FPC Advertising Inc.

National Labor Relations Board - Board Decisions

Jun 21, 1976

224 N.L.R.B. 1372 (N.L.R.B. 1976)

1372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FPC Advertising Inc. and Service Employees Interna-
tional Union , Local 32E. AFL-CIO. Case AO-179
June 21, 1976
ADVISORY OPINION
On April 27, 1976, FPC Advertising Inc., hereafter
Petitioner, filed with the Board a petition for an Ad-
visory Opinion pursuant to Sections 102.98 and
102.99 of the Board's Rules and Regulations, Series
8, as amended, for a determination whether the
Board would assert jurisdiction over its operation.
In pertinent part, the petition, with exhibits at-
tached, alleges as follows:
1. There is pending before the New York State La-
bor Relations Board, hereafter called State Board, a
representation proceeding, docket number SE-
49558, based on a petition for certification filed by
Service Employees International Union, Local 32E,
AFL-CIO, hereafter the Union. Petitioner has filed a
motion before the State Board requesting that it
withhold any judgment on the question of jurisdic-
tion until an advisory opinion is issued by the Na-
tional Labor Relations Board.
2. Petitioner is engaged in the business of operat-
ing an advertising agency and a printing company in
Rock Hill, New York. During the calendar year
1975, Petitioner's gross annual revenue was $700,000,
of which media placements with out-of-state and/or
national publications amounted to $211,074.38, and
printing for accounts which do interstate business
amounted to $167,685.02. The printing total includes,
inter alia, over $43,000 from Grossinger's Hotel and
Country Club and nearly $80,000 from International
Business Machines Corp.
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 prac-
tice proceeding involving Petitioner or the Union
pending before this Board.
5. Although all parties have been served with a
copy of the petition for advisory opinion, no re-
sponse, as provided by the Board's Rules and Regu-
lations, has been filed by any party.
On the basis of the foregoing, the Board is of the
opinion that:
1. Petitioner is a nonretail enterprise engaged in
the business of operating an advertising agency and
printing company in Rock Hill, New York.
2. The Board's current standard for the assertion
of jurisdiction over nonretail enterprises is an inflow
or outflow, direct or indirect, across state lines of at
least $50,000.1
3. As stated above, apart from its out-of-state me-
dia placement business, Petitioner performed print-
ing services valued in excess of $43,000 for
Grossinger's Hotel and Country Club, a New York
State enterprise over which we have asserted jurisdic-
tion,2 and approximately $80,000 for International
Business Machines Corp., a multistate and foreign
enterprise whose operations would meet any of our
discretionary jurisdictional standards.' The printing
services furnished to Grossinger's by the Petitioner
constitute indirect outflow, while those furnished to
International Business Machines Corp. constitute
either direct and/or indirect outflow. As Petitioner
has outflow, whether direct and/or indirect, in excess
of $50,000, its operations meet the test for nonretail
enterprises and we would therefore assert jurisdiction
over the Petitioner herein.
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 Petitioner with respect to labor disputes
cognizable under Section- 8, 9, and 10 of the Act.
Siemons Mailing Service, 122 NLRB 81, 85 (1958)
2 S & H Grossinger's, Inc, 156 NLRB 223 (1965), enfd as modified 372
F 2d 26 (C A 2, 1967), and 170 NLRB 330 (1968)
3 International Business Machines Corp, with plants and laboratories in
12 States and the District of Columbia and manufacturing plants in 13
countries outside the United States, had gross income for the year ending
December 31, 1975 , in excess of $14 billion See Moody's Industrial Manual
224 NLRB No. 170