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Airline Fuel Co. Can’t Duck NLRB By Claiming It’s A Carrier

Law360, New York (April 18, 2017, 6:39 PM EDT) -- A D.C. Circuit panel rejected an airline fueling service's claim it’s a “carrier” subject to the National Mediation Board’s jurisdiction under the Railway Labor Act on Tuesday, ordering it to bargain with a unit certified by the National Labor Relations Board.

Even with the record underdeveloped because of the Allied Aviation Service Company of New Jersey's failure to lobby for NMB jurisdiction until it was dragged before the NLRB for failure to negotiate, the panel found the facts weigh heavily against Allied being so controlled by a carrier as to be outside the NLRB’s reach, the panel said.

“The record in...

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Appellate - DC Circuit

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Date Filed

September 11, 2015


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Appellate - DC Circuit

Nature of Suit

Date Filed

October 21, 2015

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