principal place of business in Honolulu.
It is engaged in the transportation of passengers by
airplane solely within the Hawaiian islands. During
the year 1972, the Employer received gross revenue in
excess of $500,000. During the same period, it pur-
chased materials and supplies valued in excess of
$50,000 which was shipped to the Employer from
points outside the State of Hawaii. The Employer has
been certified as an air taxi/commercial operator by
the Federal Aviation Administration of the U.S. De-
partment of Transportation.
The Employer moved to dismiss the petition on the
ground that it is a common carrier by air engaged in
interstate commerce within the meaning of the Rail-
way Labor Act,' and therefore this Board is without
jurisdiction. Because of the nature of the issue pre-
1 Subsequent to the hearing herein , the Employer and the Petitioner en-
tered into a stipulation containing certain commerce data.
2 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
11... of such carrier... .
45
sented, we requested, as we have in other cases,' the
National Mediation Board (the agency primarily vest-
ed with jurisdiction over air carriers under the Rail-
way Labor Act) to study the record in this case and
determine the applicability of the Railway Labor Act
to this Employer. We have been administratively ad-
vised by the National Mediation Board that:
The NMB has reviewed the transcript, exhibits
and brief submitted in your case 37-RC-1813
and has concluded that Panorama Air Tour en-
gages solely in intrastate air transportation and
thus does not meet the statutory definition in
Section 201, Title II of the Railway Labor Act.
In view of the conclusion of the National Media-
tion Board, this Board may assert jurisdiction over the
Employer if its operations satisfy this Board's jurisdic-
tional standards 4 It is apparent that the Employer's
annual out-of-state purchases in excess of $50,000 es-
tablishes legal jurisdiction; and its annual gross reve-
nue of $500,000 satisfies the relevant standard for the
assertion of jurisdiction over passenger transit sys-
tems.5 Accordingly, we hereby deny the motion to
dismiss the petition and find that the Employer is
engaged in commerce within the meaning of the Act
and that it will effectuate the policies of the Act to
assert jurisdiction herein.
2. The Petitioner is a labor organization within the
meaning of the Act and claims to represent certain
employees of the Employer.
3. A question affecting commerce exists concern-
ing the representation of 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 fol-
lowing employees constitute a unit appropriate for
purposes of collective bargaining within the meaning
of Section 9(b) of the Act:
All employees of the Employer employed as pi-
lots in the State of Hawaii, excluding mechanics,
office clerical employees, professional employ-
ees, confidential employees, guards and/or
watchmen, and supervisors as defined in the Act.
[Direction of Election and Excelsior footnote omit-
ted from publication.]
3 See Lynch Flying Service, Inc, 166 NLRB 961, Voyager 1000, a Corpora-
tion, 202 NLRB No 132
4Air California, 170 NLRB 18
5 Air California, supra, Charleston Transit Company, 123 NLRB 1296.
204 NLRB No. 22