Sky Cap, Inc.

National Labor Relations Board - Board Decisions

Sep 30, 1986

281 N.L.R.B. 861 (N.L.R.B. 1986)

SKY CAP,- INC. , 861
Sky Cap, Inc. and Brotherhood of Railway , Airline
and Steamship Clerks, Freight Handlers, Ex-
press and Station Employees , AFL-CIO-CLC,
Petitioner. Case 7-RC-17940
30 September 1986
DECISION AND ORDER
BY MEMBERS JOHANSEN, BABSON, AND
STEPHENS
On a petition duly filed under Section 9(c) of the
National Labor Relations Act, a hearing was held
before Hearing Officer Dwight R. Kirbsey. Fol-
lowing the hearing, and pursuant to Section 102.67
of the National Labor Relations Board Rules and
Regulations, the case was transferred to the Na-
tional Labor Relations Board for decision.
The National Labor Relations Board has delegat-
ed its authority in this proceeding 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 affirmed.
On the entire record in the case, the Board finds:
Sky Cap, Inc. is a Michigan corporation engaged
in the business of providing passenger baggage han-
dling services under contract with eight airlines at
Detroit Metropolitan Airport. During the calendar
year 1985, Sky Cap, Inc. received gross revenues
in excess of $250,000 from providing these services,
and during this same period Sky Cap provided
services valued in excess of $50,000 to entities en-
gaged in interstate commerce.
Sky Cap contends that jurisdiction over its oper-
ations should be with the National Mediation
Board under the Railway Labor Act. The Petition-
er, on the other hand, contends -that jurisdiction is
properly with the National Labor Relations Board.
Section 2(2) of the National Labor Relations Act
provides in pertinent part that the term "employer"
as used in the National Labor Relations Act should
exclude 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 Sky Cap. In reply we were
advised by the National Mediation Board that it
had concluded as follows:
Based upon the nature of the activities per-
formed by Sky Cap and the other airlines, and
the degree of control exercised by these air-
lines, the Board is of the opinion that the ac-
tivities and the employees performing such ac-
tivities are subject to the Railway Labor Act.'
In view of the foregoing, we shall dismiss the in-
stant petition.
ORDER
It is ordered that the petition in Case 7-RC-
17940 is dismissed.
1 Sky Cap, Inc., 13'NMB 292 (1986)
281 NLRB No. 116