Sunset Memorial Park Management Corp.

480 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD In the matter of Sunset Memorial Park Management Corporation. Case A0-255 24 June 1987 ADVISORY OPINION BY CHAIRMAN DOTSON AND MEMBERS JOHANSEN, BABSON, STEPHENS, AND CRACRAFT A petition was filed on 22 May 1987 by Sunset Memorial Park Management Corporation (the Peti- tioner) for an advisory opinion in conformity with Sections 102.98 and 102.99 of the National Labor Relations Board Rules and Regulations, seeking a determination whether the Board would assert ju- risdiction over it. In pertinent part the petition alleges as follows: (1) There is pending before the Minnesota Bureau of Mediation Services (BMS) a representa- tion petition, Case 87-R-324, filed by the Interna- tional Union of Operating Engineers, Local No. 49 (the Union), requesting the Union's certification as the exclusive bargaining representative of a unit consisting of all full-time employees of the Petition- er engaged in maintenance, mechanical, and driver- operators work. (2) The Petitioner is a Minnesota corporation which operates a cemetery and crematorium in Minneapolis, Minnesota. (3), During the past fiscal year, the Petitioner had gross revenues equal to or exceeding $1 million and purchased in excess of $50,000 in materials or services directly from outside the State of Minneso- ta. (4) The Petitioner is unaware whether the Union admits or denies the aforesaid commerce data and the BMS has not made any findings with respect thereto. (5) There are no representation or unfair labor practice proceedings involving the Petitioner and the Union pending before the Board. Although all parties were served with a copy of the petition for advisory opinion, none has filed a response as permitted by Section 102.101 of the Board's Rules and Regulations. On the basis of the foregoing, the Board is of the opinion that it would assert jurisdiction over the Petitioner. The Board has traditionally asserted ju- risdiction over the operators of cemeteries whose gross annual revenue exceeds $500,000 and whose annual out-of-state purchases are more than de min- imis. 1 As the Petitioner alleges that its gross reve- nues equaled or exceeded $1 million, and that it made direct out-of-state purchases in excess of $50,000, the Petitioner would satisfy the Board's ju- risdictional standards. Accordingly, the parties are advised that, based on the allegations herein, the Board would assert jurisdiction over the Petitioner. 1 See, e.g., Inglewood Park Cemetery Assn., 147 NLRB 803 (1964), enfd. 355 F.2d 448 (9th dr.), cert. denied 384 U.S. 951 (1966). 284 NLRB No. 59