Waianae Coast Day Care Centers, Inc.

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Waianae Coast Day Care Centers, Inc. and United Public Workers, Local 646, AFSCME, AFLCIO. Case AO-199 August 12, 1977 ADVISORY OPINION On June 20, 1977, Waianae Coast Day Care Centers, Inc., herein called the Employer, filed a petition, with exhibits, for an advisory opinion, in conformity with Sections 102.98 and 102.99 of the National Labor Relations Board's Rules and Regula- tions, Series 8, as amended, seeking to determine whether the Board would assert jurisdiction over the Employer. United Public Workers, Local 646, AFSCME, AFL-CIO, herein called the Union, filed a response thereto. In pertinent part, the petition and exhibits and the response allege as follows: 1. There is pending before the Hawaii Employ- ment Relations Board, herein called the State Board, a complaint, docket number HERB 76-12, filed by the Union, alleging that the Employer has refused, and continues to date to refuse, to bargain with the Union, which has been certified by the State Board since 1975 as the representative of the Employer's employees. 2. By its petition and exhibits, the Employer asserts that it is a Hawaii nonprofit corporation engaged in providing day care services to the State of Hawaii, Department of Social Services and Housing, in the amount of $326,530, pursuant to a written contract effective July 1, 1976, to June 30, 1977,1 $245,605 of which figure (approximately 75 percent), is disbursed to the State of Hawaii, Department of Social Services and Housing, by the Federal Govern- I The contract, which has been submitted by the Employer as an exhibit, states that the agreement "shall take effect on the Ist day of July, 1976, and ment pursuant to Title XX of the Social Security Act. Other than the above, the Employer does not allege that its operations affect interstate commerce. 3. The above commerce data has been neither admitted nor denied by the Union, nor has the State Board made any findings in connection therewith. 4. There is no representation or unfair labor practice proceeding involving the same labor dispute 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 and Regulations, has been filed by the State Board. On the basis of the foregoing, the Board is of the opinion that: i. The Employer is a nonprofit corporation engaged in providing day care services to the State of Hawaii, Department of Social Services and Housing. 2. The entire submission by the Employer relates to a contract entered into between it and the State of Hawaii, Department of Social Services and Housing, effective July 1, 1976, to June 30, 1977. In view of the fact that said contract has expired and does not contain a renewal option, and in the absence of evidence that there is in effect an agreement between the Employer and the State of Hawaii providing for the continuation and financing of the Employer's operations involved herein, we are unable to make a meaningful determination with respect to the juris- dictional issue which has been raised herein. Accordingly, it is hereby ordered that the petition for an advisory opinion herein be, and it hereby is, dismissed. The Board's dismissal is not to be construed as a determination of the merits of the jurisdictional issue. shall terminate on the 30th day of June, 1977, unless sooner terminated ... ." The contract does not contain a renewal option. 231 NLRB No. 54 334