Henson Aviation, Inc., d/b/a Friendship of BWI

FRIENDSHIP OF BWI Henson Aviation, Inc., d/b/a Friendship of BWI and International Association of Machinists and Aerospace Workers, AFL-CIO, Petitioner. Case 5-RC-11882 February 25, 1983 DECISION AND ORDER BY MEMBERS JENKINS, ZIMMERMAN, AND HUNTER Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Gary L. Simpler. Following the hearing, and pursuant to Section 102.67 of the National Labor Relations Board's Rules and Regulations, Series 8, as amend- ed, the case was transferred to the National Labor Relations Board for decision. 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 au- thority 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 af- firmed. Upon the entire record in the case, the Board finds: Henson Aviation, Inc., d/b/a Friendship of BWI is a Maryland corporation engaged in Glen Burnie, Maryland, in the business of providing ground sup- port to particular air carriers, to charter flights, and to U.S. Military aircraft. During the past 12 months the Employer purchased materials and sup- plies valued in excess of $50,000 from firms located in the State of Maryland which in turn received the materials and supplies directly from outside the State of Maryland. The preponderance of the Em- ployer's business has been, and continues to be, with Henson Airlines, which is the other division of Henson Aviation, Inc., and wvhich was stipulated by the parties to be a carrier by air within the meaning of the Railway Labor Act. The general I The name of the Employer appears as amended at the hearing. manager of Henson Aviation, Inc., d/b/a Friend- ship of BWI also serves as the vice president for Henson Aviation, Inc. Additionally, the employees of both divisions share common fringe benefits, in- cluding insurance, profit sharing, holidays, vaca- tions, and airline pass privileges. The Employer contends that the instant petition should be dismissed because the Employer is not an "employer" within the meaning of the National Labor Relations Act, as amended. The Petitioner, on the other hand, contends that jurisdiction is properly with the National Labor Relations Act. Section 2(2) of the Act provides in pertinent part that the term "employer" as used in the National Labor Relations Act should not include any person subject to the Railway Labor Act. Accordingly, because of the nature of the juris- dictional question presented here, we requested the National Mediation Board to study the record in this case and to determine the applicability of the Railway Labor Act to the Employer. In reply, we were advised by the National Mediation Board that the board had concluded that: The facts . . . establish that Friendship of BWI is directly or indirectly owned or con- trolled by, or under common control with a carrier by air subject to the Railway Labor Act, and provides services in connection with transportation by air. The work performed by Friendship is work historically performed by Fleet Service Employees in the airline indus- try. The Board is therefore of the opinion that Friendship of BWI is a common carrier by air within the meaning of Title II of the Railway Labor Act. 2 In view of the foregoing, we shall dismiss the in- stant petition. ORDER It is hereby ordered that the petition in Case 5- RC-11882 be, and it hereby is, dismissed. Henson Aviation., Inc., d/b/a Friendship of BWI, 10 NMB No. 36 (1983). 266 NLRB No. 44 207