Mandel Management Co.

National Labor Relations Board - Board Decisions

Jun 2, 1977

229 N.L.R.B. 1121 (N.L.R.B. 1977)

MANDEL MANAGEMENT CO.
Henry R. Mandel d/b/a Mandel Management Com-
pany, Managing Agent for Greenwich Village
Community Housing Corp. and Service Employees
International Union, Local 32B, AFL-CIO. Case
AO-195
June 2, 1977
ADVISORY OPINION
BY CHAIRMAN FANNING AND MEMBERS
JENKINS, MURPHY, AND WALTHER
A petition and memorandum in support thereof
were filed on March 16 and 28, 1977, respectively, by
Henry R. Mandel, d/b/a Mandel Management
Company, managing agent for Greenwich Village
Community Housing Corp., herein called the Em-
ployer, for an Advisory Opinion, in conformity with
Sections 102.98 and 102.99 of the Board's Rules and
Regulations, Series 8, as amended, seeking to
determine whether the Board would assert jurisdic-
tion over the Employer's operations.
In pertinent part the petition and memorandum
allege as follows:
(1) There is pending before the New York Labor
Relations Board, herein called the State Board,
unfair labor practice proceedings filed by Service
Employees International Union, Local 32B, AFL-
CIO, herein called the Union.
(2) The Employer, as managing agent for Green-
wich Village Community Housing Corp., is in the
business of managing, renting, and maintaining a
residential apartment complex consisting of 42
separate buildings in the City of New York. The
Employer is in complete control of all labor policies
for the entire complex, as well as the collection of
rents and the purchase of supplies for the mainte-
nance of all the structures. Employees employed by
the Employer work throughout the complex, mostly
on an interchangeable basis.' The Employer, as
managing agent for Greenwich Village Community
Housing Corp., collects an annual rental from the
tenants in the complex of approximately $2,350,000,
and, in the exercise of its management of the
complex, the Employer paid approximately $360,000
to Consolidated Edison for electricity and gas and
$31,000 to various suppliers in interstate commerce
for maintenance and repair materials.
(3) The Union neither admits nor denies the
aforesaid commerce data and the State Board has
made no findings with respect thereto.
I As managing agent, the Employer hires and fires all employees working
on the premises, directs and schedules these employees, maintains and
repairs apartments and the grounds appurtenant thereto, purchases items of
capital improvement, and makes whatever purchases or disbursements
necessary for the operation of the housing complex.
(4) There is no representation or unfair labor
practice proceeding involving the same labor dispute
pending before this Board.
(5) Although the parties have been served with a
copy of this petition, no response, as provided by the
Board's Rules and Regulations, has been filed by any
of them.
On the basis of the above, the Board is of the
opinion that:
(I) The Employer, as managing agent for Green-
wich Village Community Housing Corp., is in the
business of managing, renting, maintaining, collect-
ing rents and purchasing supplies for a residential
apartment complex in New York City. It is responsi-
ble for the hiring, firing, and supervision of all the
employees who work at the complex.
(2) The Employer contends that the Board should
assert jurisdiction over its operations. It relies on
James Johnston Property Management, 221 NLRB
301 (1975), and Adelsberg & Co., 225 NLRB 952
(1976), in support of its contention that the totality of
an employer's operations should be considered in
determining whether its operations meet the Board's
jurisdictional standards.
The Board has a longstanding practice of aggregat-
ing gross revenues derived from all the buildings
managed by an employer of this type.2 As noted
above, the annual gross rental revenues derived from
the apartments managed by the Employer are in
excess of $500,000, and, in the exercise of its
management of the complex, the Employer paid
approximately $360,000 to Consolidated Edison for
electricity and gas and $31,000 to various suppliers in
interstate commerce for maintenance and repair
materials. As it is clear that the Employer's opera-
tions fall within the Board's statutory jurisdiction,
and as the total annual gross dollar volume of
business of all the apartment buildings managed by
the Employer exceeds the $500,000 annual gross
rentals discretionary standard established by the
Board for residential apartments, 3 we would assert
jurisdiction over the Employer's operations.
Accordingly, the parties are advised, under Section
102.103 of the Board's Rules and Regulations, Series
8, as amended, that, based on the allegations herein
made, the Board would assert jurisdiction over the
operations of the Employer with respect to labor
disputes cognizable under Sections 8, 9, and 10 of the
Act.
2 James Johnston Property Management, supra, and cases cited therein;
Adelsberg d Co., supra.
3 See Karl Gerber, Max Taetle, Nathan Metz & Estate of Bernard Katz,
Co-Partners d/b/a Parkview Gardens, 166 NLRB 697 (1967).
229 NLRB No. 163
1121