Tri-State Aero, Inc.

National Labor Relations Board - Board Decisions

Jul 19, 1982

262 N.L.R.B. 998 (N.L.R.B. 1982)

TRI-STATE AERO, INC.
Tri-State Aero, Inc. and Chauffeurs, Teamsters, &
Helpers Local Union No. 215, a/w Internation-
al Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, Petitioner.
Case 25-RC-7761
July 19, 1982
DECISION AND ORDER
BY CHAIRMAN VAN DE WATER AND
MEMBERS FANNING AND ZIMMERMAN
Pursuant to a Stipulation for Certification Upon
Consent Election, an election by secret ballot was
conducted on November 30, 1981, under the direc-
tion and supervision of the Regional Director.
Thereafter, the Employer filed a timely objection
to the election, contending that the National Labor
Relations Board does not possess jurisdiction over
the Employer. Pursuant to the Board's Rules and
Regulations, Series 8, as amended, the Acting Re-
gional Director then conducted an investigation of
the objection and, concluding that the objection
raised the question of the Board's jurisdiction over
the Employer, issued on January 29, 1982, a
"Report on Objections, Order Directing Hearing,
and Notice of Hearing." Accordingly, a hearing
was held on February 24, 1982, before Hearing Of-
ficer Sharon Ballin. Subsequent thereto, on March
2, 1982, the Acting Regional Director transferred
the case to the National Labor Relations Board for
decision.
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 Officer's
rulings made at the hearing and finds that they are
free from prejudicial error. They are hereby af-
firmed.
Upon the entire record in the case, the Board
finds:
The Employer is an Indiana corporation engaged
in Evansville, Indiana, in the business of providing
air taxi and charter services, flight training, aircraft
fueling and maintenance, and aircraft sales and
storage. The record establishes that the Employer
receives annual gross revenues in excess of
$500,000 and makes annual purchases of goods and
services valued in excess of $50,000 directly from
points located outside the State of Indiana.
The Employer contends that the instant petition
should be dismissed because the Employer is not an
"employer" within the meaning of the National
Labor Relations Act, as amended. The Petitioner,
on the other hand, contends that jurisdiction is
properly with the National Labor Relations Act.
Alternatively, the Petitioner contends that the Em-
ployer should be estopped from claiming jurisdic-
tion is not properly with the National Labor Rela-
tions Board because of the failure to have raised
such an issue prior to the election.
Section 2(2) of the Act provides 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.
Accordingly, because of the nature of the juris-
dictional question presented here, we requested the
National Mediation Board to study the record in
this case and to determine the applicability of the
Railway Labor Act to the Employer. In reply, we
were advised by the National Mediation Board that
the board had concluded that:
Based on the documents in this case, the (Na-
tional Mediation) Board is of the opinion that
Tri-State Aero is subject to the provisions of
the Railway Labor Act.
In view of the foregoing, we shall set aside the
election of November 30, 1981, and dismiss the in-
stant petition.
ORDER
It is hereby ordered that the election of Novem-
ber 30, 1981, be, and it hereby is, set aside.
IT IS FURTHER ORDERED that the petition in Case
25-RC-7761 be, and it hereby is, dismissed.
Tri-State Aero, Inc., 9 NMB No. 100 (1982).
262 NLRB No. 128
998