2961 Marion Realty Associates

National Labor Relations Board - Board Decisions

Sep 30, 1996

322 N.L.R.B. 262 (N.L.R.B. 1996)

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.
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\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).
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Accordingly, the parties are advised that, based on the foregoing
allegations and assumptions, the Board would assert jurisdiction over
the Employer.\4\
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\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.
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Dated, Washington, D.C. September 30, 1996

____________________________________
William B. Gould IV, Chairman

____________________________________
Margaret A. Browning, Member

____________________________________
John E. Higgins Jr., Member

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