International Air Service, Inc. of San Juan, Puerto Rico

584 DECISIONS OF NATIONAL LABOR RELATIONS BOARD International Air Service, Inc. of San Juan, Puerto Rico and Union De Trabajadores Industriales De Puerto Rico and The International Association of Machinists and Aerospace Workers. Case AO-103. June 19,1967 ORDER DISMISSING PETITION FOR ADVISORY OPINION On May 15, 1967, Union de Trabajadores Industriales de Puerto Rico, herein called the Petitioner, filed a petition pursuant to Sections 102.98 and 102.99 of the National Labor Relations Board's. Rules and Regulations, Series 8, as amended, requesting an Advisory Opinion as to whether the Board has jurisdiction over International Air Service, Inc. of San Juan, Puerto Rico, herein called the Employer. The International Association of Machinists and Aerospace Workers, herein called the Union, filed representation petitions with the Board (Case 24-RC-3059) and with the National Mediation Board for the certification of representative for employees of the employer currently represented by the Petitioner. No response to the instant petition, as provided by the Board's Rules and Regulations, has been filed by the Employer or the Union. The Board has duly considered the allegations of the petition. The Board's Advisory Opinion proceedings "are designed primarily to determine questions of jurisdiction by application of the Board's discretionary standards to the `commerce' operations of an employer."' Although the petition details commerce data allegedly pertinent to the Board's discretionary standards, the basic issue presented herein is whether the Employer is an "employer" within the meaning of Section 2(2) of the Act or excluded therefrom as "any person subject to the Railway Labor Act." As this issue does not fall within the intendment of the Board's Advisory Opinion rules, we shall dismiss the petition herein.' Accordingly, it is hereby ordered that, for the reasons set forth above, the Petition for an Advisory Opinion herein be, and it hereby is, dismissed. ' Upper Lakes Shipping, Ltd., 138 NLRB 221, Mayo Clinic, 165 NLRB No. 29; Mt. Pleasant Public Utilities, 156 NLRB 79. Y Ibid. 165 NLRB No. 65