Academia San Jorge

National Labor Relations Board - Board Decisions

Mar 6, 1978

234 N.L.R.B. 1181 (N.L.R.B. 1978)

Academia San Jorge and Puerto Rico Labor Relations
Board. Case-AO-205
March 6, 1978
ADVISORY OPINION
A petition was filed on November 14, 1977, by
Academia San Jorge, herein called the Employer, for
an advisory opinion in conformity with Section
102.98 and 102.99 of the National Labor Relations
Board Rules and Regulations, Series 8, as amended,
seeking to determine whether the Board would assert
jurisdiction over the Employer's operations. On
November 22, 1977, the Puerto Rico Labor Relations
Board filed a response thereto.
In pertinent part the petition and response allege as
follows:
(I) There is pending before the Puerto Rico Labor
Relations Board an unfair labor practice proceeding,
Case 24-CA-5665, filed against the Employer.
(2) The Employer is a Catholic educational institu-
tion offering elementary, intermediate, and superior
levels of learning, under the supervision of the
Archdiocese of San Juan, Puerto Rico, with principal
offices located at Colon and San Jorge Street,
Santurce, Puerto Rico. The Employer is under the
immediate supervision of the superintendent of
i The Windsor School, Inc., 200 NLRB 991 (1972). See also Shattuck
School, 189 NLRB 886(1971).
ACADEMIA SAN JORGE
Catholic schools in Puerto Rico. It has an enrollment
of approximately 700 students and has a gross
income of approximately $486,000. The Employer
has purchased goods and supplies in interstate
commerce in excess of $50,000.
(3) The Puerto Rico Labor Relations Board denies
the above commerce data.
(4) There is no representation or unfair labor
practice proceeding involving the same labor dispute
pending before this Board.
On the basis of the above, the Board is of the
opinion that:
(I) The Employer is a Catholic educational institu-
tion which is under the supervision of the Archdio-
cese of San Juan, Puerto Rico.
(2) The Board's current standard for the assertion
of jurisdiction over private educational institutions is
an annual gross revenue of at least $1 million.' As it
appears that the Employer's annual gross revenue
does not reach $1 million, the Board's discretionary
standard for the assertion of jurisdiction over private
educational institutions has not been met.
Accordingly, the parties are advised, under Section
102.103 of the Board's Rules and Regulations, Series
8, as amended, that on the allegations submitted
herein, the Board would not assert jurisdiction over
the Employer's operations.
234 NLRB No. 183
1181