25 NMB No. 122
September 23, 1998
John J. Gallagher, Esq.
Counsel for The SABRE Group
Paul, Hastings, Janofsky & Walker LLP
1299 Pennsylvania Avenue, NW
Washington, DC 20004-2400
Arthur M. Luby, Esq.
Counsel for Transport Workers Union of America
O'Donnell, Schwartz & Anderson, P.C.
1300 L Street, NW, Suite 1200
Washington, DC 20005
Re: NMB File No. CJ-6642
The SABRE Group
On July 20, 1998, The SABRE Group (SABRE) submitted a "Request For Determination of Railway Labor Act Jurisdiction." SABRE requests that the Board issue a determination that SABRE is subject to the Railway Labor Act and is a separate carrier from American Airlines. SABRE included with the request a copy of the decision in Duane Verrett v. The SABRE Group, Inc., No. 97CV782 K (J) (N.D. Okla. Feb. 25, 1998). The principal issue in Verrett was whether SABRE is exempt from the overtime provisions of the Fair Labor Standards Act because it is subject to the Railway Labor Act. The Court granted SABRE's motion to stay the proceedings pending a determination by the Board as to whether SABRE is subject to the Railway Labor Act. For the reasons stated below, the request for a determination of jurisdiction is denied.
The request by SABRE is not submitted pursuant to a representation application filed by an organization or an individual alleging a representation dispute under the Act. Jurisdictional determinations by the NMB are limited to representation cases properly brought under the Railway Labor Act and filed in conformance with the Board's Rules, as well as specific referrals to the NMB by the National Labor Relations Board.
Review of SABRE's request and the accompanying documents establish that this is a request for an advisory opinion. It is long-standing Board policy not to issue advisory opinions. America West Airlines, 17 NMB 226 (1990); Conrail, 15 NMB 80 (1988); Sky Chefs, Inc., 13 NMB 340 (1986); United Air Carriers, Inc. d/b/a Overseas National Airways, 12 NMB 269 (1985); Transamerica Airlines/Trans International, 12 NMB 204 (1985); and Air Florida, Inc., 8 NMB 587 (1981). In Transamerica Airines/Trans International, supra, the Board stated:
Board policy is, with few exceptions, to limit representation determinations to specific disputes properly brought under Section 2, Ninth, of the Act. A dispute within the meaning of Section 2, Ninth, is normally characterized by the filing of an Application for Investigation of a Representation Dispute, accompanied by a sufficient showing of interest, pursuant to Part 1203.2 of the NMB Rules.
The request by SABRE is not filed pursuant to Part 1203.2 of the NMB Rules alleging a representation dispute. It is not a specific referral to the NMB from the National Labor Relations Board.
For the above reasons, the request is denied.
By direction of the NATIONAL MEDIATION BOARD.
Stephen E. Crable
Chief of Staff