Caribe Lumber and Trading Corp.

CARIBE LUMBER AND TRADING CORPORATION ' 277 America, are entitled to perform the operation of the photo, offset camera at the Employers' Wilkes-Barre, Pennsylvania, plants. 2. Wilkes-Barre Typographical Union No. 187, affiliated with Inter- national Typographical Union, AFL-CIO, is not and has not been lawfully entitled to force or require Llewellyn & McKane, Inc., to assign the above work to employees who are currently represented by Wilkes-Barre Typographical Union No. 187, affiliated with Inter- national Typographical Union, AFL-CIO. 3. Within 10 days from the date of this Decision and Determination of Dispute, Wilkes-Barre Typographical Union No. 187, affiliated with International Typographical Union, AFL-CIO, shall notify the Regional Director for Region 4, in writing, whether or not it will refrain from forcing or requiring Llewellyn & McKane, Inc., by means proscribed by Section 8(b) (4) (D), to assign the work in dis- pute to compositors rather than to pressmen. Caribe Lumber and Trading Corporation and Virgin Islands Labor Union. Case No. A0-79. August 10, 1904 ADVISORY OPINION This is a petition filed on July 13, 1964, by Caribe Lumber and Trading Corporation, herein called the Employer, for an Advisory Opinion in conformity with Sections 102.98 and 102.99 of the National Labor Relations Board's Rules and Regulations, Series 8, as amended. In pertinent part, the petition alleges as follows : 1. There is pending before the Department of Agriculture and Labor, Virgin Islands of the United States at Christiansted, St. Croix, herein called Territorial Department, a proceeding filed by the Virgin Islands Labor Union, herein called the Union, and docketed as Case No. 1-1965, charging the Employer and two of its officers with the commission of an unfair labor practice in the dismissal of Vincente Rosa from its employ. 2. The Employer, a Virgin Islands corporation, is engaged in the retail and wholesale sale of building materials and supplies and in general hardware merchandising. Its principal office and store are located in the Commonwealth of Puerto Rico, while its branch office and store are located in St. Croix, Virgin Islands. The Employer's annual gross volume of business in St. Croix is over $500,000. 3. The Territorial Department has made no findings with respect to the aforementioned commerce data. 4. There is no representation proceeding involving the Employer and the Union presently pending before the Board or the Territorial Department. 148 NLRB No. 29. 278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 5. Although served with a copy for petition of Advisory Opinion, no response as provided by the Board's Rules and Regulations has been filed by the Union. On the basis of the above, the Board is of the opinion that : 1. The Employer is a retail and wholesale enterprise engaged in selling building materials and supplies and in merchandising general hardware in Puerto Rico and St. Croix, Virgin Islands. 2. The Board has determined that where a single integrated enter- prise, as here, encompasses both retail and nonretail operations, it will assert jurisdiction if the total operations of the enterprise meet either the Board's retail or nonretail standards.' 3. The current standard for the assertion of jurisdiction over retail enterprises which fall within the Board's statutory jurisdiction is a gross volume of business of at least $500,000 per annum. Carolina Supplies and Cement Co., 122 NLRB 88. The Employer's operations in the Virgin Islands of the United States and the Commonwealth of Puerto Rico are within the Board's statutory jurisdiction 2 and its more than $500,000 per annum volume of business satisfies the dollar volume test of the Board's standard for the assertion of jurisdiction over retail enterprises. Accordingly, the parties are advised under Section 102.103 of the Board's Rules and Regulations, Series 8, as amended, that on the al- legations submitted herein, the Board would assert jurisdiction over the Employer's operations with respect to disputes cognizable under Sections 8, 9, and 10 of the Act. MEMBER LEEDOM took no part in the consideration of the above Advisory Opinion. 1 Oregon Labor-Management Relations Board (Barbur Boulevard Flying A Truck Stop), 148 NLRB 53 ; Harry Tanere'li, 137 NLRB 743 ; Joseph Crowden and Thomas Crowden, a Partnership, d/b/a Indiana Bottled Gas Company, 128 NLRB 1441. 2 See Section 2(6) of the Act, which provides that "the term 'commerce ' means trade, traffic, commerce, transportation, or communication . . . within the District of Columbia or any Territory. . . . ; cf. The Virgin Isles Hotel, Inc., 110 NLRB 558 ; Sixto Ortega, d/b/a Sixto, 110 NLRB 1917. Staub Cleaners Inc. and Ben Barnet Cleaners Inc. and Local 39, Laundry and Dry Cleaners International Union, AFL-CIO.' Case No. 3-CA-2155. August 11, 1964 DECISION AND ORDER On April 30, 1964, Trial Examiner Louis Libbin issued his Decision in the above-entitled proceeding, finding that the Respondent had 1 Hereinafter referred to as the Union. 148 NLRB No. 30.