Oak Haven Nursing Home, Inc.

286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Oak Haven Nursing Home, Inc. and Spruce Haven Nursing Home, Inc. and Building Service Em- ployees' International Union, Local 542, AFL- CIO, and United Hospital Workers, R.W.D.S.U., AFL-CIO, Local 35. Case AO-1 10 January 23, 1968 ADVISORY OPINION This is a petition filed on December 18, 1967, by Oak Haven Nursing Home, Inc., and Spruce Haven Nursing Home, Inc., herein called Em- ployer Oak Haven and Employer Spruce Haven, respectively, for an Advisory Opinion in conformi- ty 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 presently pending before the Labor Relations Commission of the Commonwealth of Massachusetts, herein called State Commission, petitions in Cases CR-3080; CR-3081; CR-3095; CR-3096, filed by Building Service Employees' In- ternational Union, Local 542, AFL-CIO, and United Hospital Workers, R.W.D.S.U., AFL--CIO. Local 35, herein called Unions, seeking to be certified as collective-bargaining representa- tives of certain employees of the Employers. 2. Both Employers are Massachusetts corpora- tions, engaged in the operation for profit of nursing homes in Boston, Massachusetts. 3. During the past 9 months, the Employer Oak Haven received gross revenues of $100,945 while Employer Spruce Haven received $99,234. There is no allegation as to the extent, if any, to which the Employers make direct or indirect purchases from outside of Massachusetts or make sales or render services directly or indirectly outside of Mas- sachusetts, or are otherwise affected by activities having a significant impact on interstate commerce. 1 University Nursing Home, Inc, 168 NLRB 263. 4. The State Commission has made no findings with respect to the aforesaid commerce data which is neither admitted nor denied. 5. There is no representation or unfair labor practice proceeding involving the same labor dispute now pending before the Board. 6. Although served with the copy of the petition for Advisory Opinion herein, no response as pro- vided by the Board's Rules and Regulations has been filed by the Unions. On the basis of the above, the Board is of the opinion that: 1. The Employers operate nursing homes for profit at Boston, Massachusetts. 2. The current standard for the assertion of ju- risdiction over proprietary nursing homes within the Board's legal or statutory jurisdiction is a gross volume of business of $100,000 per annum.' The gross volume of business of each of the Employers when projected for a 12-month period exceeds $100,000 and therefore satisfies the dollar volume test of the Board's standard for the assertion of ju- risdiction over nursing homes. Although the nursing home industry as a whole affects commerce,2 no evidence - such as direct or indirect out-of-State purchases, sales, or services by the Employer - has been submitted in this proceeding to show that the operations of each of the Employers themselves af- fect commerce and would be subject to the Board's legal or statutory jurisdiction. In these circum- stances, the Board is unable to make a meaningful determination as to whether or not legal or statutory jurisdiction exists over the operations of the in- dividual Employers. Accordingly, the parties are advised under Sec- tion 102.103 of the Board's Rules and Regulations, that on the allegations submitted herein, which establish that the Employers' operations meet the annual gross volume of business test for nursing homes, the Board is unable to conclude whether or not it could assert jurisdiction over the operations of the Employers herein. 2 Ibid. 169 NLRB No. 46