Lynch Flying Service, Inc.

LYNCH FLYING SERVICE, INC. 961 Lynch Flying Service, Inc. and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local Union No. 190, Independent, Petitioner. Case 19-RC-4499 August 1, 1967 DECISION AND ORDER BY MEMBERS FANNING, JENKINS, AND ZAGORIA Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, a hearing was held before Dale L. Bennett, Hearing Officer. The Hearing Officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 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 powers in connection with this case to a three- member panel. Upon the entire record in this case, the Board finds: The Employer, Lynch Flying Service, Inc., is a Montana corporation with its principal place of business in Billings, Montana. The Employer is en- gaged in a diversified business which includes: the sale of aircraft; service, repair, and rebuilding of air- craft; unscheduled flights of freight and passengers; and the operation of a flight traning school. Under a certificate issued by the Federal Aviation Agency which authorizes it to engage in air-taxi commercial operations and a similar license issued by the Air Transport Board of Canada, it flies passengers and freight on an unscheduled basis between points in the continental United States and Canada. The Employer does in excess of $800,000 busi- ness annually, about 20 percent of which represents revenue from air-taxi and freight services. The du- ties of the line servicemen sought by the Petitioner includes work in connection with such air-taxi and freight services. The Employer moves for dismissal of the petition on the ground that it is a common carrier by air engaged in interstate commerce within the meaning of the Railway Labor Act,' that its operations and employees are covered by the provi- sions of that Act, and that this Board is therefore without jurisdiction. Because of the nature of the question presented here, we requested, as we have in other cases in the past,2 the National Mediation Board (as the agency primarily vested with jurisdiction, under the Rail- way Labor Act, over air carriers, and having pri- mary authority to determine its own jurisdiction) to study the record in this case and determine the ap- plicability of the Railway Labor Act to the Em- ployer. We are administratively advised by the Na- tional Mediation Board, under date of June 23, 1967, that: This Board had determined that in light of the Flying Service's participation in freight and passenger interstate commerce, said Flying Service is subject to the provisions of Title II, Section 201 of the Railway Labor Act as a common carrier by air. The National Mediation Board presently had before it an application filed on May 23, 1967, by the International Brotherhood of Teamsters covering a group of employees of Lynch Flying Service, Inc., designated as line servicemen. The Board will proceed to process that appli- cation to a conclusion. In view of the foregoing, we shall dismiss the petition in its entirety. ORDER It is hereby ordered that the petition in Case 19-RC-4499 be, and it hereby is, dismissed in its entirety. ' Title III of the Railway Labor Act extends the coverage of that Act to . every common carrier by air engaged in interstate or foreign com- merce ... and every air pilot or other person who performs any work as an employee .. of such carrier. . . 2 Wings & Wheels, Inc, 139 NLRB 578; Bradley Flying Service, Inc., 131 NLRB 437; Interior Enterprises, Inc., 122 NLRB 1538; PanAmer- ican WorldAirways, 115 NLRB 493 166 NLRB No. 118