Sunshine

National Labor Relations Board - Board Decisions

Jul 3, 1979

243 N.L.R.B. 316 (N.L.R.B. 1979)

DEC('ISIONS OF NATIONAL L.ABOR RELATIONS BOARD
Air Florida-Sunshine Subsidiary, Inc., d/b/a Air Sun-
shine. Employer-Petitioner and The Union of Pro-
fessional Airmen, affiliated with Airline Pilots Asso-
ciation, International, AFL-CIO. Case 12 RM 300
July 3. 1979
DECISION AND ORDER
BY CHAIRMAN FANNING AND MI MBERS PNEIOI.()
AND TRUESDAIE
Upon a petition duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a hearing
was held before Hearing Officer Dolores M. Peer.
The Regional Director for Region 12 then trans-
ferred the case to the Board for decision. Thereafter.
the Union and the Employer filed briefs.
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 rulings made by the
Hearing Officer 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
makes the following findings:
Prior to December 1, 1978, Air Sunshine was
owned by a corporation known as A.A.T. Airlines,
Inc., d/b/a Air Sunshine (A.A.T.). While under the
ownership of A.A.T., the National Mediation Board
asserted jurisdiction and on May 5, 1978, conducted
an election among the pilots. On May 11, 1978, the
National Mediation Board certified the Union as the
representative, for purposes of the Railway Labor
Act, of the craft or class of pilots employed by
A.A.T., its successors, and assigns.
On or about December 1, 1978, Air Florida-Sun-
shine Subsidiary, Inc., d/b/a Air Sunshine (the Em-
ployer) commenced operations as a newly formed
corporation under the ownership of Air Florida, Inc.
Sometime between that date and January 5, 1979, the
Employer informed the Union that, because of the
recent change in ownership, it would not recognize or
bargain with the Union.
The record reveals that the Employer transports
United States mail once a day, 6 days per week, on its
planes. A.A.T. had been under contract to carry mail,
and the Employer testified that after the change in
ownership it discontinued its Civil Aeronautics Board
registration which authorized it to carry mail. The
Employer contends that Air Florida, Inc., holds the
permit to carry the mail and that, until the problem
can be cleared up, the Employer will continue to
transport the mail to avoid the imposition of any
fines. The record also reveals that A.A.T. flew a num-
ber of charters to the Bahamas and that the Employer
now operates regularly scheduled once-a-day flights
from Florida to the Bahamas. The Employer testified
that the Bahamas flights account for a very small per-
centage of its revenue and that these flights are actu-
ally Air Florida, Inc., flights which the Employer is
reimbursed for on a wet-lease-type basis. The record
further reveals that A.A.T. had interline agreements
with other carriers. The Employer stipulated that
there is interlining between itself and other airlines.
It is the Employer's position that the National La-
bor Relations Board has jurisdiction over the parties
in the instant case because the Employer is a separate
corporate entity which no longer carries United
States mail and is not an interstate carrier. The Union
contends that the Employer's petition should be dis-
missed because the Employer comes within the pur-
view of the Railway Labor Act due to the fact that it
operates flights outside the State of Florida, carries
United States mail, and has interline agreements. The
Union also contends that the National Mediation
Board has already asserted jurisdiction over the em-
ployees involved in the instant case and that the new
corporate entity is almost identical to the previous
entity in terms of its operations.
Accordingly, because of the nature of the jurisdic-
tional question presented here, we requested the Na-
tional Mediation Board to study the record in this
case and determine the applicability of the Railway
Labor Act to the Employer. In reply, we were admin-
istratively advised by the National Mediation Board
that based on the above facts:
... the National Mediation Board concludes that
Air Florida-Sunshine Subsidiary, Inc. d/b/a Air
Sunshine is a common carrier by air within the
meaning of Section 201 of the Railway Labor
Act, as amended, 45 U.S.C., § 181.
In view of the foregoing, we shall dismiss the peti-
tion.
ORDER
It is hereby ordered that the petition in Case 12-
RM-300 be, and it hereby is, dismissed.
243 NLRB No. 53
316