Coastal Property Services, Inc.

106 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD Coastal Property Services, Inc. and Service Employ- ees International Union, Local 32B-32J, AFL- CIO. Case A0-276 July 16, 1990 ADVISORY OPINION BY CHAIRMAN STEPHENS AND MEMBERS CRACRAFT, DEVANEY, AND OVIATT Pursuant to Sections 102 98(a) and 102 99 of the National Labor Relations Board's Rules and Regu- lations, on April 30, 1990, Coastal Property Serv- ices, Inc (the Petitioner) filed a petition for an ad- visory opinion as to whether the Board would assert jurisdiction over its operations In pertinent part the petition alleges as follows 1 There is currently pending before the New York State Labor Relations Board (the State Board) a representation petition in which Service Employees International Union, Local 32B-32J, AFL-CIO (the Union) seeks to be certified as the collective-bargaining representative of an employee of the Petitioner at its 50 Park Terrace West, New York, New York location' 2 The Petitioner is a cooperative management company The Petitioner manages and controls the residential condominium located at 50 Park Ter- race West, New York, New York, which generates $1 million or more per year in income The Peti- tioner's out-of-state purchases exceed $50,000 per year 1 Although the Petitioner's name in this proceeding differs from that in the State Board proceeding (Coastal Marimar Corp ), the petition alleges that both proceedings involve the same parties 3 The Union has neither admitted nor denied the aforesaid commerce data and the State Board has made no findings with respect thereto 4 There is no representation or unfair labor practice proceeding involving the same dispute currently pending before the Board Although all parties were served with a copy of the petition for an advisory opinion, none has filed a response thereto as permitted by Section 102 101 of the Board's Rules and Regulations Having duly considered the matter, the Board is of the opinion that it would assert jurisdiction over the Petitioner The Board has established a $500,000 discretionary standard for asserting Junsdiction over condomin- iums and cooperatives 2 As the Petitioner alleges that its total annual income from the residential condominium it manages and controls equals or ex- ceeds $1 million, the Petitioner clearly satisfies the Board's discretionary jurisdiction Further, as the Petitioner's alleged $50,000 per year out-of-state purchases is more than de minims, it also satisfies the Board's statutory standard for asserting Juris- diction Accordingly, the parties are advised that, based on the foregoing allegations and assumptions, the Board would assert jurisdiction over the Petition- er 3 2 See Imperial House Condominium, 279 NLRB 1225 (1986), affd 831 F 2d 999 (11th Cu. 1987) 'The Board's advisory opinion proceedings under Sec 102 98(a) of the Board's Rules and Regulations are designed primarily to determine whether an employer's operations meet the Board's "commerce" stand- ards for asserting Junsdiction Accordingly, the instant Advisory Opinion is not Intended to express any view as to whether the Board would certi- fy the Union as representative of the petitioned-for unit under Sec 9(c) of the Act See generally Sec 101 40(e) of the Board's Rules and Regula- tions 299 NLRB No 15