K-T Marine

National Labor Relations Board - Board Decisions

Nov 30, 1990

300 N.L.R.B. 816 (N.L.R.B. 1990)

816
300 NLRB No. 104
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 See Siemons Mailing Service, 122 NLRB 81 (1958).
2 The Board’s advisory opinion proceedings under Sec. 102.98(a) of the
Board’s Rules and Regulations are designed primarily to determine whether
an employer’s operations meet the Board’s ‘‘commerce’’ standards for assert-
ing jurisdiction. Accordingly, the instant Advisory Opinion is not intended to
express any view as to the authority of the Superior Court of New Jersey to
issue an injunction with regard to any dispute between the parties.
K-T Marine, Inc. and Dockbuilders Local Union
1456, United Brotherhood of Carpenters and
Joiners of America. Case AO–282
November 30, 1990
ADVISORY OPINION
BY CHAIRMAN STEPHENS AND MEMBERS
CRACRAFT, DEVANEY, OVIATT, AND
RAUDABAUGH
Pursuant to Sections 102.98(a) and 102.99 of the
National Labor Relations Board’s Rules and Regula-
tions, on October 19, 1990, Dockbuilders Local Union
1456, United Brotherhood of Carpenters and Joiners of
America (the Petitioner) filed a petition for an advisory
opinion as to whether the Board would assert jurisdic-
tion over the operations of K-T Marine, Inc. (the Em-
ployer).
In pertinent part the petition alleges as follows:
1. There is presently pending in the Superior Court
of New Jersey, Chancery Division, Monmouth County,
an action, Docket No. C–2779–90, commenced by the
Employer. There is also an appeal relating to the
issuance of a preliminary injunction which is filed in
the Superior Court of New Jersey, Appellate Division,
Docket No. A–6720–89 T3. The basis of the lawsuit
is to enjoin the Petitioner from engaging in certain
picketing conduct against the Employer at various
sites, including the construction site where work is
being performed and at the home of the principal
stockholder of the Employer.
2. The Employer is a corporation duly organized and
existing under the laws of the State of New Jersey and
authorized to do business in the State of New Jersey,
with offices located in Perth Amboy, New Jersey. The
Employer is engaged in the business of marine con-
struction and, at all times material, has engaged in the
business of marine construction, including, but not lim-
ited to, performing marine construction work in Sea
Bright, New Jersey, at County Bridge S-32, which
work includes repairing the undermined bridge abut-
ment and constructing steel sheet pile bulkheads.
3. The Employer annually purchases, directly or in-
directly, goods or services valued in excess of $50,000,
outside the State of New Jersey.
4. The Employer annually ships goods or provides
services valued in excess of $50,000 within the State
of New Jersey to users engaged in commerce, within
the meaning of the Act.
5. There is no pending representation or unfair labor
practice proceeding before the Board.
On November 8, 1990, the Employer filed a brief in
opposition to the petition for advisory opinion. The
Employer stated that it does not dispute the fact that
it is involved in interstate commerce in that it has pur-
chased goods or services outside the State of New Jer-
sey, either directly or indirectly, valued in excess of
$50,000.
Having duly considered the matter, the Board is of
the opinion that it would assert jurisdiction over the
Employer. The Board has established a standard of
$50,000, direct or indirect inflow or outflow, for as-
serting jurisdiction over nonretail entities.1 The Peti-
tioner has alleged and the Employer has not disputed
facts which clearly satisfy the Board’s discretionary
and statutory standards for asserting jurisdiction.
Accordingly, the parties are advised that, based on
the foregoing allegations and assumptions, the Board
would assert jurisdiction over the Employer.2