The National Labor Relations Board (NLRB) denied UNIFI AVIATION, LLC's (the Employer) Request for Review of the Regional Director's Decision on Challenged Ballots and Objections, Order Directing Hearing, and Notice of Hearing. The Board found that the Employer's request presented no substantial issues warranting review.

The Board rejected the Employer's argument that the Regional Director lacked the authority to continue processing the petition due to the absence of a Board quorum, citing Satellite Healthcare (Santa Rosa), 374 NLRB No. 25 (2026). The Board did not rely on the Regional Director's analysis regarding the applicability of its nonacquiescence policy. Instead, the Board's decision was based on precedent that it will not refer jurisdictional questions to the National Mediation Board (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 Board noted the NMB's decision in Swissport Cargo Services, LP, 52 NMB 25 (2024), where the NMB discarded its "derivative carrier" test for contractors of air carriers and concluded that the Railway Labor Act applies only to "air carriers," not their contractors. The NLRB, in Swissport Cargo Services, LP, 373 NLRB No. 144 (2024), had afforded substantial deference to the NMB's advisory opinion and asserted jurisdiction over that employer. Given that the Employer here is not an air carrier, the Board reasoned that the NMB would have declined jurisdiction, making it appropriate for the Regional Director to assert jurisdiction. The Board clarified that in its Swissport decision, it did not "adopt" the NMB's decision but rather followed its long-standing practice of according NMB opinions substantial deference.

Furthermore, Members Murphy and Mayer rejected the Employer's argument that the election must be set aside due to the Board's holding in Amazon.com Services, 373 NLRB No. 136 (2024). These Members did not participate in the Amazon.com Services decision and expressed no view on its correctness. They based their rejection of the Employer's contention on the reasoning provided in Satellite Healthcare, 374 NLRB No. 39 (2026).

Significant Cases Cited

• Satellite Healthcare (Santa Rosa), 374 NLRB No. 25 (2026): The Board relied on this case to reject the Employer's contention that the Regional Director lacked the authority to process the petition due to the absence of a Board quorum.
• United Parcel Service, 318 NLRB 778 (1995): This case establishes the 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.
• ABM Onsite Services v. NLRB, 849 F.3d 1137 (D.C. Cir. 2017): This case cited United Parcel Service in support of the principle that the Board will not refer jurisdictional questions to the NMB in certain circumstances.
• Swissport Cargo Services, LP, 52 NMB 25 (2024): In this decision, the NMB discarded its "derivative carrier" test and concluded that the Railway Labor Act applies only to "air carriers," not their contractors.
• Swissport Cargo Services, LP, 373 NLRB No. 144 (2024): The NLRB afforded substantial deference to the NMB's advisory opinion in this case and asserted jurisdiction over the employer.

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