Facilities Management Corp.

1144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Facilities Management Corporation and Jack Corneli- us and Hawaii Teamsters & Allied Workers, Local 996, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Help- ers of , America, Joint Petitioners. Case 37-RC-1778 April 18, 1973 DECISION AND ORDER By MEMBERS JENKINS, KENNEDY, AND PENELLO Upon an amended petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer William Lloyd McIntire. Following the hearing and pursuant to Section 102.67 of the National Labor Relations Board Rules and Regulations and State- ments of Procedure, Series 8, this case was trans- ferred to the Board for decision. Thereafter, briefs were filed by the Employer and the Petitioners. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding 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. The rulings are hereby affirmed. Upon the entire record in this case, the Board finds: The Petitioners seek to represent certain of the Employer's employees on Wake Island. The Employ- er contends that the Act does not apply to Wake Island and therefore moves that the petition be dismissed for lack of jurisdiction. Alternatively, the Employer urges the Board to exercise its discretion to decline jurisdiction. The Employer, a California corporation, is engaged in the business of furnishing maintenance, repair, and support services for the United States Air Force at Wake Island. During the fiscal year ending July 1, 1 19 UST 7560, TIAS 6598, 658 UNTS 365 , U S Department of State, "Treaties in Force on Jan 1, 1972 " 1972, the Employer purchased from outside of Wake Island goods or services valued in excess of $50,000. The goods and services furnished by the Employer exceeded $500,000. On December 28, 1968, the United States and the Republic of the Philippines completed a treaty concerning offshore labor in "certain areas of the Pacific and Southeast Asia."' On June 24, 1972, the Department of the Interior entered into an agreement with the Department of the Air Force for the administration of Wake Island. Pursuant to the agreement, the Air Force promulgat- ed a Wake Island Code.2 Wake Island, which has a total area of 2-1/2 square miles, is located in the central Pacific Ocean, 2,300 miles west of Honolulu and 1,987 miles southeast of Tokyo. According to the Petitioners, Wake Island is purely an airport facility and has no local permanent residents. The only installation on Wake Island is the Air Force base and access to the Island is difficult in that there is no scheduled air or water carrier service. According to the Employer, individuals wishing to visit Wake Island must secure permission from the Air Force and either provide their own transporta- tion or obtain it from the Air Force. Assuming, arguendo, that the Board has statutory jurisdiction over Wake Island, we nevertheless find merit in the Employer's alternative contention that the Board should decline to assert jurisdiction. Accordingly, in view of various factors herein, particularly the fact that Wake Island has no local permanent residents and is remote, difficult of access, and contains nothing but a military installa- tion, we conclude that it will not effectuate the purposes of the Act to assert jurisdiction herein. We shall therefore grant the Employer's motion to dismiss the petition. ORDER It is hereby ordered that the petition filed herein be, and it hereby is, dismissed. 2 37 F R. 12384 title 32-National Defense, chapter VII-Department of the Air Force, subchapter N-Wake Island, part 935-Wake Island Code 202 NLRB No. 164