Caribe Lumber and Trading Corp.

National Labor Relations Board - Board Decisions

Aug 10, 1964

148 N.L.R.B. 277 (N.L.R.B. 1964)

CARIBE LUMBER AND TRADING CORPORATION ' 277
America, are entitled to perform the operation of the photo, offset
camera at the Employers' Wilkes-Barre, Pennsylvania, plants.
2. Wilkes-Barre Typographical Union No. 187, affiliated with Inter-
national Typographical Union, AFL-CIO, is not and has not been
lawfully entitled to force or require Llewellyn & McKane, Inc., to
assign the above work to employees who are currently represented
by Wilkes-Barre Typographical Union No. 187, affiliated with Inter-
national Typographical Union, AFL-CIO.
3. Within 10 days from the date of this Decision and Determination
of Dispute, Wilkes-Barre Typographical Union No. 187, affiliated with
International Typographical Union, AFL-CIO, shall notify the
Regional Director for Region 4, in writing, whether or not it will
refrain from forcing or requiring Llewellyn & McKane, Inc., by
means proscribed by Section 8(b) (4) (D), to assign the work in dis-
pute to compositors rather than to pressmen.
Caribe Lumber and Trading Corporation and Virgin Islands
Labor Union . Case No. A0-79. August 10, 1904
ADVISORY OPINION
This is a petition filed on July 13, 1964, by Caribe Lumber and
Trading Corporation, herein called the Employer, for an Advisory
Opinion in conformity with Sections 102.98 and 102.99 of the National
Labor Relations Board's Rules and Regulations, Series 8, as amended.
In pertinent part, the petition alleges as follows :
1. There is pending before the Department of Agriculture and
Labor, Virgin Islands of the United States at Christiansted, St. Croix,
herein called Territorial Department, a proceeding filed by the Virgin
Islands Labor Union, herein called the Union, and docketed as Case
No. 1-1965, charging the Employer and two of its officers with the
commission of an unfair labor practice in the dismissal of Vincente
Rosa from its employ.
2. The Employer, a Virgin Islands corporation, is engaged in the
retail and wholesale sale of building materials and supplies and in
general hardware merchandising. Its principal office and store are
located in the Commonwealth of Puerto Rico, while its branch office
and store are located in St. Croix, Virgin Islands. The Employer's
annual gross volume of business in St. Croix is over $500,000.
3. The Territorial Department has made no findings with respect
to the aforementioned commerce data.
4. There is no representation proceeding involving the Employer
and the Union presently pending before the Board or the Territorial
Department.
148 NLRB No. 29.
278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
5. Although served with a copy for petition of Advisory Opinion,
no response as provided by the Board's Rules and Regulations has
been filed by the Union.
On the basis of the above, the Board is of the opinion that :
1. The Employer is a retail and wholesale enterprise engaged in
selling building materials and supplies and in merchandising general
hardware in Puerto Rico and St. Croix, Virgin Islands.
2. The Board has determined that where a single integrated enter-
prise, as here, encompasses both retail and nonretail operations, it will
assert jurisdiction if the total operations of the enterprise meet either
the Board's retail or nonretail standards.'
3. The current standard for the assertion of jurisdiction over retail
enterprises which fall within the Board's statutory jurisdiction is a
gross volume of business of at least $500,000 per annum. Carolina
Supplies and Cement Co., 122 NLRB 88. The Employer's operations
in the Virgin Islands of the United States and the Commonwealth of
Puerto Rico are within the Board's statutory jurisdiction 2 and its
more than $500,000 per annum volume of business satisfies the dollar
volume test of the Board's standard for the assertion of jurisdiction
over retail enterprises.
Accordingly, the parties are advised under Section 102.103 of the
Board's Rules and Regulations, Series 8, as amended, that on the al-
legations submitted herein, the Board would assert jurisdiction over
the Employer's operations with respect to disputes cognizable under
Sections 8, 9, and 10 of the Act.
MEMBER LEEDOM took no part in the consideration of the above
Advisory Opinion.
1 Oregon Labor-Management Relations Board (Barbur Boulevard Flying A Truck Stop),
148 NLRB 53 ; Harry Tanere'li, 137 NLRB 743 ; Joseph Crowden and Thomas Crowden,
a Partnership, d/b/a Indiana Bottled Gas Company, 128 NLRB 1441.
2 See Section 2(6) of the Act, which provides that "the term 'commerce ' means trade,
traffic, commerce, transportation, or communication . . . within the District of Columbia
or any Territory. . . . ; cf. The Virgin Isles Hotel, Inc., 110 NLRB 558 ; Sixto Ortega,
d/b/a Sixto , 110 NLRB 1917.
Staub Cleaners Inc. and Ben Barnet Cleaners Inc. and Local 39,
Laundry and Dry Cleaners International Union , AFL-CIO.'
Case No. 3-CA-2155. August 11, 1964
DECISION AND ORDER
On April 30, 1964, Trial Examiner Louis Libbin issued his Decision
in the above-entitled proceeding, finding that the Respondent had
1 Hereinafter referred to as the Union.
148 NLRB No. 30.