Air Cleveland, Inc.

AIR CI.EVELAND INC. Air Cleveland, Inc. and Local 860, Laborers' Inter- national Union of North America, AFL-CIO, Petitioner. Case 8-RC-12221 November 24, 1980 DECISION AND ORDER BY MEMBFRS JENKINS, PNII I 0. ANI) TRU ESI).I I Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Nora M. Friel. Following the hearing, and pursuant to Sec- tion 102.67 of the National Labor Relations Board Rules and Regulations, Series 8, as amended, the case was transferred to the National Labor Rela- tions 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: Air Cleveland, Inc., is an Ohio corporation en- gaged in the business of providing certain ground services (primarily the fueling and the maintenance of airplanes) at Burke Lakefront Airport in Cleve- land, Ohio. Eighty percent of the stock of Air Cleveland, Inc., is owned by Wright Air Lines, Inc., an Ohio corporation engaged, as an air carri- er, in the business of providing interstate transpor- tation for passengers and cargo. Both Air Cleve- land, Inc., and Wright Air Lines, Inc., have their principal place of business located in Cleveland, Ohio. The record establishes that Air Cleveland, Inc., receives annual gross revenues in excess of $1.5 million from providing these ground services to Wright Air Lines, Inc., which in turn receives annual gross revenues in excess of $4 million from providing the interstate transportation of passen- gers and of cargo. Air Cleveland, Inc., contends that the instant pe- tition should be dismissed because jurisdiction is properly with the National Mediation Board under the Railway Labor Act and that the National Labor Relations Board therefore should not exer- cise jurisdiction. The Petitioner, on the other hand, contends that jurisdiction is properly with the Na- tional Labor Relations Board. 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, based upon the record and upon subsequent statements filed with them: The . . . facts establish that Air Cleveland is a corporation directly owned and controlled by a common carrier with transportation of pas- sengers and freight by air. The services pro- vided by Wright are integrally related to its ability to provide common carriage by air, and constitute over 70%., of Air Cleveland's busi- ness. Accordingly, the (National Mediation) Board is of the opinion that Air Cleveland is within the scope of Title II of the Railway Labor Act. In view of the foregoing, we shall dismiss the pe- tition. ORDER It is hereby ordered that the petition in Case 8- RC-12221 be, and it hereby is, dismissed. 253 NLRB No. 59 4b7