Sunshine

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