Holiday Resources, Inc.

HOLIDAY AIRLINES 19 Holiday Airlines, a Division of Holiday Resources, Inc, and Airline, Aerospace & Allied Employees Local 2707, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Petitioner. Cases 31-RC-2839 and 31-RC-2840 January 3, 1975 DECISION AND DIRECTION OF ELECTIONS BY MEMBERS JENKINS, KENNEDY, AND PENELLO Upon petitions duly filed under Section 9(c) of the National Labor Relations Act, as amended, a consolidated hearing was held before Hearing Officer Robert Gross. Following the hearing, this proceeding was transferred to the Board for decision. 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. They are hereby affirmed. Upon the entire record in this case, the Board finds: 1. The Employer is a California corporation with its principal place of business at the South Lake Tahoe Airport. It is engaged as a scheduled passen- ger and freight air carrier serving various cities in southern and northern California and South Lake Tahoe. Approximately 95 percent of its business consists of being the sole scheduled passenger air carrier serving South Lake Tahoe Airport, which is 5 to 6 miles from the California-Nevada state line. The Employer advertises Nevada attractions in the Tahoe area, and has travel packages with the ski resorts in the area. During the summertime, the Employer's peak season, it operates three round trips a day with three airplanes between southern California and northern California and South Lake Tahoe, Monday through Thursday, with additional flights added on Fridays and Sundays. The Employer currently carries no United States mail but as of the hearing had applied for a mail contract. It has no interline arrangements with other airlines. The Employer performs common carriage charter flights within the State of California. It also has contract flights outside the State of California to such places as Seattle, i Title If of the Railway Labor Act extends the coverage of that Act to "every common carrier by air engaged in interstate or foreign commerce ... and every air pilot or other person who performs any work as an employee ... of such carrier ...... 2 See, e.g., Voyager 1000, A Corporation, 202 NLRB 901 (1973); Lynch Washington; Portland, Oregon; and Reno and Las Vegas, Nevada. This case was transferred to the Board because of a question as to whether or not the Employer is a common carrier by air engaged in interstate com- merce within the meaning of the Railway Labor Act,l and thus not within the Board's jurisdiction. The Employer asserts that it is covered by the Railway Labor Act. 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 Railway Labor Act, over air carriers, and having primary authority to determine its own jurisdiction) to study the record in this case and determine the applicabili- ty of the Railway Labor Act to the Employer. We were administratively advised by the National Mediation Board, by letter dated October 30, 1974, that: Review of the record materials submitted with your request and a previous National Mediation Board investigation (NMB File No. C-4037) 3 involving Holiday Airlines indicates that Holiday engages nearly exclusively in intrastate opera- tions. Apparently, Holiday continues to operate exclusively within the confines of the State of California ; has no interline or other ticketing or baggage arrangements with interstate air common carriers ; and, only uses the Reno, Nevada airport, (by special exemption of the Civil Aeronautics Board), when weather or field conditions require use of this alternative facility. Under these circumstances, the National Media- tion Board confirms its previous opinion that Holiday Airlines is not engaged in interstate commerce pursuant to the provisions of Section 201 of Title II of the Railway Labor Act and, therefore, NMB jurisdiction would be inappropri- ate. It was stipulated that the Employer does in excess of $500,000 business annually, and that the Employer annually purchases goods valued in excess of $50,000 directly from firms located outside the State of California. In view of the foregoing, we conclude that the Employer is engaged in commerce within the meaning of the Act and it will effectuate the purposes of the Act to assert jurisdiction herein. Flying Service, Inc, 166 NLRB 961 (1967), and cases cited therein 3 We note that in the previous case involving Holiday Airlines before the National Mediation Board the Employer took the position that Railway Labor Act jurisdiction was lacking 216 NLRB No. 3 20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. The Petitioner is a labor organization claiming to represent certain employees of the Employer. 3. A question affecting commerce exists concern- ing the representation of employees of the Employer within the meaning of Sections 9(c)(1) and 2(6) and (7) of the Act. 4. The appropriate units The parties stipulated that the following two units requested by the Petitioner are appropriate: Case 31-RC-2839 All ground crew employees, including passenger agents, reservations agents, mechanics, cargo handlers, and dispatchers; excluding all other employees, flight crew employees, office clerical employees, professional employees, guards and supervisors as defined in the Act. Case 31-RC-2840 All flight crew employees including pilots, flight engineers, and flight attendants, but excluding all other employees, ground crew employees , office clerical employees, professional employees, guards and supervisors as defined in the Act. Accordingly, we find that the above mentioned units are appropriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act. [Direction of Elections and Excelsior footnote omitted from publication.]