J. M. Abraham, M.D., P.C.

National Labor Relations Board - Board Decisions

Jun 7, 1979

242 N.L.R.B. 839 (N.L.R.B. 1979)

J. M. ABRAHAM, M.D.. P.C.
J. M. Abraham, M.D., P.C. and Production, Mainte-
nance & Service Employees Union, Local 3. Case
AO 214
June 7, 1979
ADVISORY OPINION
BY CHAIRMAN FANNING AND MFMBFRS JNKINS,
PENELL(). AND TRUESDALF.
On March 30, 1979, J. M. Abraham, M.D., P.C., an
Individual, herein the Employer, filed a petition pur-
suant to Section 102.98 and 102.99 of the National
Relations Labor Board Rules and Regulations, Series
8, as amended, seeking an Advisory Opinion as to
whether the Board would assert jurisdiction over his
operations.
In pertinent part, the petition alleges as follows:
1. There are pending before the New York State
Labor Relations Board, herein called the State Board,
certain unfair labor practice charges filed against the
Employer. In Case SU-52030, the Employer has been
charged with refusing to bargain with Production,
Maintenance & Service Employees Union, Local 3,
herein called the Union, which had been certified by
the State Board in Case SE-51834, as the collective-
bargaining representative of certain employees of the
Employer. In Cases SU-52032, 52033, and 52034,
three individual employees, respectively, charged that
they had been discharged by the Employer for their
union activities.
2. The Employer is the owner and operator of the
Park Health Center located at 131-24 Rockaway
Boulevard, South Ozone Park, New York, where he
provides complete health care for the sick, infirm, and
aged in the community. Such care includes medical,
dental, and pharmaceutical services. For the fiscal
year ending June 30, 1978, the Employer's gross re-
ceipts were $384,867.62, of which there was Medicare
reimbursement of $7,976.99 and $56,868.80. respec-
tively. to the Employer and to other physicians for
medical services rendered.
3. The State Board had made no findings with re-
spect to the aforesaid commerce data.
4. The Employer alleges that he operates a health
clinic within the meaning of Section 2(14) of' the Na-
tional Labor Relations Act, as amended.
5. There is no representation or unfair labor prac-
tice proceeding pending before the Board.
6. Although served with a copy of the petition for
Advisory Opinion, none of the parties has filed a re-
sponse thereto, as provided b the Board's Rules and
Regulations.
On the basis of the above. the Board is of the opin-
ion that:
I. The Employer owns and operates a health clinic
in South Ozone Park, New York, which constitutes a
health care institution within the meaning of Section
2(14) of the Act.
2. The Board's current standard for the assertion
of jurisdiction over health care institutions within our
statutory jurisdiction I is an annual gross revenue of at
least $250,000.2 The Employer's gross revenues of
nearly $385,000 during the fiscal year ending June 30.
1978. satisfies the Board's discretionary monetary
standard for the assertion of jurisdiction over the Em-
plover's operations as a health care institution. Al-
though no evidence has been submitted in this pro-
ceeding as to direct or indirect out-of-state purchases,
sales, or services to show that the Employer's opera-
tions affect commerce and are subject to the Board's
statutory jurisdiction, the nearly $65,000 of Medicare
reimbursements for medical services rendered are de-
rived from Federal funds, the transfer of which across
state lines is sufficient to establish our statutory juris-
diction.'
Accordingly the parties are advised, under Section
102.103 of the Board's Rules and Regulations, that.
on the allegations 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.
Oher than nursing hormes. visiing nurses a.isoiallins and other related
facilitles.
E ali Oakland ( ,nilnmun,, Hear h 4Ihiame, In , 218 \NI R 11270 ( 197)
See Mon al ,tl ted Ilealih Ser5i e.s. In 227 ClRB 728 (1977 t L(!
Oa land ( rmltunitl Hetalth Ai/uin,. i . tqra a.ind Rul Cuh l P- r ,
I , h C ,,tda l ( Nm.n r -piattZ 1t68 NlIRB 26t lt 19i7
242 NLRB No. 129
839