Hudson-Halbrook, Inc.

National Labor Relations Board - Board Decisions

Jun 25, 1968

172 N.L.R.B. 277 (N.L.R.B. 1968)

HUDSON-HALBROOK, INC.
Hudson -Halbrook , Inc. and AFL-CIO Laundry and
Dry Cleaning International Union Local No. 44, et
al. Case AO-112
June 25, 1968
ADVISORY OPINION
This is a petition filed on May 27, 1968, by Hud-
son-Halbrook, Inc., herein called the Employer
for an Advisory Opinion in conformity with Sec-
tions 102.98 and 102.99 of the National Labor
Relations Board Rules and Regulations, Series 8, as
amended . On May 29, 1968, AFL-CIO Laundry
and Dry Cleaning International Union , Local No.
44, herein called the Union , and its business agent,
I. R. Reynolds , filed an answer to the petition.
In pertinent part , the petition and answer allege
as follows:
1. A petition for a permanent injunction was
filed by the Employer in the First Judicial District
Court, Parish of Caddo, State of Louisiana, herein
called the State Court , under Docket No . 184406,
seeking , inter alia , to enjoin the Union and its busi-
ness agent from picketing the premises of the Em-
ployer in Shreveport, Louisiana. On May 14, 1968,
when the State Court maintained the declinatory
exception of no jurisdiction and dismissed the in-
junction action , the Employer petitioned for a
rehearing.
2. The Employer , a Louisiana corporation,
operates a retail dry cleaning and laundry business
under the trade name of "One Hour Martinizing"
at 5800 Mansfield Road, City of Shreveport, Parish
of Caddo, State of Louisiana. According to the Em-
277
ployer, it has an annual gross volume of business of
approximately $50,000 and has "only minimal
inter-state business transactions , or inflow or out-
flow of goods or services in inter-state commerce."
3. In its answer, the Union has not admitted,
denied , or agreed to the aforesaid commerce data.
4. The State Court has made no findings with
respect to the commerce data.
5. No representation or unfair labor practice
proceeding involving the same labor dispute is now
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 laundry and dry cleaning business in
Shreveport, Louisiana.
2. The Board's current standard for the assertion
of jurisdiction over retail enterprises within its
statutory jurisdiction is an annual gross volume of
business of at least $500,000 (Carolina Supplies and
Cement Co., 122 NLRB 88, 89). Since the accuracy
of the commerce data supplied by the Employer
has not been impeached or seriously placed in
doubt by the Union in its answer , we rely on this
data for the purposes of rendering an Advisory
Opinion. As it does not appear that the Employer's
annual gross volume of business exceeds $ 500,000,
the Board's discretionary standard for the assertion
of jurisdiction over retail enterprises has not been
met.
Accordingly, the parties are advised, under Sec-
tion 102.103 of the Board's Rules and Regulations,
Series 8 , as amended , that on the allegations sub-
mitted herein, the Board would not assert jurisdic-
tion over the Employer's operations.
172 NLRB No. 44