Stone Ends, Inc.

STONE ENDS MOTEL 939 Stone Ends, Inc., and Luciano Junco d/b/a Stone Ends Motel and Hotel, Motel Restaurant Em- ployees & Bartenders Union, Local 471, AFL-CIO. Case AO- 122 August 18, 1970 ADVISORY OPINION This is a petition filed on July 17, 1970, by Stone Ends, Inc., and Luciano Junco d/b/a Stone Ends Motel, herein called the Petitioners, for an Adviso- ry Opinion in conformity with Section 102.98 and 102.99 of the National Labor Relations Board's Rules and Regulations, Series 8, as amended. Although served with a copy of the petition for an Advisory Opinion, no response as provided by the Board's Rules and Regulations has been filed by any party. In pertinent part, the petition alleges as follows: 1. There is presently pending before the New York State Labor Relations Board, herein called the State Board, a representation proceeding with docket number Case CE-1515, to which the only parties are the Petitioners and Hotel, Motel Restau- rant Employees & Bartenders Union, Local 471, AFL-CIO, herein called the Union. 2. Stone Ends, Inc., a New York corporation, operates a restaurant known as Stone Ends Restau- rant on U.S. Route 9W, at Glenmont, New York, while Luciano Junco, operates a motel known as Stone Ends Motel at the same location. Operating from a common situs, the Petitioners convey to the public the impression that they are an integral part of a single enterprise. Thus, restaurant patrons util- ize the motel parking facilities, while motel guests frequently dine at the restaurant. 3. During the fiscal year 1969, the motel's gross revenues were approximately $70,000, while the restaurant's gross revenues were approximately $281,000, for a combined total of $357,000 gross annual volume of business. During 1969, the restaurant purchased food, liquor, and supplies valued at approximately $143,000, of which $17,000 represented direct purchases from outside the State of New York, while $62,613 represented purchases from local suppliers who themselves received in excess of $50,000 worth of merchandise from outside the State of New York. The Peti- tioners contend that the $17,000 constitutes direct inflow and the $62,613 constitutes indirect inflow, so that they had a combined direct and indirect in- flow of $79,613 during 1969. 4. The State Board has made no findings with respect to the aforesaid commerce data which has been neither admitted nor denied. 5. There is no representation or unfair labor practice proceeding involving the same labor dispute pending before the Board. On the basis of the above , the Board is of the opinion that: 1. The Petitioners operate a restaurant and motel on Route 9W at Glenmont , New York, which are enterprises to which the Board 's retail and/or motel standards apply.' 2. For purposes of this Advisory Opinion, the Board assumes that the Petitioners' $79,613 purchases constitute direct and indirect inflow to them. 3. The current Board 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 . The current Board standard for the assertion of jurisdiction over motels, excluding permanent and resident motels, requires, inter alia, that the gross annual revenue must be at least $500,000 . Floridan Hotel of Tampa, Inc., 124 NLRB 261. Although the Petitioners' $80,000 direct and indirect inflow from outside the State of New York established the Board 's legal ju- risdiction , the Petitioners' combined annual gross volume of business is less than $ 500,000 and there- fore does not meet the monetary test of the Board's discretionary standards for the assertion of jurisdic- tion over retail enterprises or motels. Accordingly , the parties are advised, under Sec- tion 102.113 of the Board's Rules and Regulations, Series 8, as amended , that on the allegations sub- mitted herein, the Board would not assert jurisdic- tion over the Petitioners ' operations. See , e g., The Mill Cafe, 154 NLRB 1746, Norwalk Motor Inn, Inc, 136 NLRB 1090 184 NLRB No. 116