The National Labor Relations Board (NLRB) denied Unifi Aviation, LLC's Request for Review of the Regional Director’s Decision and Certification of Representative, finding that the employer’s arguments did not present substantial issues warranting review. The Board rejected the employer’s claim that the Regional Director lacked the authority to continue processing the petition in the absence of a Board quorum, citing precedent established in Satellite Healthcare (Santa Rosa), 374 NLRB No. 25 (2026).

The NLRB also declined to refer the jurisdictional question to the National Mediation Board (NMB). This decision was based on established precedent that the Board will not refer jurisdictional questions to the NMB when factual claims are similar to those where the NMB has previously declined jurisdiction, as seen in cases like United Parcel Service, 318 NLRB 778 (1995) and ABM Onsite Services v. NLRB, 849 F.3d 1137 (D.C. Cir. 2017).

The NMB, in Swissport Cargo Services, LP, 52 NMB 25 (2024), had abandoned its “derivative carrier” test for air carrier contractors, concluding that the Railway Labor Act (RLA) applies only to "air carriers" themselves, not their contractors. The NLRB had previously deferred to the NMB’s advisory opinion in Swissport Cargo Services, LP, 373 NLRB No. 144 (2024) and asserted jurisdiction. Since Unifi Aviation, LLC is not an air carrier, the Board concluded that, consistent with its prior decision in Swissport, the NMB would have declined jurisdiction, making it appropriate for the Regional Director to assert jurisdiction. The Board clarified that in Swissport Cargo Services, LP, it did not "adopt" the NMB decision but rather followed its usual practice of giving substantial deference to NMB advisory opinions, which then led to the assertion of jurisdiction.

Furthermore, Members Murphy and Mayer rejected the employer's contention that the election should be set aside based on the Board's holding in Amazon.com Services, 373 NLRB No. 136 (2024), an unfair labor practice case. These members did not participate in the Amazon.com Services decision and expressed no opinion on its correctness, adhering to the reasoning in Satellite Healthcare, 374 NLRB No. 39 (2026).

Significant Cases Cited

• Satellite Healthcare (Santa Rosa), 374 NLRB No. 25 (2026): This case established precedent for the Board's authority to process petitions without a full quorum.
• United Parcel Service, 318 NLRB 778 (1995): This case indicates the Board's practice of not referring jurisdictional questions to the NMB when the NMB has previously declined jurisdiction in similar factual circumstances.
• ABM Onsite Services v. NLRB, 849 F.3d 1137 (D.C. Cir. 2017): This case affirmed the Board's practice regarding jurisdictional referrals to the NMB, referencing prior precedent.
• Swissport Cargo Services, LP, 52 NMB 25 (2024): This NMB decision discarded the "derivative carrier" test for air carrier contractors, concluding the RLA applies only to air carriers.
• Swissport Cargo Services, LP, 373 NLRB No. 144 (2024): In this case, the NLRB afforded substantial deference to the NMB's advisory opinion and asserted jurisdiction over an employer.

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