Clover Club

National Labor Relations Board - Board Decisions

Jul 11, 1978

236 N.L.R.B. 1434 (N.L.R.B. 1978)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Culinary Workers, Bartenders and Hotel Service Em-
ployees Union, Local No. 535 and Larry Gillespie;
Buford Sample, Artie W. Mitchell d/b/a The Clo-
ver Club, a copartnership. Case AO-211
July 11, 1978
ADVISORY OPINION
On May 15, 1978, Culinary Workers, Bartenders
and Hotel Service Employees Union, Local No. 535,
herein called the Petitioner, filed a petition pursuant
to Sections 102.98 and 102.99 of the Board's Rules
and Regulations, Series 8, as amended, for an advi-
sory opinion determining whether the Board should
assert jurisdiction over Buford Sample and Artie W.
Mitchell, doing business as The Clover Club. a co-
partnership, herein called the Employer. Thereafter,
on June 1, 1978, the Petitioner filed a brief arguing
that the Board should not assert jurisdiction over the
Employer's operations.
In pertinent part, the petition and brief allege as
follows:
1. There is pending before the superior court of
the State of California for the county of San Bernar-
dino, herein called state court, a proceeding with
Docket No. 176960, filed by the Petitioner against
the Employer, Larry Gillespie, and others seeking to
enforce its rights under a collective-bargaining con-
tract with Larry Gillespie, who, in January 1, 1977,
sold all of his rights, title, and interest in The Clover
Club to the Employer. The partners. constituting the
Employer, have denied that they are bound by the
terms of the collective-bargaining agreement. The
Petitioner asserts that the collective-bargaining
agreement, which contains a successor clause, is
binding and enforceable against the Employer, pur-
suant to section 1127 of the Labor Code of the State
of California. The section does not apply to any em-
ployer who is subject to the National Labor Rela-
tions Act.
( itilln ( i; Iinc Open llearth. Inc.. 141 NLRB 799 (1963).
(aro/na Supplihe, a,d ( lemcnl (o. 122 NL RB 88 (1958).
2. The Employer, a copartnership, is engaged in
the operations of a cafe and cocktail lounge, presum-
ably in San Bernardino County, California. During
the calendar year of 1977, the Employer's gross pur-
chases were $108,088.99. There was no showing that
the Employer had made any purchases or sales in
interstate commerce.
3. In the instant proceeding, the Petitioner sub-
mits that, upon the commerce data submitted, the
Board should advise that it would not exercise juris-
diction over the Employer's restaurant operations be-
cause they do not meet the Board's monetary stan-
dard for asserting jurisdiction over restaurants.'
4. The aforesaid commerce data has been admit-
ted by the Employer but the state court made no
findings with respect thereto.
5. No representation or unfair labor practice pro-
ceeding involving this same labor dispute is pending
before the Board.
6. Although served with a copy of the petition for
an advisory opinion, the Employer failed to file a
response as provided by the Board's Rules.
On the basis of the above, the Board is of the opin-
ion that:
1. The Employer, a copartnership of Buford Sam-
ple and Artie W. Mitchell, doing business as The
Clover Club, is a retail enterprise operating a cafe
and lounge presumably in San Bernardino County,
California.
2. The Board's current standard for the assertion
of jurisdiction over retail enterprises which satisfy its
statutory jurisdiction is a gross volume of business of
at least $500,000.2 Assuming, arguendo, that the Em-
ployer's operations satisfy the Board's statutory juris-
diction, the Employer's gross purchases of
$108,088.99, during calendar year 1977, fail to meet
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 allegations submitted
herein, the Board would not assert jurisdiction over
the Employer's operations.
236 NLRB No. 193
1434