Furusato Hawaii, Ltd.

FURUSATO Furusata Hawaii, Ltd. and Hawaii Teamsters & Allied Workers, Local 996. Case AO-135 July 15, 1971 ADVISORY OPINION Petition herein was filed April 21, 1971, by Furusato Hawaii, Ltd., herein called the Employer, pursuant to 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 that: 1. There is pending before the Hawaii Employ- ment Relations Board, Department of Industrial Relations, State of Hawaii, an unfair labor practice proceeding, Docket No. 71-3, filed on March 22, 1971, charging'the Employer with discrimination in regard to hire, tenure of employment, and other, terms and conditions of employment of one of-its employees in order to discourage her membership in the Union. 2. The-Employer is a Hawaii corporation engaged in the operation of a Japanese-style restaurant at the Waikiki Grand..Hotel in Honolulu, Hawaii. 3. The Employer alleges that during the past year in the course and conduct of its restaurant business, it had gross sales of approximately $480,000 and that it annually purchased goods, and materials valued in excess-of $50,000, directly and indirectly, from places outside the State of Hawaii. The Employer further alleges that in August 1971, it will open a second and larger Japanese-style restaurant in a Honolulu hotel which is expected to produce a gross revenue of approximately $60,000 a month. It is also alleged that the Union will admit the foregoing commerce data HAWAII, LTD. 105 except as to the amount of gross revenues expected for the new restaurant. 4. The Hawaii Employment Relations Board has made no findings with respect to the aforesaid commerce data. 5. There is no representation or unfair labor practice proceeding involving the same labor dispute pending before the National Labor Relations 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 other party. On the basis of the above, the Board is of the opinion that: 1. The f Employer, is engaged in. the operation of a Japanese-style restaurant in Honolulu, Hawaii. 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. The Employer alleges that its current annual gross volume of business is.less than $500,000, which does not meet the standard established by the Board for the assertion of jurisdic- tion over retail enterprises. The Employer additional- ly alleges in general terms that it contemplates the opening of an additional restaurant-in August 1971, which, it 'expects to gross additional revenues- of $60,000 per month. Accordingly, on the basis of the Employer's allegations, the parties are advised that the Board would not assert- jurisdiction herein because: at the time the unfair labor practices are alleged to have been committed and the charges were filed with the Hawaii Employment Relations Board, the operations of the Employer did not meet the Board's standard for the assertion of jurisdiction over retail enterprises. 192 NLRB No. 18