Syracuse Liederkranz, Inc.

782 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Syracuse Liederkranz , Inc. and Hotel and Restau- rant Employees Union, Local 150, Syracuse, New York. Case AO-105 July 13, 1967 ADVISORY OPINION This is a petition filed on June 23, 1967, by Syracuse Liederkranz , Inc., herein called the Em- ployer, for an Advisory Opinion in conformity with Section 102.98 and 102 .99 of the National Labor Relations Board Rules and Regulations, Series 8, as amended. Although served with a copy of the Peti- tion for Advisory Opinion, Hotel and Restaurant Employees Union, Local 150, Syracuse, New York, herein called the Union , filed no response to the instant petition as provided by the Board Rules and Regulations. In pertinent part, the petition alleges as follows: 1. Pending before the New York State Labor Board, herein called the State Board , is an unfair labor practice proceeding (Case CU-1417) filed by the Union against the Employer. 2. The Employer, a New York membership cor- poration, is a nonprofit singing and eating club hav- ing its sole place of business at 639 Butternut Street, Syracuse , New York. 3. During the calendar year 1966, the Employer had an annual gross income of more than $275,000, but less than $500,000. This income was derived from the restaurant operation and did not include dues of members. Although it made no purchases ' University Club, 151 NLRB 23, Walnut Hills Country Club, 145 NLRB 81 directly from firms or individuals located outside the State of New York, the Employer made in ex- cess of $100,000 purchases indirectly from out-of- State firms or individuals. 4. No finding has yet been made by the State Board with respect to the commerce data set forth above which, according to the Employer's informa- tion and belief, the Union does not deny. 5. No representation or unfair labor practice proceeding involving the same dispute is now pend- ing before the Board. On the basis of the above, the Board is of the opinion that: 1. The Employer operates a nonprofit singing and eating club at Syracuse, New York, and is basi- cally a retail enterprise to which the Board's retail jurisdictional standard is applicable.' 2. The Board's current standard for the assertion of jurisdiction over retail enterprises within its statutory jurisdiction is an annual gross volume of business of at least $500,000 (Carolina Supplies and Cement Co., 122 NLRB 88,89). As the Em- ployer's annual gross volume of business, not in- cluding membership dues, is less than $500,000,2 the Board's discretionary standard for the assertion of jurisdiction over the Employer's operations has not been met.3 Accordingly, the parties are advised under Sec- tion 102.103 of the Board Rules and Regulations, Series 8, as amended, that on the allegations sub- mitted herein, the Board would not assert jurisdic- tion over the Employer's operations. Woodland Hills Country Club, 146 NLRB 330 /bid , Walnut Hills Country Club, supra , cf University Club, supra 166 N LRB No. 89