The Penson Corp.

556 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ThePenson Corporation and Service Employees International Union, _ Local, 32E, AFL-CIO.- Case AO-250 - 28 May 1985 -ADVISORY OPINION By CHAIRMAN DOTSON AND MEMBERS HUNTER AND DENNIS A petition was filed on 3:-April 1985 by- The Penson Corporation, the Petitioner, for an advisory opinion in conformity with Sections 102.98 and 102.99 of the National: Labor Relations Board' Rules and Regulations, . seeking to determine whether the Board would' assert jurisdiction over the Petitioner. On 15 April, 1985 the Petitioner filed a memorandum- in support of its request for an ad- visory, opinion. In pertinent parts; the petition and memorandum allege as follows: = (1) There is pending-before .the New York State Labor :Relations -Board," the State Board, a repre- sentation petition, Case No.* SE' 55234, filed by Service Employees International Union, Local 32E, AFL-CIO, the Union, seeking to be certified as the exclusive. bargaining representative for cleri- cal employees employed by 'the Petitioner 'at 2103 Honeywell Avenue, Bronx, New York. There also is pending before the State Board Case No. SU- 55296 and Case No. SU-55332, consolidated for hearing, which allege that' the Petitioner' has en- gaged in unfair , labor practices, relating-- to the above representation proceeding. The- Petitioner', has 'nioved' that, the State Board dismiss or, in the alternative, stay all proceedings in the above cases. (2) The Petitioner, a New York corporation, is a managing agent for residential apartment buildings in New York City, in-Nassau County, New York, and in New Jersey. The Petitioner 'has agreements with. the owners of such apartment buildings pro- viding for such services as collecting tenant rents, operating, maintaining, and repairing the apart- ments, purchasing supplies, and performing-all fi- The Petitioner is responsible for the hiring and su- pervision - of the employees who perform clerical work and is responsible for the building services provided to the tenants. By its petition, the Peti- tioner asserts that its gross annual rent revenues exceed` $500,000, and that it purchases more than $50,000 worth of goods, supplies, commodities, and services which originate outside, the State of New York. (3) The Union -neither admits nor denies the commerce data and the State Board has made no findings with respect thereto. - (4) There 'is no representation or unfair labor practice - proceeding involving this labor dispute pending before-this Board. (5) Although all parties were served with a copy of • the petition for-advisory opinion, none has filed a response as permitted by the Board's Rules and Regulations. ' - On the basis of the above, the Board is of the opinion that: - The Petitioner, a -New York corporation, is a management agent for residential apartment build- - ings . located in New York City, Nassau County, New' York, and New Jersey. -It has agreements with the owners of such apartment buildings for such 'services as' collecting rents; operating, main-' taining,"and repairing the 'apartments, purchasing supplies, and performing all financial recordkeeping and reporting obligations.- As the Petitioner's gross annual rent revenues exceed the' $500,000 standard established by the Board for residential apartments, and its purchases of goods and services in interstate commerce exceeds ' $50,000 per annum, i we would assert jurisdiction- over the operations of the Peti- tioner. Accordingly, the parties are advised, under Sec- tion 102.103 of the -Board's Rules and Regulations, that, based on 'the allegations herein made, the Board would assert jurisdiction over the operations of the' Petitioner -with respect to labor disputes cog- nizable under Sections 8, 9, and 10 of the Act. nancial recordkeeping and reporting obligations. , ' See Parkvzew Gardens, 166 NLRB 697'(1967) 275 NLRB No. 79