Garland Junior College

358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Garland Junior College and Local 186, Cooks and Pas- try Cooks Association. Case AO-127 February 3, 1971 ADVISORY OPINION This is a petition filed on December 15, 1970, by Garland Junior College, 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, and Section 101.39 of the Board's Statement of Proce- dure to determine whether the Board would assert jurisdiction over the Employer. In pertinent part, the petition alleges as follows: 1. On November 4, 1970, Local 186, Cooks and Pastry Cooks Association, herein called the Union, filed an unfair labor practice charge in Case UP-2152 with the Massachusetts Labor Relations Commission, alleging that the Employer unilaterally and without consultation or negotiations with the Union eliminat- ed $5 per week travel money from the employees in the bargaining unit. 2. The Employer is incorporated under the laws of the Commonwealth of Massachusetts as a nonprofit, educational institution, and is located in Boston, Mas- sachusetts. It currently offers 2-year academic pro- grams in two major areas, home economics and art, which offer a choice of special concentration in eight specific areas. The Employer is fully accredited by the New England Association of Colleges and Secondary Schools and is authorized to grant the Associate in Science degree by the Board of Collegiate Authority of the Commonwealth of Massachusetts. There is a student population of 420 for the academic year 1970- 71. 3. During the fiscal year ending June 30, 1970, the Employer's gross annual revenues from tuition and fees; investment and other income, including trans- fers from development fund and government and oth- er gifts and grants; and from auxiliary activities was $1,570,114. In its fiscal years ending on June 30, 1969, and June 30, 1970, the Employer had a gross annual revenue of at least $1 million, excluding contributions which, because of limitation by the grantor, were not available for use for operating expenses. The total purchases of the Employer for fiscal year 1969-70 were $790,000, which included store purchases (books and supplies) of $30,000. Of these store purchases, approximately 40 percent were made for resale direct- ly from out-of-state suppliers, while 60 percent of the purchases were from local suppliers, over 50 percent of which originated outside the Commonwealth of Massachusetts. The $85,000 annual purchases of food for the Employer's 13 resident houses were made from local suppliers, of which about 80 percent originated from outside the Commonwealth. 4. There is no representation or unfair labor prac- tice proceeding involving the same labor dispute pending before the Board. Although served with a copy of the petition, no response as provided for in the Board's Rules and Regulations has been filed by any of the parties. On the basis of the above, the Board is of the opin- ion that: 1. The Employer is a nonprofit junior college oper- ating an educational institution in Boston, Massachu- setts. 2. The current standard for the assertion of jurisdic- tion over private, nonprofit colleges and universities coming within the Board's legal or statutory jurisdic- tion is a gross annual revenue from all sources (ex- cluding only contributions which are, because of limitation by the grantor, not available for use for operating expenses) of not less than $1 million.' The Employer's gross annual revenue of this type was more than $1 million during the fiscal year ending June 30, 1970, and exceeds the monetary standard for the assertion of jurisdiction by the Board over private, nonprofit colleges and universities. The Employer's direct and indirect out-of-state purchases of books, supplies, and food which originated outside the Com- monwealth of Massachusetts constitute direct and in- direct inflow and establish the Board's legal or statutory jurisdiction. Accordingly, the parties are advised, under Section 102.103 of the National Labor Relations Board's Rules and Regulations, Series 8, as amended, that, upon the allegations submitted herein, the Board would assert jurisdiction over the operations of the Employer with respect to disputes cognizable under Sections 8, 9, and 10 of the Act. ' National Labor Relations Board's Rules and Regulations, Section 103 1, published in 35 F R 18370, December 3, 1970