O K Barber Shop

National Labor Relations Board - Board Decisions

Jan 14, 1971

187 N.L.R.B. 823 (N.L.R.B. 1971)

O K BARBER SHOP
Carl Williams, d/b/a 0 K Barber Shop and Bay Area
Barbers' Union and Local 846 of Journeymen's,
Hairdressers ', Cosmetologists ', and Proprietors'
International Union of America , aka Barbers',
Beauticians ' and Allied Industries Association.
Case AO-126
January 14, 1971
ADVISORY OPINION
By CHAIRMAN MILLER AND MEMBERS
FANNING, BROWN, AND JENKINS
This is a petition filed on November 20, 1970, by
Carl Williams, d/b/a 0 K Barber Shop, and Bay Area
Barbers' Union, herein referred to, respectively, as
Williams and Bay Area Union, and collectively as
Petitioners, for an Advisory Opinion in conformity
with Sections 102.98 and 102.99 of the National Labor
Relations Board's Rules and Regulations, Series 8, as
amended.
In pertinent part, the petition alleges as follows:
1. There is pending in the Circuit Court of the
State of Oregon, in and for the County of Coos, herein
called the State Court, a Suit in Equity, Case No.
30549, filed by the Petitioners seeking, inter alia, to
enjoin Local 846 of Journeymen's, Hairdressers',
Cosmetologists', and Proprietors' International Un-
ion of America, aka Barbers', Beauticians' and Allied
Industries Association, herein called Local 846, from
picketing the barber shop premises of Williams and
the premises of all other barber shops which are
members of Bay Area Union.
2. Bay Area Union has a membership composed
of three local Coos Bay and North Bend, Oregon,
barber shops owned and operated by sole proprietors,
who, themselves, are barbers and who have other
chairs in their shops operated by certified barbers. It
appears that Williams is one of the three barber shops
823
composing the membership of Bay Area Union. The
three barber shops are engaged in the business of
barbering in the Coos Bay and North Bend , Oregon,
area. Annually, the three shops, whether considered
individually or collectively, have a gross volume of
business significantly less than $250,000 in sales.
3. The State Court has made no findings with
respect to the aforesaid commerce data.
4. No representation or unfair labor practice
proceeding involving the same labor dispute is
pending before the Board.
5. Although served with a copy of the petition, no
responses as provided for in the Board's Rules and
Regulations have been filed by any of the parties.
On the basis of the above, the Board is of the
opinion that:
1. Williams and the proprietors of the other shops
who are members of the Bay Area Union are engaged
in the business of barbering in the Coos Bay and
North Bend, Oregon, area . It is reasonable to assume
that the business of barbering is retail in character and
therefore the Board's jurisdictional standard for retail
enterprises is applicable thereto.
2. The Board's current standard for the assertion
of jurisdiction over retail enterprises is an annual
gross volume of business of at least $500,000 (Carolina
Supplies and Cement Co., 122 NLRB 88, 89). Since it
appears that the annual gross volume of business of
the barber shops owned and operated by Williams
and the proprietor-members of the Bay Area Union,
either individually or collectively, does not reach
$500,000, the Board's discretionary standard for the
assertion of jurisdiction over retail enterprises has not
been met.
Accordingly, the parties are advised, under Section
102.103 of the Board's Rules and Regulations, Series
8, as amended, that on the allegations submitted
herein, the Board would not assert jurisdiction over
the Employer's operations.