Fred L. Roberts

392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. The Employer has no objections to the assertion of jurisdiction by the National Labor Relations Board. C. On the basis above, the Board is of the opinion that: 1. The Employer, operating a radio station ; is engaged in the busi- ness of commercial radio programing and transmission. 2. The Employer's gross volume of business was $75,517.07 for the fiscal year ending August 29, 1959, and was $85,387.94 for the fiscal year ending August 27, 1960. If the Board were to project for a year the figure of $26,698.25 for the 15-week period between August 27 to December 10, 1960, the gross volume of business would be $92,553.93. 3. The Board's standard for exercising jurisdiction over enterprises engaged in the operation of radio stations is a minimum gross volume of business of $100,000 per annum. Raritan Valley Broadcasting Company, Inc., 122 NLRB 90. Accordingly, the parties are advised, pursuant to Section 102.103 of the Board Rules and Regulations, Series 8, that : The Board would not assert jurisdiction herein because the facts submitted do not establish that the Employer's operations meet the Board's standard for asserting jurisdiction over radio stations. Fred L. Roberts and Plumbers and Pipefitters Local Union No. 350 and Sheet Metal Workers Local Union No. 26. Case No. AO-f20. February 16, 1961 ADVISORY OPINION This is a petition filed by Plumbers and Pipefitters Local Union No. 350 and Sheet Metal Workers Local Union No. 26, herein jointly called Petitioners, under the Board's applicable Rules and Regula- tions, requesting an advisory opinion as to whether it would assert jurisdiction over the operations of Fred L. Roberts. Said petition alleges in substance that : 1. Petitioners are defendants in a suit brought against them by said Roberts in the First Judicial District Court of the State of Nevada. Said case is docketed as Case. No. 22720 in said court. (The nature of said suit is not given.) 2. Said Roberts, since April 1960, has been engaged in'Carson City, Nevada, as a subcontractor in the plumbing, heating, and air- conditioning business. Prior to that time he was engaged at Fresno, California, in a similar business. 3. During the first quarter of 1960, while he was operating in Cali- fornia, Roberts purchased materials valued at $38,875, approximately half of which came to him "directly or indirectly from outside that State." When he removed his business to Nevada, Roberts took with him and transferred approximately "$7,000 worth of these materials" 130 NLRB No. 40. FRED L. ROBERTS 393 During the 8-month period from April through November 1960, Rob- erts purchased goods valued in excess of $47,500, "some of which were shipped directly from outside the State of Nevada, and some of which were delivered to him by Nevada suppliers who, in turn, re- ceived them from outside that State." During that 8-month period Roberts sold materials valued at approximately $20,000. 4. The petition further alleges that one "Mr. Nelson represents, and for purposes of this petition Petitioners admit," the overments in the above paragraphs numbered 1, 2, and 3. No response as provided by the Board's Rules and Regulations has been filed by Roberts. On the basis of the above, the Board is of the opinion that : 1. Roberts is engaged as a subcontractor in the business of plumb- ing, heating, and air-conditioning. His Nevada payments for ma- terials, projected for 9 months at $5,937.50 per month, would amount to $71,250, which, added to his California payments of $38,875, would total $110,125 for the calendar year 1960. Nevertheless, it is conjec- tural as to what percentage of his total purchases represents direct or indirect inflow as those terms are described in Siemons Mailing Serv- ice, 122 NLRB 81,'85. Although it appears that half of the California purchases, or about $19,437.50, constitute direct or indirect inflow, nevertheless it is a matter of surmise as to what part of the Nevada purchases constitute direct or indirect inflow. No outflow is dis- cernible. 2. 'Current Board standards relating to nonretail enterprises which fall within its statutory jurisdiction require an annual minimum of $50,000 inflow or outflow, direct or indirect. Siemons Mailing Service, 122 NLRB 81; Frank Schafer, Inc., 127 NLRB 210; Midwest Piping Co., Inc., et al., 127 NLRB 408. Accordingly, the parties are advised, pursuant to Section 102.103 of the Board's Rules and Regulations, as follows: 1. Although Fred L. Roberts is engaged in commerce within the meaning of Section 2(6) and (7) of the Act, the Board would not assert jurisdiction over him on the facts submitted because they fail to show direct or indirect outflow or inflow of at least $50,000 in any given year. See Frank Schafer, Inc., 127 NLRB 210; James D. Jack- son, d/b/a Jackson's Party Service, 126 NLRB 875. On the facts before it the Board is unable to conclude that Roberts has any outflow at all and that his computable inflow amounts to no more than $26,437.50. Mere allegations that Roberts has "some" purchases "shipped to him directly from outside the State of Nevada" and "some . . . which were delivered to him by Nevada suppliers who, in turn, received them from outside that State" are inadequate to estab- lish inflow. See Frank Schafer, Inc., supra. Cf. James D. Jackson, d/b/a Jackson's Party Service, supra. Hence the Nevada operations of Roberts have not contributed to his ascertainable inflow.