Leisure Village Association, Inc.

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Leisure Village Association, Inc. and Local 806, Inter- national Brotherhood of Teamsters. Case AO 206 May 16, 1978 ADVISORY OPINION A petition, with attachment, was filed on Decem- ber 23, 1977, by Leisure Village Association, Inc., herein called the Petitioner, for an advisory opinion in conformity with Sections 102.98 and 102.99 of the National Labor Relations Board's Rules and Regula- tions, Series 8, as amended, seeking to determine whether the Board would assert jurisdiction over the Petitioner's operations. On January 16, 1978, Local 806, International Brotherhood of Teamsters, herein called the Union, filed an opposition, with exhibit attached thereto. On February 13, 1978, Petitioner filed supplemental jurisdictional facts and memoran- dum in support of advisory opinion. In pertinent part the petition, supplement, and op- position allege as follows: (1) There is pending before the New York State Labor Relations Board, herein called the state board, Docket Nos. SU-50723 and SU-50795 through SU- 50821, unfair labor practices filed by the Union al- leging, inter alia, that the Petitioner has failed and refused to bargain with the Union as the duly elected and certified collective-bargaining representative of a unit of all office clerical employees and a unit of service and maintenance employees employed by the Petitioner.' (2) The Petitioner, a membership corporation of the State of New York, is an Association of owners or co-owners of condominium units called Leisure Village located at Whiskey Road, Ridge, Suffolk County, New York. The Petitioner is engaged in the business of managing and maintaining said condomi- nium units. During the year April 1, 1976, through September 30, 1977, the Petitioner received revenues in the form of monthly maintenance fees in excess of The Union's opposition alleges that In November 1973 it filed a petitilon for an election at the National Labor Relations Board. Region 29, seeking a unit of clerical employees employed by the Petitioner. Upon investigation and the Petitioner's contention that it was a condominium management corporation under the laws of the State of New York and the type of organi- zation of which the National Labor Relations Board does not take jirisdic- tion. the Union withdrew its petition as to the Petitioner. $1 million and in excess of $200,000 from the sponsor corporation, Leisure Village at Shoreham, Inc., and from Leisure Technology Corporation, parent of the sponsor corporation, to cover certain obligatory costs. The Petitioner incurred operating expenses in excess of $1 million. The Petitioner purchased goods, supplies, and services in interstate commerce in ex- cess of $50,000. (3) The Union neither admits nor denies the afore- said commerce data and the state board has made no findings with respect thereto. (4) There is no representation or unfair labor practice proceeding involving the same labor dispute pending before the Board. (5) No response to this petition, as provided by the Board's Rules and Regulations, has been filed by the state board. On the basis of the above, the Board is of the opin- ion that: The Board's advisory opinion proceedings are de- signed primarily to determine questions of jurisdic- tion by application of the Board's discretionary stan- dards to the "commerce" operations of an employer.' The Board has not established a standard governing exercise of its jurisdiction over enterprises engaged in managing and maintaining condominiums.3 The sub- missions by the Petitioner and the Union raise the issues of whether the Petitioner herein and its spon- sor corporation and the sponsor's parent corporation are a single employer and whether the relationship of the Petitioner to the unit owners is one of doing busi- ness. As these issues do not fall within the intend- ment of the Board's advisory opinion rules,4 we shall dismiss the petition herein. Accordingly, it is hereby ordered that the petition for advisory opinion be, and it hereby is, dismissed. PennshlIania Labor Relations Board (George Junior Republic). 215 NLRB 323 (1974): Globe Securiti Systems. Inc., 209 NLRB 35 (1974): Robert C (olemn., et al., 180 NLRB 529 (1969): International Air Service. Inc. of San Juan. Puerto Rico, 165 NLRB 584 (1967). In a situation involving a nonprofit corporation engaged in the business of operating and maintaining a condominium, the Board, at that time. de- clined to assert jurisdiction therein, on the ground that as the employer was apparently the creature of unit owners, each of whom shared only generally in its services, and served as an instrumentality through which the owners merged together to share collectively in meeting the expenses entailed in maintaining the upkeep and appearance of their property, it was not clear that the relationship between the employer and the unit owners was one of doring business. See Point East Condominium Owners Assoriation. Inc., 193 NLRB 6 (1971). ' See cases cited in fn. 2. 236 NLRB No. II 102