Pennsylvania Labor Relations Board

PENNSYLVANIA LABOR RELATIONS BOARD 323 Pennsylvania Labor Relations Board andGeorge Jun- ior Republic and Pennsylvania Social Services Union, Service Employes International Union, AFL-CIO. Case AO-160 December 5, 1974 ORDER DISMISSING PETITION FOR ADVISORY OPINION On September 3, 1974, the Pennsylvania Labor Rela- tions Board, a departmental agency of the Common- wealth of Pennsylvania under the Department of Labor and Industry, herein called the State Board, filed a petition pursuant to Sections 102.98 and 102.99 of the National Labor Relations Board's Rules and Regula- tions, Series 8, as amended, requesting an advisory opinion concerning the State Board's jurisdiction over George Junior Republic, herein called the Employer. Thereafter, the Employer filed a response to the State Board's petition. Op April 18, 1974, the Pennsylvania Social Services Union, Service Employes ' International Union, AFL-CIO, herein called the Union, filed with the State Board a representation proceeding involving the Em- ployer, docketed to Case No. PERA-R-4938-W. The State Board's petition sets forth the Employer's contention that it is not subject to the jurisdiction of the State Board because it is not a public employer within the meaning of section 301(1) of the Public Employe Relations Act of the Commonwealth of Pennsylvania, and it has an income in excess of $1 million, $570,000 of which is derived from outside the Commonwealth of Pennsylvania. The Board has duly considered the allegations of the petition and the Employer's response. The Board's ad- visory opinion proceedings "are designed primarily to determine questions of jurisdiction by application of the Board's discretionary standards to the `commerce' operations of an employer."` The basic issue pre- sented herein is whether the Employer is an "em- ployer" within the meaning of Section 2(2) of the Act or excluded therefrom as a "political subdivision" (of the Commonwealth of Pennsylvania). As this issue does not fall within the intendment of the Board's advi- sory opinion rules, we shall dismiss the petition herein.' Accordingly, it is hereby ordered that, for the rea- sons set forth above, the petition for an advisory opin- ion herein be, and it hereby is, dismissed. I Pennsylvania Labor Relations Board (The Board of Trustees,SetonHill College), 197 NLRB 627 (1972). 2 lbid 215 NLRB No. 55