SWISSPORT CARGO SERVICES, LPDownload PDFNational Labor Relations Board - Board DecisionsDec 2, 201412-RC-137010 (N.L.R.B. Dec. 2, 2014) Copy Citation UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD SWISSPORT CARGO SERVICES, L.P. Employer and Case 12-RC-137010 INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO Petitioner ORDER The Employer’s Request for Review of the Regional Director’s Decision and Direction of Election is denied as it raises no substantial issues warranting review. The Employer’s request for a stay of the election is moot.1 Dated, Washington, D.C., December 2, 2014 MARK GASTON PEARCE, CHAIRMAN PHILIP A. MISCIMARRA, MEMBER KENT Y. HIROZAWA, MEMBER 1 See Menzies Aviation, Inc., 42 NMB 1 (2014); Airway Cleaners, LLC, 41 NMB 262 (2014). Member Miscimarra would grant review to refer this case to the National Mediation Board (NMB) for its opinion with regard to the jurisdictional issue based, among other things, on substantial evidence that multiple carriers provide daily on-site supervision of the contractor’s employees, which has been relied upon by the NMB when it has asserted jurisdiction, which has been absent or negligible in cases where the NMB has declined to exercise jurisdiction, and which may have been afforded insufficient weight by the Regional Director. See Federal Express Corp., 317 NLRB 1155 (1995). Copy with citationCopy as parenthetical citation