Prospect Airport Services, Inc.

National Labor Relations Board - Unpublished Board Decisions

Mar 31, 2015

04-RC-085852 (N.L.R.B. Mar. 31, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PROSPECT AIRPORT SERVICES, INC.
Employer
and Case 04-RC-085852
UNITED CONSTRUCTION TRADES AND
INDUSTRIAL EMPLOYEES UNION LOCAL 621
Petitioner
and
SERVICE EMPLOYEES INTERNATIONAL UNION,
LOCAL 32BJ
Intervenor
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.1
MARK GASTON PEARCE, CHAIRMAN
HARRY I. JOHNSON, III, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., March 31, 2015.

1 Member Johnson would grant review to determine whether the carrier US Airways exercised
meaningful control over the Employer’s personnel decisions. In this regard, the evidence shows
that the Employer’s contract with US Airways gives the carrier the right to require that
employees be removed from their account. Member Johnson would evaluate the record evidence
regarding whether the Employer terminated individuals following a request from US Airways
that the employee be removed from the account. It is Member Johnson’s view that review is
especially important for a thorough consideration of the issues where, as in this case, we are
attempting to apply another agency’s jurisdictional law rather than our own.