Air Cargo Transport, Inc.

176 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD Air Cargo Transport, Inc. and District Lodge 751, International Association of Machinists and Aerospace Workers, AFL-CIO, Petitioner. Case 19-RC-11058 June 15, 1988 DECISION AND ORDER BY CHAIRMAN STEPHENS AND MEMBERS JOHANSEN AND CRACRAFT On a petition duly filed under Section 9(c) of the National Labor Relations Act, a hearing was held before Hearing Officer Ronald J. Knox. Following the hearing, and pursuant to Section 102.67 of the National Labor Relations Board Rules and Regula- tions, this case was transferred to the National Labor Relations Board for decision. The National Labor Relations Board has delegat- ed 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 affirmed. On the entire record in this case, the Board finds: Air Cargo is engaged in the business of pickup and delivery of air freight at the Sea-Tac Airport in Seattle, Washington. In or about November 1983, Air Cargo entered into an extensive freight agreement with Flying Tigers Transport. Since that time Air Cargo has operated as Flying Tigers' exclusive agent in the Seattle area and it derives 99 percent of its revenues as a result of the agreement with Flying Tigers. Air Cargo owns and operates seven vehicles to transport the freight and all but two are painted, at Flying Tigers' expense, with the Flying Tigers logo. Flying Tigers also provides uniforms to Air Cargo's drivers; sets the rates that Air Cargo charges for its services; and exercises substantial control over Air Cargo's daily operations, includ- ing hiring, firing, and employee discipline. Air Cargo contends that the petition should be dismissed because jurisdiction is properly with the National Mediation Board under the Railway Labor Act and, therefore, the National Labor Rela- tions Board should not exercise jurisdiction. The Petitioner asserts that jurisdiction is properly with the National 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 shall not include any person subject to the Railway Labor Act. Accordingly, we requested the National Media- tion Board to study the record in this case and to determine the applicability of the Railway Labor Act to Air Cargo. In reply, we were advised by the National Mediation Board that Based on the information provided, it ap- pears that Air Cargo Transport's employees are subject to direct control by Flying Tiger. Moreover, Air Cargo Transport's employees engage in work which is performed by em- ployees in the airline industry. See, e.g. Crew Transit, Inc., 10 NMB No. 21 (1982) and Allied Aviation Service Company of Texas, 11 NMB No. 87 (1984). The unique facts of this case viewed in light of Board precedent lead to the Board's opinion, therefore, that Air Cargo Transport, Inc. and its employees are covered by the Railway Labor Act.I In view of the foregoing, we shall dismiss the pe- tition. ORDER It is ordered that the petition in Case 19-RC- 11058 is dismissed. ' Air Cargo Transport, Inc., 15 NMB No. 202 (1988) 289 NLRB No. 36