Culinary Alliance and Bartenders Local No. 425

236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Culinary Alliance and Bartenders Local No. 425 of the Hotel and Restaurant Employees and Bartenders In- ternational Union, AFL-CIO and Edelweiss, Inc. Case AO-148 August 3, 1973 ADVISORY OPINION This is a petition filed on June 15, 1972, by Culinary Alliance and Bartenders Local No. 425 of the Hotel and Restaurant Employees and Bartenders Interna- tional Union, AFL-CIO, herein called the Petitioner, for an Advisory Opinion in conformity with Sections 102.98 and 102.99 of the Board's Rules and Regula- tions, Series 8, as amended. In pertinent part, the petition alleges as follows: 1. There is pending in the Superior Court of the State of Washington for Clark County, herein called the State Court, an injunction suit, docket No. 55479, filed by Edelweiss, Inc., herein called the Employer, seeking to restrain the Petitioner's picketing of the Employer's restaurant with the alleged purpose of coercing the Employer and its employees to join the Petitioner. 2. Since approximately March 23, 1973, the Em- ployer, a Washington corporation, has been engaged in the operation of a restaurant, serving food and beverages, at 8800 Highway 99, Vancouver, Washing- ton. For the month of March 1973, the Employer's gross volume of business was $9,269, while for the months of April and May, the gross volume of busi- ness was $51,625 and $50,675, respectively. This gross volume of business is the result of both direct inflow and indirect inflow from interstate commerce. The aforesaid commerce data were supplied by the Employer's accountant. 3. The State Court has made no findings respecting the aforesaid commerce data. Instead of conducting a hearing, the State Court requested the parties to file a petition for Advisory Opinion with the Board. 4. No representation or unfair labor practice pro- ceeding involving the same labor dispute is pending before the Board. 5. Although served with a copy of the petition for Advisory Opinion, no response as provided by the Board's Rules and Regulations has been filed by any party. On the basis of the above, the Board is of the opin- ion that: 1. The Employer is a retail enterprise operating a restaurant in Vancouver, Washington. 2. The current standard for the assertion of juris- diction over retail enterprises which fall within the Board's statutory jurisdiction is a gross volume of business of at least $500,000 per annum.' The gross volume of business during the more than 2-month period of the Employer's operations, projected on an annual basis, would exceed $500,000 and therefore meets the dollar-volume test of the Board's standard for asserting jurisdiction over retail enterprises.2 The gross volume of business has resulted from interstate commerce, and therefore brings the Employer's oper- ations within the Board's statutory jurisdiction. Accordingly, the parties are advised, under Section 102.103 of the Board's Rules and Regulations, Series 8, as amended, that, on the allegations here present, the Board would assert jurisdiction over the opera- tions of the Employer with respect to labor disputes congnizable under Sections 8, 9, and 10 of the Act. Carolina Supplies and Cement Co, 122 NLRB 88 ,Jay's Sparkle Market, 142 NLRB 1332 , City Line Open Hearth, Inc, 141 NLRB 799 205 NLRB No. 48