Arena Lounge, Inc.

National Labor Relations Board - Board Decisions

Dec 9, 1963

145 N.L.R.B. 315 (N.L.R.B. 1963)

ARENA LOUNGE, INC. 315
not reduced the work formerly performed by the clerks by one
iota. The Retail Clerks was thus trying to add to, and not pre-
serve, the existing work of its members. As applied, no-
subcontracting clauses such as here involved are not traditional
work preservation clauses.19 They are not therefore the kind of
clauses the enforcement of which-as the court saw it-would
constitute primary activity outside the reach of Section 8 (b) (4) 20
IT IS FURTHER ORDERED that the Supplemental Decision and Order,
as printed, shall appear as hereby modified.
Arena Lounge, Inc. and Chicago Federation of Musicians, Local
No. 10, Barney Richards, H. Leo Nye, Erv Trsko, Arch Petti-
grew and R. D. Mashan. Case No. AO-67. December 9, 1963
ADVISORY OPINION
This is a petition filed by Arena Lounge, Inc., herein called the
Employer, for an Advisory Opinion in conformity with Section 102.98
and 102.99 of the Board's Rules and Regulations, Series 8, as amended.
Thereafter, by letter dated November 15, 1963, the Chicago Federa-
tion of Musicians, Local No. 10, herein called the Union, set forth its
statement of position in which it requests a full hearing into the Em-
ployer's business to determine whether the Employer's operations meet
the Board's retail or nonretail jurisdictional standards. The Union's
request for a hearing in this proceeding is hereby denied as the Board's
Advisory Opinion procedures do not provide for or contemplate such
a hearing.'
In pertinent part, the petition and statement of position allege as
follows :
1. There is pending a Bill in Equity for Injunction in the Circuit
Court of Cook County, Illinois, Cause No. 63 C 21388, filed by the
Employer against the Union and Barney Richards, H. Leo Nye, Erv
Trsko, Arch Pettigrew, and R. D. Mashan, herein called Individuals.
In this court action the Employer seeks to restrain the Union and the
Individuals "from interfering with the contractual obligation of its
[Union's] members and from interfering with and refusing to furnish
entertainment as is properly contracted for." The dispute, giving rise
to the injunction proceeding, is based upon the Employer's discharge
of Arch Pettigrew. In its answer to the Employer's Bill in Equity
the Union generally denies the allegations therein and contends that
' , See Board ' s Rules and Regulations , series 8, as amended, Section 102.98-102 . 104 and
Statements of Procedures , Section 101 39-101.41.
145 NLRB No. 32.
316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the National Labor Relations Act preempts the jurisdiction of the
circuit court.
2. The Employer, an Illinois corporation, is in the retail business
and conducts a restaurant, cocktail lounge, and supper club known as
Imperial West at 103d Street and Cicero Avenue, Oak Lawn, Illinois.
3. The Employer's total gross sales are less than $300,000 annually
and are largely founded on the offering of musical entertainment per-
formed by members of the Union. In its statement of position, the
Union does not affirmatively offer or assert any countervailing allega-
tions as to the Employer's commerce data and volume of business but
requests a hearing which has been denied. Under these circumstances,
we rely upon the jurisdictional facts alleged herein by the Employer.
4. There have been no findings made by the circuit court respecting
the aforesaid commerce data.
5. No representation or unfair labor practice proceeding involving
the same labor dispute is pending before the Board.
On the basis of the above, the Board is of the opinion that :
1. The Employer is a retail enterprise engaged in the operation of
a restaurant, cocktail lounge, and supper club in Oak Lawn, Illinois?
2. The Board's current standard for asserting jurisdiction over re-
tail enterprises within its statutory jurisdiction is an annual gross
volume of business of at least $500,000. Carolina Supplies and Ce-
ment Co., 122 NLRB 88, 89. The Employer's annual gross volume of
business of less than $300,000 does not meet the retail standard for the
assertion of jurisdiction by the Board.
Accordingly, the parties are advised, under Section 102.103 of the
Board's Rules and Regulations, Series 8, as amended, that the Board
would not assert jurisdiction over the Employer because the allega-
tions submitted herein do not establish that the Employer's operations
meet the Board's standard for asserting jurisdiction over retail
enterprises.
2 Thunderbird Hotel, Inc. and. Joe Well8, et al., Co-Partners , d/b/a Thunderbird Hotel
Company, 144 NLRB 84 ; Colonial Catering Company , 137 NLRB 1607, 1608.
General Stores, Inc., Petitioner and Retail Clerks International
Association , Local 1439, AFL-CIO, Union. Case No. 19-RM-
432. ' December 9, 1963
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Hearing Officer John N.
145 NLRB No. 38.