Pacific Southwest Airlines, Inc.

PACIFIC SOUTHWEST AIRLINES, INC. 485 Pacific Southwest Airlines, Inc. and Pacific Southwest Airmotive, Inc., and Transport Workers Union of America, AFL-CIO, Air Transport Division, Peti- tioner. Case 21-RC-11880 December 24, 1970 DECISION AND DIRECTION OF ELECTION BY CHAIRMAN MILLER AND MEMBERS FANNING AND JENKINS Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Stuart M . Foss of the National Labor Relations Board . Following the hearing, the case was transferred to the Board for decision pursuant to Section 102.67 of National Labor Relations Board Rules and Regulations and Statements of Procedure , Series 8, as amended. Thereafter, the Employer, the Petitioner, and Interna- tional Association of Machinists and Aerospace Workers, AFL-CIO, herein called the Intervenor, each filed a brief with the Board. Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with this case to a three -member panel. The Board has reviewed the Hearing Officer's rulings made 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 finds: 1. Pacific Southwest Airlines, Inc., a California corporation, is engaged in the transportation of passengers by air within the State of California, and its subsidiary, Pacific Southwest Airmotive, Inc., is engaged in the repair and overhaul of Pacific Southwest's and other airlines' aircraft engines. Pacific Southwest Airlines annually receives revenues in excess of $70 million and purchases products valued in excess of $50,000 from suppliers located outside the State of California . Pacific Southwest Airmotive annually purchases parts and materials valued in excess of $50,000 directly from suppliers located outside the State of California. In November 1969, the Employer , over whom the Board has asserted jurisdiction in the past ,' began carrying mail for the United States Post Office Department. The mail is currently being carried on 10 of the Employer's 1,145 weekly scheduled flights and is expected to produce $ 130,000 total annual revenue. The Intervenor contends that Section 201 of the Railway Labor Act prevents the Board from asserting jurisdiction in the instant proceeding because that section extends coverage of the Railway Labor Act to, inter alia, ". . . every every carrier by air transporting mail for or under contract with the United States Government...." The Employer and the Petitioner contend that the Board continues to have jurisdiction over Pacific Southwest because the amount of mail it carries is insignificant. On July 28, 1970, the Intervenor filed an application with the National Mediation Board under the Railway Labor Act for an investigation of an alleged representation dispute involving the same employees sought by the Petitioner. The National Mediation Board, on October 29, 1970, held, in dismissing the application, that Pacific Southwest Airlines is an intrastate air carrier whose "connection with inter- state commerce is so tenuous and negligible as to render it de minimus." Accordingly, the National Mediation Board ruled that it does not have jurisdic- tion of the Employer. We find, therefore, that the Board continues to have statutory jurisdiction of the Employer, and that it will effectuate the policies of the Act to assertj urisdiction herein.2 2. The labor organizations involved are labor organizations within the meaning of the Act and each claims to represent certain employees of the Employ- er. 3. A question affecting commerce exists concern- ing the representation of certain employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. The parties stipulated, and we find, that the following employees constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9(b) of the Act: All employees employed at the Employer's airport bases who are engaged in the performance of aircraft and power plant maintenance and overhaul work, including inspectors, mechanics, electronic mechanics, group equipment service- men, painters, cleaners, fuelers, warehousemen, stock clerks, stock clerk helpers, tool crib attend- ants, stock expediters, and leadmen, but excluding all other employees, office clerical employees, professional employees, maintenance planners, building service maintenance employees, guards, watchmen, and supervisors within the meaning of the Act. I Pacific Southwest Airlines, 181 NLRB No 38 There, in an unrelated unfair labor practice proceeding , the Board adopted a Trial Examiner's finding, based on evidence adduced at a hearing held before the Employer began carrying mail, that Pacific Southwest Airlines is an employer engaged in commerce within the meaning of the Act 2 Air California, 170 NLRB No I 187 NLRB No. 82 486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD [Direction of Election3 4 omitted from publication.] 3 Despite its contention that the Board is barred by the Railway Labor Act from asserting jurisdiction herein , the Intervenor has not indicated that it would not participate in an election if the Board asserted jurisdiction Accordingly, we shall include both the Petitioner and the Intervenor on the ballot 4 In order to assure that all eligible voters may have the opportunity to be informed of the issues in the exercise of their statutory right to vote, all parties to the election should have access to a list of voters and their addresses which may be used to communicate with them Excelsior Underwear Inc, 156 NLRB 1236, NLRB v Wyman-Gordon Co, 394 U S 759 Accordingly, it is hereby directed that an election eligibility list, containing the names and addresses of all the eligible voters, must be filed by the Employer with the Regional Director for Region 21 within 7 days of the date of this Decision and Direction of Election The Regional Director shall make the list available to all parties to the election No extension of time to file this list shall be granted by the Regional Director except in extraordinary circumstances Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed