SWISSPORT CARGO SERVICES, LP

National Labor Relations Board - Board Decisions

Dec 2, 2014

12-RC-137010 (N.L.R.B. Dec. 2, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SWISSPORT CARGO SERVICES, L.P.
Employer
and Case 12-RC-137010
INTERNATIONAL ASSOCIATION OF MACHINISTS
AND AEROSPACE WORKERS, AFL-CIO
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and Direction of
Election is denied as it raises no substantial issues warranting review. The Employer’s request
for a stay of the election is moot.1
Dated, Washington, D.C., December 2, 2014
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER

1 See Menzies Aviation, Inc., 42 NMB 1 (2014); Airway Cleaners, LLC, 41 NMB 262 (2014).
Member Miscimarra would grant review to refer this case to the National Mediation Board
(NMB) for its opinion with regard to the jurisdictional issue based, among other things, on
substantial evidence that multiple carriers provide daily on-site supervision of the contractor’s
employees, which has been relied upon by the NMB when it has asserted jurisdiction, which has
been absent or negligible in cases where the NMB has declined to exercise jurisdiction, and
which may have been afforded insufficient weight by the Regional Director. See Federal
Express Corp., 317 NLRB 1155 (1995).