Boston College

BOSTON COLLEGE 133 Boston College and Local 254, Building Service budget, which was not considered final, showed that Employees' International Union, AFL-CIO. Case its gross income was $28,034,000. During this last AO-125 fiscal period, the Employer purchased locally approx- imately $10 million worth of materials, supplies, December 10, 1970 furnishings, foods, and books of which 70 percent or ADVISORY OPINION $7 million or more of such goods and materials were manufactured or originated outside the Common- BY CHAIRMAN MILLER AND MEMBERS wealth of Massachusetts. FANNING, BROWN, AND JENKINS 5. Except for the aforementioned unfair labor practice charge in Case l-CA-7170, there is no This is a petition filed on September 25, 1970, by representation or unfair labor practice proceeding Boston College, herein called the Employer, for an involving the same labor dispute pending before the Advisory Opinion in conformity with Sections 102.98 Board. and 102.99 of the National Labor Relations Board's 6. Although served with a copy of the petition, no Rules and Regulations, Series 8, as amended, to response as provided for in the Board's Rules and determine whether the Board would assert jurisdic- Regulations has been filed by any of the parties. tion over the Employer. On the basis of the above, the Board is of the In pertinent part, the petition alleges as follows: opinion that: 1. On June 10, 1970, Local 254, Building Service 1. The Employer is a nonprofit university operat- Employees' International Union, AFL-CIO, herein ing an educational institution in Boston and Newton, called the Union, filed an unfair labor practice charge Massachusetts. in Case UP-2137 with the Massachusetts Labor 2. The current standard for the assertion of Relations Commission, alleging that the Employer jurisdiction over private, nonprofit colleges and had attempted to bargain with another labor organi- universities coming within the Board's legal or zation and had attempted to cancel its collective- statutory jurisdiction is a gross annual revenue from bargaining agreement in effect with the Union. all sources (excluding only contributions which are 2. Thereafter, on June 26, 1970, the Union filed a because of limitation by the grantor not available for charge in Region I of the National Labor Relations use for operating expenses) of not less than $1 Board, docketed as Case -CA-7170, containing million.' The local purchases of $7 million or more of allegations identical to those contained in the unfair materials, supplies, furnishings, foods, and books labor practice charge filed with the Massachusetts which were manufactured or originated outside the Labor Relations Commission. By letter of September Commonwealth of Massachusetts establish the 22, 1970, the Regional Director for Region I notified Board's legal or statutory jurisdiction. The Employ- the parties of his refusal to issue a complaint. er's gross annual revenue of $21,368,413 during the 3. The Employer is a nonprofit university of fiscal year ending June 30, 1969, and of $28,034,000 higher learning, chartered by the Commonwealth of during the fiscal year ending June 30, 1970, exceeds Massachusetts, and located in Boston and Newton, the monetary standard for the assertion of jurisdiction Massachusetts. It currently consists of 12 schools and by the Board over private, nonprofit colleges and colleges, offers programs of study in some 35 universities. 2 academic fields, and enrolls over 10,000 students. Accordingly, the parties are advised, under Section 4. During the fiscal year ending June 30, 1969, the 102.103 of the National Labor Relations Board's Employer's gross annual revenues from tuition and Rules and Regulations, Series 8, as amended, that, fees, investment and other income, auxiliary services, upon the allegations submitted herein, the Board sponsored research contracts and grants, and spon- would assert jurisdiction over the operations of the sored student aid was $21,368,413. During the fiscal Employer with respect to disputes cognizable under year ending June 30, 1970, the Employer's operating Sections 8, 9, and 10 of the Act. I National Labor Relations Board's Rules and Regulations, Section Board that the gross annual revenue includes contributions not available 103.1, published in 35 F.R. 18370, December 3, 1970. for use as operating expenses because of limitations by the grantor, it is 2 Absent an affirmative showing in the documents submitted to the presumed that the revenues do not include such contributions.