Andover Protective Service, Inc.

National Labor Relations Board - Board Decisions

Jun 30, 1976

225 N.L.R.B. 485 (N.L.R.B. 1976)

ANDOVER PROTECTIVE SERVICE, INC 485
Andover Protective Service, Inc. and Armored Car
Chauffeurs and Guards, Local 820, I.B.T. Case
AO-184
June 30, 1976
ADVISORY OPINION
On May 20, 1976, a petition for an advisory opin-
ion, with exhibits attached, was filed by Andover
Protective Service, Inc., herein called the Employer,
in conformity with Sections 102.98 and 102.99 of the
Board's Rules and Regulations, Series 8, as amended,
seeking to determine whether the Board would assert
jurisdiction over the activities of the Employer.
In pertinent part, the petition and exhibits allege as
follows:
(1) On December 19, 1975, Armored Car Chauf-
feurs and Guards, Local 820, I.B.T., herein called the
Union, filed with the New York State Labor Rela-
tions Board, herein called the State Board, Docket
SE-49459, a petition for investigation and certifica-
tion of representatives with respect to certain em-
ployees of the Employer.
(2) The Employer operates a courier and escort
service in Smithtown, New York, providing guard
and armored car services. The petition alleges that
the Employer is engaged in interstate commerce in
that the goods hauled and protected consist of cur-
rency which finds its way into interstate commerce.
It is further alleged that the Employer has an inflow
in excess of $50,000 per year in its nonretail service
business and purchases substantial materials used in
its operation outside the State of New York.
(3) The State Board has not made any findings
concerning the above commerce data and the Union
neither admits nor denies this data.
(4) There is no representation or unfair labor
practice proceeding involving the same labor dispute
pending before this Board.
(5) Although served with a copy of the petition for
advisory opinion, no response, as provided by the
Board's Rules and Regulations, has been filed by any
party.
On the basis of the foregoing, the Board is of the
opinion that:
1. The Employer operates a courier and escort ser-
vice which provides guard and armored car services
in Smithtown, New York.
2. The current standard for the assertion of juris-
diction over nonretail enterprises is an annual inflow
or outflow, direct or indirect, across state lines, of at
least $50,000.' On the basis of the allegations submit-
ted herein, we conclude that the Employer's opera-
tions satisfy the Board's current jurisdictional stan-
dards.
Accordingly, the parties are advised, under Section
102.103 of the Board's Rules and Regulations, Series
8, as amended, that, on the allegations herein made,
the Board would assert jurisdiction over the opera-
tions of the Employer with respect to labor disputes
cognizable under Sections 8, 9, and 10 of the Act.
1 Siemons Mailing Service, 122 NLRB 81, 85 (1958)
225 NLRB No. 64