Eagle Aviation, Inc., And Executive Air Terminal, Inc.

National Labor Relations Board - Board Decisions

Sep 20, 1988

290 N.L.R.B. 1149 (N.L.R.B. 1988)

EAGLE AVIATION 1149
Eagle Aviation, Inc., and Executive Air Terminal,
Inc. and Chauffeurs, Teamsters and Helpers
Local Union No . 175, affiliated with the Inter-
national Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America, AFL-
CIO,' Petitioner . Case 9-RC-15151
September 20, 1988
DECISION AND ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
JOHANSEN AND CRACRAFT
On July 17, 1987, the Regional Director issued a
Decision and Direction of Election in which he
found that assertion of jurisdiction was warranted
On August 13, 1987, the National Labor Relations
Board granted the Employers ' request for review
of that decision
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel
On the entire record in the case , the Board finds
Executive Air Terminal, Inc is a West Virginia
corporation engaged in the service and mainte-
nance of aircraft and furnishes aircraft fueling and
storage services at the Yeager Airport in Charles-
ton, West Virginia It also operates an air taxi and
charter service and provides flight training Execu-
tive Air Terminal, Inc 's gross revenues exceed
$500,000 annually , and its direct out-of-state pur-
chases exceed $50,000 annually
Eagle Aviation, Inc is a West Virginia corpora-
tion engaged in the service and maintenance of air-
craft at the Yeager Airport It furnishes fueling and
storage services and maintains and repairs aircraft
The Employers contend that jurisdiction over
their operations should be with the National Medi-
ation Board under the Railway Labor Act The Pe-
titioner, on the other hand, contends that jurisdic-
tion is properly with the National Labor Relations
Board
' On November 1, 1987, the Teamsters International Union was read-
nutted to the AFL-CIO Accordingly, the caption has been amended to
reflect that change
Section 2(2) of the National Labor Relations Act
provides in pertinent part that the term "employer"
as used in the National Labor Relations Act should
exclude any person subject to the Railway Labor
Act
Accordingly, because of the nature of the juns-
dictional question , we requested the National Medi-
ation Board to study the record in this case and to
determine the applicability of the Railway Labor
Act to Executive Air Terminal, Inc and Eagle
Aviation, Inc In reply we were advised by the Na-
tional Mediation Board that it had concluded as
follows
First, with regard to Executive [Air Termi-
nal, Inc ], air taxi and charter operations en-
gaged in interstate common carnage are sub-
ject to the jurisdiction of the Railway Labor
Act In addition, Executive's provision of
fueling to common carriers is also a function
which is traditionally performed by employees
in the airline industry The Board, therefore,
finds that Executive Air Terminal and its em-
ployees are subject to the jurisdiction of the
Railway Labor Act
Turning to Eagle Aviation, the Board finds
that Eagle's employees , like those of Execu-
tive, perform work which is traditionally per-
formed by employees in the airline industry
[T]he record reveals that there is a signifi-
cant degree of control exercised over Eagle
employees by Executive employees The
Board , therefore, finds that Eagle Aviation
and its employees are also subject to the juris-
diction of the Railway Labor Act 2
In view of the foregoing, we shall dismiss the pe-
tition
ORDER
It is ordered that the petition in Case 9-RC-
15151 is dismissed
8 Eagle Aviation , 15 NMB 285 , 287-288 (1988)
290 NLRB No 150