Ground Services, Inc.

GROUND SERVICES, INCORPORATED D Ground Services, Incorporated and Airline, Aero- space & Allied Employees Local 2707, Interna- tional Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Peti- tioner. Case 21-RC-15773 December 5, 1980 DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBRS PENEI.I.O AND TRUESIAI.E Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, hearings were held before Hearing Officers Steven J. Sorensen and Roberto G. Chavarry. Following the hearings, and pursuant to Section 102.67 of the National Labor Relations Board Rules and Regula- tions, Series 8, as amended, the case was trans- ferred to the National Labor Relations Board for decision. Thereafter, the Employer and the Peti- tioner filed briefs. 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 Officers' rulings made at the hearings and finds that they are free from prejudicial error. They are hereby af- firmed. Upon the entire record in the case, the Board finds: Ground Services, Incorporated (hereafter GSI) is a wholly owned subsidiary of ARA Services, Inc., a Delaware corporation with headquarters in Phila- delphia, Pennsylvania. GSI is engaged in the busi- ness of providing ground or fleet service to partic- ular air carriers and other enterprises at different locations throughout the country. During the past 12 months, GSI received revenues in excess of $100,000 from providing such services at Lind- bergh Field, San Diego, California, to Pan Ameri- can World Airways (National Airlines), an air car- rier previously found by the Board to receive annual gross revenues in excess of $1 million from providing the transportation of mail, passengers, and cargo between various States of the United States.' l Ground Service. Inc., a wholly-owned subsidiary of .4R.4 Services. Inc., 234 NLRB 1048 (1978). GSI contends that the instant petition should be dismissed because its operations at Lindbergh Field are too inconsequential in volume to require Feder- al regulation. Alternatively, GSI argues that the petition should be dismissed because jurisdiction properly should be found to be with the National Mediation Board under the Railway Labor Act. The Petitioner, on the other hand, contends both that GSI meets the Board's jurisdictional standards and that jurisdiction properly would be with the National Labor Relations Board. It is well established that the Board asserts juris- diction over those nonretail enterprises which re- ceive revenues in excess of $50,000 per year from providing services to users meeting any of the Board's jurisdictional standards. Edward Peterein and Robert Greenlee, a Partnership, d/b/a Peterein and Greenlee Construction Co., 172 NLRB (1310 (1968); Siemons Mailing Service, 122 NLRB 81 (1958). However, while it would appear that GSI's operations conform to the Board's monetary juris- dictional standards, Section 2(2) of the Act pro- vides 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. Therefore, because of the jurisdictional question presented here, 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 the Employer herein. In reply, we were ad- vised by the National Mediation Board that, fol- lowing their reading of the record and of subse- quent statements filed with them, the National Me- diation Board had concluded that: Based upon the nature of the activities per- formed by GSI and Pan Am, and the degree of control exercised by Pan Am, the [National Mediation] Board is of the opinion that the ac- tivities and employees performing such activi- ties are subject to 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 21- RC-15773 be, and it hereby is, dismissed. 2 Ground Service Inc (Soan Diego. 7 NMB No 266 (198)) 253 NLRB No. 80 587