The National Labor Relations Board (NLRB) denied Unifi Aviation, LLC's request for review of the Regional Director's decision and certification of representative. The Board found that the request presented no substantial issues warranting further review.

In its decision, the Board clarified its reliance on established precedent regarding jurisdictional questions. Specifically, the NLRB will not refer jurisdictional issues to the National Mediation Board (NMB) when the factual claims are similar to those where the NMB has previously declined jurisdiction. This approach is consistent with prior Board decisions, such as United Parcel Service, 318 NLRB 778 (1995), which was subsequently enforced by the D.C. Circuit. The Board also referenced ABM Onsite Services v. NLRB, 849 F.3d 1137 (D.C. Cir. 2017), which upheld the Board's practice in similar circumstances.

The Board highlighted the NMB's recent decision in Swissport Cargo Services, LP, 52 NMB 25 (2024). In that case, the NMB revised its longstanding "derivative carrier" test, at least concerning air carrier contractors. The NMB concluded that the Railway Labor Act (RLA) applies only to "air carriers" themselves, not to their contractors. Subsequently, in Swissport Cargo Services, LP, 373 NLRB No. 144 (2024), the NLRB afforded the NMB's advisory opinion "substantial deference," a practice consistent with how the Board typically treats such opinions. Based on this deference, the NLRB asserted jurisdiction over Swissport Cargo Services, LP.

Given that Unifi Aviation, LLC is not an air carrier, the Board reasoned that, in line with its precedent in the Swissport decision, the NMB would have declined jurisdiction in this matter. Therefore, the Regional Director's assertion of jurisdiction was deemed appropriate. The Board further clarified that in its Swissport decision, it did not "adopt" the NMB's decision but rather followed its established practice of giving substantial deference to the NMB's opinions, leading to the assertion of jurisdiction.

Significant Cases Cited

• United Parcel Service, 318 NLRB 778 (1995): The Board will not refer jurisdictional questions to the NMB if 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 of considering NMB decisions when determining its own jurisdiction.
• Swissport Cargo Services, LP, 52 NMB 25 (2024): The NMB determined that the Railway Labor Act applies only to air carriers, not their contractors, by discarding its "derivative carrier" test.
• Swissport Cargo Services, LP, 373 NLRB No. 144 (2024): The NLRB asserted jurisdiction over an employer based on substantial deference to an NMB advisory opinion that declined jurisdiction over the employer.
• NLRB v. United Parcel Service, 92 F.3d 1221 (D.C. Cir. 1996): This case enforced the Board's decision in United Parcel Service, confirming the principle of not referring jurisdiction to the NMB when the NMB has previously declined.

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