Rio Airways, Inc.

National Labor Relations Board - Board Decisions

Jan 23, 1974

208 N.L.R.B. 675 (N.L.R.B. 1974)

RIO AIRWAYS, INC.
Rio Airways , Inc., Employer-Petitioner and Airline,
Aerospace and Allied Employees , Teamsters Local
19, affiliated with International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Help-
ers of America, Airline Division Union. Case
16-R M-479
January 23, 1974
DECISION AND ORDER
BY MEMBERS JENKINS, KENNEDY, AND
PENhLLO
Upon a petition duly filed under Section 9 (c) of the
National Labor Relations Act, as amended, a
hearing was held before Hearing Officer Glyn Cook.
Following the hearing, the Regional Director for
Region 16 transferred this case to the Board for
decision . Thereafter , Petitioner (hereinafter Employ-
er) filed a brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three -member panel.
The Board has reviewed the rulings made by the
Hearing Officer at the hearing and finds that they are
free from prejudicial error . They are hereby affirmed.
Upon the entire record in this case , the Board
makes the following findings:
The Employer, Rio Airways, Inc., is a private,
Texas corporation primarily engaged in transporting
passengers and freight within the State of Texas on
its regularly scheduled airline service to specified
points, such service being rendered pursuant to
authority issued by the Texas Aeronautics Commis-
sion . In addition , the Employer performs private
charter service both within and outside of Texas and
transports Federal prisoners from specified points in
Texas to specified points in Kansas pursuant to
Tenders of Service for the United States Govern-
ment . The Employer does not transport mail for or
under contract with the U.S. Government and is not
licensed by the Civil Aeronautics Board . The Union
seeks a unit of Employer 's pilots and copilots all of
whom are licensed by the Federal Aviation Agency.
From January 1, 1973, to October 31, 1973, the
Employer's gross revenues were in excess of
$1,500,000 , and during the same period it purchased
goods valued in excess of $50,000 from points outside
the State of Texas.
The Employer derives 87 percent of its annual
gross revenues from its regularly scheduled intrastate
passenger service , approximately 6 percent from
private interstate charter flights, 2 percent from
675
private intrastate charter flights, approximately I- 1/2
percent from the transportation of prisoners, and 3-
1/2 percent from carrying freight and maintaining
and repairing radio equipment for other intrastate
carriers.
The Employer honors major national credit cards
such as American Express, Diners Club, Master
Charge, and Air Travel Card. A majority of the
Employer's services is described as "through service
operations," i.e., the Employer sells passenger tickets
which permit a passenger to fly to a destination by
using its services as well as certain interstate carriers.
The Employer has "through service" agreements
with such interstate carriers as Braniff, American,
and Delta.
The parties are in agreement that a unit of
Employer's pilots and copilots would be an appropri-
ate unit. However, the Union filed an application for
an election to be held by the National Mediation
Board and contends that the Employer's operations
are covered by the Railway Labor Act. The Employ-
er contends that its operations are intrastate in
nature, that it does not transport mail for or under
contract with the United States Government, and
that, therefore, jurisdiction over its operation is
vested in this Board.
Because of the nature of the jurisdictional question
presented here, we requested, as we have in other
cases in the past, the National Mediation Board (as
the agency vested with jurisdiction under the
Railway Labor Act over air carriers and having
primary authority to determine its own jurisdiction)
to study the record in this case and determine the
applicability of the Railway Labor Act to the
Employer. We are administratively advised by the
National Mediation Board that:
The National Mediation Board has concluded,
particularly, [sic] in view of Rio's regular interlin-
ing and through service agreements with major
interstate air common carriers such as American
Airlines, Delta Airlines, and Braniff Airways, that
Rio is engaged to a significant degree in regular
interstate air common carriage and carries both
passengers and freight in interstate commerce so
as to meet the definition of common carrier in
Section 201 of Title II of the Railway Labor Act.
In view of the foregoing, we shall dismiss the
petition.
ORDER
It is hereby ordered that the petition in Case
16-RM-479 be, and it hereby is, dismissed.
208 NLRB No. 113