Inter-Neighborhood Housing Corp.

National Labor Relations Board - Board Decisions

Aug 23, 1993

311 N.L.R.B. 1342 (N.L.R.B. 1993)

1342
311 NLRB No. 179
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 The Board grants Petitioner’s request to file a memorandum. 2 Riv Realty, 267 NLRB 325 (1983).
Inter-Neighborhood Housing Corp., Employer-Peti-
tioner and Local 32E, Service Employees Inter-
national Union, AFL–CIO and New York State
Employment Relations Board. Case AO–304
August 23, 1993
ORDER DENYING PETITION FOR
ADVISORY OPINION
BY CHAIRMAN STEPHENS AND MEMBERS
DEVANEY AND RAUDABAUGH
Pursuant to Sections 102.98(a) and 102.99 of the
National Labor Relations Board Rules and Regulations,
on June 9, 1993, the Inter-Neighborhood Housing
Corp. (the Petitioner) filed a petition and a supporting
memorandum1 requesting an advisory opinion as to
whether the Board would assert jurisdiction over it. In
pertinent part, the petition and supporting memo-
randum state as follows:
1. A representation proceeding, Case No. SE-58486,
filed by Local 32E, Service Employees International
Union, AFL–CIO (Local 32E), is currently pending be-
fore the New York State Employment Relations Board
(SERB) concerning the representation of certain em-
ployees of the Petitioner employed at 2359 Southern
Boulevard, Bronx, New York.
2. Local 32E filed an unfair labor practice charge on
April 9, 1993, Case 2–CA–26453, involving employees
of the Petitioner at 785 East 181st Street, Bronx, New
York.
3. Petitioner acts as the developer or managing agent
for real property under contract with the Department of
Housing Preservation and Development of the City of
New York. Petitioner directly assists tenants of its
properties in gaining conversion of rental apartments to
cooperative ownership. It also assists in long-range
management planning for the cooperative apartment
buildings. The staff of Inter-Neighborhood Housing
Corp. includes ‘‘tenant relations specialists’’ who pro-
vide social support services to prepare tenants for inde-
pendent living, integrate them into the community, fos-
ter economic self-sufficiency, and provide for personal
growth. During the calendar year 1992, which period
is representative of its annual operations generally, Pe-
titioner received gross revenues of $460,825. These
revenues included payments received directly from the
City of New York for management fees and payroll re-
imbursement in the total amount of $445,046. Also
during 1992, the 12 multifamily residential apartment
buildings under management by Petitioner had total
rents of $701,351 collected by Petitioner. During 1992,
Inter-Neighborhood Housing Corp. purchased building
construction materials, appliances, fuel oil, and other
goods and materials for the renovation, rehabilitation,
and maintenance of its residential apartment buildings
valued in excess of $28,000 which were delivered to
these buildings directly from outside the State of New
York.
Local 32E filed no response to the petition for advi-
sory opinion.
Having duly considered the matter, we deny the Pe-
titioner’s request for an advisory opinion. The Board’s
longstanding policy, based on sound principles of ad-
ministrative efficiency and economy, is that a petition
for advisory opinion will not be entertained where, as
here, an unfair labor practice proceeding is pending
and there is no indication of a need for a more expedi-
tious jurisdictional determination.2 While the unfair
labor practice charge filed by Local 32E concerns em-
ployees of Petitioner at a location other than that of the
employees who are the subject of the SERB petition,
a determination of jurisdiction in the unfair labor prac-
tice proceeding will resolve any jurisdictional issues
concerning the petition before the SERB.
Accordingly, for the reason set forth above, the peti-
tion for advisory opinion is dismissed.