Yellow Cab Co., Inc.

YELLOW CAB CO. 173 Yellow Cab Company, Inc. and Local No. 228, Transport Workers Union of America, AFL-CIO. Case AO-189 December 9, 1976 ADVISORY OPINION A petition and brief in support thereof were filed on August 27, 1976, and September 13, 1976, respective- ly, by Yellow Cab Company, Inc., 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, seeking to determinewhether the Board would assert jurisdiction over the activities of the Employer with respect to. the unfair. , labor practice case pending before the Court-of Industrial Relations of the State-of-Nebraska, herein called the State Board. On September 1, 1976, Local No. 228; Transport Workers Union of America, AFL-CIO, herein called the Union, filed a response, with exhibits, to the petition for an advisory opinion.' In pertinent part, the petition and brief and the Union's response allege as follows: 1. There is pending before the State Board a petition, Case 170, filed by the Union alleging that the Employer refused to =bargain in good faith with the Union which is the duly certified bargaining agent for the taxicab driver-employees of the Em- ployer.2 2. The Employer, with' its principal place of business in Omaha, Nebraska, is engaged in the business of operating a taxicab company which services include transporting passengers to and from bus depots, airline terminals, -railroad terminals, etc. It also transports passengers across the state line into the State of Iowa. During the past calendar year, the Employer had a gross annual volume of business in excess of $900,000. Purchases of replacement parts, i In its response to the petition for an advisory opinion, the Union asserts that it is not merely complaining of the alleged unfair labor practice involved herein, but rather it is seeking to have enforced arbitration by the State Board, so that the entire matter of the dispute can be fully resolved. 2 A collective-bargaining agreement between the parties expired on June 23,11975, and since that date the parties have been operating on a temporary extension of the old agreement. -The temporary agreement is subject to. tires, gas, and oil for use in the Employer's opera- tions, from sources which obtain them from outside Nebraska, were in excess of $100,000. 3. The State Board has made no findings with respect to the aforesaid commerce data, and the Union does not dispute this data which the Employer supplied. 4. No representation or unfair labor practice proceeding involving this labor dispute is pending before this Board. - 5. Although served with a copy of the petition for advisory opinion, no response as provided by the Board's Rules has been filed by the State Board. On the basis of the above, the Board is of the opinion that: 1. The- Employer is engaged in the business of operating- a taxicab company, which services include transporting passengers to and from bus depots and airline and railroad terminals and across the state line. 2. The current standard for the Board's assertion of jurisdiction over a retail enterprise which falls within its statutory jurisdiction is that such an enterprise must do a gross volume of business totaling at least $500,000 annually.3 As the Employer's volume of business exceeds the $500,000 minimum prescribed for retail enterprises, and as its indirect out-of-state purchases of replacement parts, tires, gas, and oil which originated outside the State of Nebras- ka constitute indirect inflow and establish the Board's legal or'-statutory jurisdiction, we conclude that it would effectuate the policies of the Act to assert jurisdiction herein. Accordingly, the parties are advised under Section 102.103 of the Board's Rules and Regulations, Series 8, as amended, that on the allegations submitted herein the Board would assert jurisdiction over the Employer's operations with respect to disputes cogni- zable under Sections 8, 9, and 10 of the Act. cancellation by either party upon 2 weeks' written notice. On April 2, 1976, the Employer gave notice of the termination of the temporary agreement effective April 23, 1976. 3 The term retail enterprise is deemed to include taxicab companies. See Carolina Supplies and Cement Co., 122 NLRB 88, fn. 5 (1958). See also Cab Services, Inc., d/b/a Red and White Airway Cab Company, 123 NLRB 83 (1959). 227 NLRB No. 35