Pennsylvania Labor Relations Board

National Labor Relations Board - Board Decisions

Dec 5, 1974

215 N.L.R.B. 323 (N.L.R.B. 1974)

PENNSYLVANIA LABOR RELATIONS BOARD 323
Pennsylvania Labor Relations Board andGeorge Jun-
ior Republic and Pennsylvania Social Services
Union, Service Employes International Union,
AFL-CIO. Case AO-160
December 5, 1974
ORDER DISMISSING PETITION FOR
ADVISORY OPINION
On September 3, 1974, the Pennsylvania Labor Rela-
tions Board, a departmental agency of the Common-
wealth of Pennsylvania under the Department of Labor
and Industry, herein called the State Board, filed a
petition pursuant to Sections 102.98 and 102.99 of the
National Labor Relations Board's Rules and Regula-
tions, Series 8, as amended, requesting an advisory
opinion concerning the State Board's jurisdiction over
George Junior Republic, herein called the Employer.
Thereafter, the Employer filed a response to the State
Board's petition.
Op April 18, 1974, the Pennsylvania Social Services
Union, Service Employes ' International Union,
AFL-CIO, herein called the Union, filed with the State
Board a representation proceeding involving the Em-
ployer, docketed to Case No. PERA-R-4938-W.
The State Board's petition sets forth the Employer's
contention that it is not subject to the jurisdiction of the
State Board because it is not a public employer within
the meaning of section 301(1) of the Public Employe
Relations Act of the Commonwealth of Pennsylvania,
and it has an income in excess of $1 million, $570,000
of which is derived from outside the Commonwealth of
Pennsylvania.
The Board has duly considered the allegations of the
petition and the Employer's response. The Board's ad-
visory opinion proceedings "are designed primarily to
determine questions of jurisdiction by application of
the Board's discretionary standards to the `commerce'
operations of an employer."` The basic issue pre-
sented herein is whether the Employer is an "em-
ployer" within the meaning of Section 2(2) of the Act
or excluded therefrom as a "political subdivision" (of
the Commonwealth of Pennsylvania). As this issue
does not fall within the intendment of the Board's advi-
sory opinion rules, we shall dismiss the petition
herein.'
Accordingly, it is hereby ordered that, for the rea-
sons set forth above, the petition for an advisory opin-
ion herein be, and it hereby is, dismissed.
I Pennsylvania Labor Relations Board (The Board of Trustees,SetonHill
College), 197 NLRB 627 (1972).
2 lbid
215 NLRB No. 55