2961 Marion Realty Associates

2961 MARION REALTY ASSOCIATES, L.L.C. DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 322 NLRB No. 41 2961 Marion Realty Associates, L.L.C. and Service Employees International Union, Local 32E, AFL-CIO. Case AO-339 SEPTEMBER 30, 1996 ADVISORY OPINION BY CHAIRMAN GOULD AND MEMBERS BROWNING AND HIGGINS Pursuant to Sections 102.98(a) and 102.99 of the National Labor Relations Board's Rules and Regulations, on September 4, 1996, 2961 Marion Realty Associates, L.L.C. (the Employer), filed a Petition for Advisory Opinion as to whether the Board would assert jurisdiction over its operations. In pertinent part, the petition alleges as follows: 1. A proceeding, SE59177, a Petition for Investigation and Certification of Representatives Pursuant to Section 705 of the New York State Labor Relations Act, is currently pending before the New York State Employment Relations Board. 2. The Employer is engaged in the real estate business. It manages and controls a residential apartment house located at 2961-2965 Marion Avenue, Bronx, New York. 3. The subject apartment house generates annual rental income in excess of $500,000. During the past year, the Employer made out-of-state oil purchases of $59,867.50, and purchased electricity from Con Edison, which is part of the national power grid, in the amount of $13,900. 4. The Employer is unaware whether the Union admits or denies the aforesaid commerce data, and the New York State Employment Relations Board has not made any findings with respect thereto. Although all parties were served with a copy of the Petition for Advisory Opinion, no response was filed. We have been administratively advised that there are no representation or unfair labor practice proceedings involving the Employer pending before the Board. Having duly considered the matter,\1\ the Board is of the opinion that it would assert jurisdiction over the Employer. The Board has established a $500,000 discretionary standard for asserting jurisdiction over residential buildings.\2\ As the Employer alleges that the building generates in excess of $500,000 per year in income, it is clear that the Employer satisfies the Board's discretionary standard.\3\ As the Employer further alleges that it annually purchases products valued in excess of $50,000 directly from outside the State of New York, the Employer also clearly satisfies the Board's statutory standard for asserting jurisdiction. --------------------------------------------------------------------------- \1\The Board has delegated its authority in this proceeding to a three-member panel. \2\See Parkview Gardens, 166 NLRB 697 (1967). \3\Mandel Management Co., 229 NLRB 1121 (1977). --------------------------------------------------------------------------- Accordingly, the parties are advised that, based on the foregoing allegations and assumptions, the Board would assert jurisdiction over the Employer.\4\ --------------------------------------------------------------------------- \4\The Board's advisory opinion proceedings under Sec. 102.98(a) are designed primarily to determine whether an employer's operations meet the Board's ``commerce'' standards for asserting jurisdiction. Accordingly, the instant Advisory Opinion is not intended to express any view whether the Board would certify the Union as representative of any petitioned-for unit under Sec. 9(c) of the Act. See generally Sec. 101.40 of the Board's Rules. --------------------------------------------------------------------------- Dated, Washington, D.C. September 30, 1996 ____________________________________ William B. Gould IV, Chairman ____________________________________ Margaret A. Browning, Member ____________________________________ John E. Higgins Jr., Member (seal) National Labor Relations Board