New Alaska Development Corp.

National Labor Relations Board - Board Decisions

Oct 5, 1967

167 N.L.R.B. 683 (N.L.R.B. 1967)

NEW ALASKA DEVELOPMENT CORP.
New Alaska Development Corp ., S& S Apartments,
Inc., Jefferson Court Apartments , Inc., Richard-
son Vista Apartments, Inc. and Construction and
General Laborers Union , Local 341, affiliated with
the Laborers International Union of North Amer-
ica, AFL-CIO. Case 19-RM-632
October 5, 1967
SUPPLEMENTAL DECISION, ORDER, AND
DIRECTION OF ELECTION
By CHAIRMAN MCCULLOCH AND MEMBERS
BROWN AND JENKINS
On February 24, 1967, the National Labor Rela-
tions Board issued a Decision and Order t in this
proceeding, finding that it would not effectuate the
policies of the National Labor Relations Act, as
amended, to assert jurisdiction over the apartment
houses which are the subject matter of this proceed-
ing. On March 26, 1967, the Union filed a motion
for reconsideration.2 On June 16, 1967, the Board
granted the Union's motion for reconsideration and
invited the Employer to respond to the motion on or
before July 3, 1967. The Employer has filed no
response to the motion.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its
powers in connection with this case to a three-
member panel.
Upon the entire record in this case, the Board
finds:
1. The Employer is composed of the four
Washington corporations above named. New
Alaska Corporation owns all the stock of the other
three corporations. The four corporations have
common officers and directors. The Employer, with
its principal place of business in Alaska, is engaged
in the operation of three apartment buildings in the
Anchorage, Alaska, area. The parties stipulated
that during the calendar year 1965 the Richardson
Vista Apartments, which contains 412 units at an
average monthly rental of $150 per unit, was 80-
percent occupied; S & S Apartments, which con-
tains 206 units at an average monthly rental of $125
per unit, was 80-percent occupied; and Jefferson
Court Apartments, which contains 79 units at an
' Not published in NLRB volumes
2 At the request of the Union, the Board extended the time for filing a
motion for reconsideration to March 28, 1967
3 Parkview Gardens, 166 NLRB 697
4 An election eligibility list, containing the names and addresses of all
the eligible voters, must be filed by the Employer with the Regional
Director for Region 19 within 7 days after the date of this Decision and
683
average monthly rental of $125 per unit, was 65-
percent occupied. The Employer's gross revenues
from the three apartment houses for the calendar
year 1965 were therefore in excess of $900,000.
The Employer-Petitioner contends that the peti-
tion should be dismissed because its operations do
not satisfy any of the Board's jurisdictional stan-
dards. We have, however, recently adopted the ju-
risdictional standards applied to retail enterprises
and enterprises in the hotel and motel industry as
the appropriate standard in asserting jurisdiction in
the apartment house industry and now assert ju-
risdiction over apartment house enterprises having
gross annual revenues of $500,000 or more.3
As indicated above, the apartment houses herein
have a gross annual revenue in excess of $900,000.
The parties also stipulated that during the calendar
year 1965 the Employer-Petitioner purchased
materials, used in the operation of the apartment
houses irr excess of $50,000 from outside the State
of Alaska, or from sources within the State of
Alaska, who in turn had purchased the materials
from outside the State of Alaska. Accordingly, we
find that the Employer's operations affect com-
merce within the meaning of Section 2(6) and (7) of
the Act and, as the Employer-Petitioner's annual
gross revenues exceed $500,000, we find that it will
effectuate the policies of the Act to assert jurisdic-
tion herein.
2. The labor organization involved claims to
represent certain employees of the Employer.
3. A question affecting commerce exists con-
cerning the representation of employees of the Em-
ployer within the meaning of Sections 9(c)(1) and
2(6) and (7) of the Act.
4. We find that the following employees of the
Employer, as stipulated by the parties at the hear-
ing, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section
9(b) of the Act:
All maintenance, service, cleaning and janitorial,
repair, yards, and grounds personnel employed by
the Employer at its Anchorage, Alaska, operations,
excluding guards, office and clerical personnel,
professional help, and supervisors, as defined in the
Act.
[Direction of Election4 omitted from publica-
tion.]
Direction of Election The Regional Director shall make the list available
to all parties to the election No extension of time to file this list shall be
granted by the Regional Director except in extraordinary circumstances
Failure to comply with this requirement shall be grounds for setting aside
the election whenever proper objections are filed Excelsior Underwear
Inc, 156 NLRB 1236
167 NLRB No. 98