Kirschenbaum Bros. Inc.

KIRSCHENBAUM BROS. 651 Kirschenbaum Bros. Inc. and Local 1034, Interna- tional Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. Case A0-256 30 June 1987 ADVISORY OPINION BY CHAIRMAN DOTSON AND MEMBERS JOHANSEN, BABSON, STEPHENS, AND CRACRAFT A petition was filed on 26 May 1987 by Kirs- chenbaum Bros. Inc. (the Petitioner) for an adviso- ry opinion in conformity with Sections 102.98 and 102.99 of the National Labor Relations Board Rules and Regulations, seeking a determination that the Board would assert jurisdiction over it. In pertinent part the petition alleges as follows: (1) A petition has been filed before the New York State Labor Relations Board (SLRB) by Local 1034, International Brotherhood of Team- sters, Chauffeurs, Warehousemen and Helpers of America (the Union), requesting that the Union be certified as the collective-bargaining representative for the bookkeeper employed by the Petitioner at 1153 Coney Island Ave. (2) The Petitioner is engaged in the business of operating a funeral home. (3) During the 1986 tax year, the Petitioner had gross revenues in excess of $1,500,000 and pur- chased goods valued in excess of $50,000 directly from outside the State of New York. (4) The Petitioner is unaware whether the Union admits or denies the aforesaid commerce data and the SLRB has not made any findings with respect thereto. (5) There are no representation or unfair labor practice proceedings involving this dispute 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 applied its $500,000 retail standard to the operators of funeral homes.' As the Petitioner alleges that its gross rev- enues exceeded $1,500,000, the Petitioner would satisfy this standard. As the Petitioner further al- leges that its direct out-of-state purchases exceeded $50,000, the Petitioner would also satisfy the Board's statutory jurisdiction. Accordingly, the parties are advised that, based on the allegations herein, the Board would assert jurisdiction over the Petitioner. See, e.g., Green lawn Funeral Home, 249 NLRB 1067 (1980). 284 NLRB No. 75