S.K.S. Realty Corp.,

National Labor Relations Board - Board Decisions

Jul 30, 1987

285 N.L.R.B. 74 (N.L.R.B. 1987)

74 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
In the matter of S.K .S. Realty Corp ., Petitioner. in excess of $170,000. Furthermore, purchases of
Case AO-257 heating, oil, which originate outside the State of
30 July 1987
ADVISORY OPINION
BY CHAIRMAN DOTSON AND MEMBERS
JOHANSEN, BABSON, STEPHENS, AND
CRACRAFT
A petition was filed on 9 June 1987 by S.K.S.
Realty Corp. (the Petitioner) for an advisory opin-
ion in conformity with Sections 102.98 and 102.99
of the National Labor Relations Board Rules and
Regulations seeking a determination as to whether
the Board would assert jurisdiction over it.
In pertinent part the petition alleged as follows:
(1) A petition has been filed with the New York
State Labor Relations Board (SLRB) by Local
32B-32J, Service Employees International Union,
AFL-CIO (the Union) seeking certification of the
Union as the collective-bargaining representative of
the Petitioner's employees at its apartment building
located at 10 Manhattan Avenue, New York, New
York.
(2) The general nature of the Petitioner's busi-
ness is the ownership, operation, control, and man-
agement of real estate. The Petitioner owns, oper-
ates, and controls the premises located at 10 Man-
hattan Avenue, New York, New York, which gen-
erates rentals in excess of $230,000 per year. Its
principal officer, who operates, manages, and con-
trols said premises, also manages, controls, and,
through corporate entities, owns other rental pro-
ducing premises at 531 East 5th Street, 500 West
135th Street, 254 East 110th Street, 2240 Third
Avenue, 2240 Second Avenue, and 464 East 115th
Street, which generate over $280,000 per year in
rental income. All the aforementioned properties
operate out of the same central offices at 239 West
72d Street, New York, New York. Additionally,
another principal stockholder of the Petitioner has
partnership interests in other real estate in the City
of New York which produce annual rental income
New York, are in excess of $40,000 per year.
(3) The Petitioner is unaware of whether the
Union admits or denies the aforesaid commerce
data and the SLRB has made no findings with re-
spect thereto.
The petition also averred that there are no repre-
sentation or unfair labor practice proceedings in-
volving this dispute pending before the Board.
However, subsequent to the petition's filing, the
Board was administratively advised that on 30 June
1987 a representation petition, Case 2-RC-20344,
was filed with the Board's Regional Office in
which the Union seeks to represent the Petitioner's
employees at its 10 Manhattan Avenue apartment
building-the same employees who are the subject
of the SLRB proceeding.
On the basis of the foregoing, the Board is of the
opinion that the petition for an advisory opinion
should be dismissed. Our advisory opinion rules
were promulgated to provide a method for state
agencies and persons in doubt to determine wheth-
er the Board would assert jurisdiction in certain
circumstances. Here, however, a statutory repre-
sentation proceeding is now pending before the
Board, and a binding adjudication of the jurisdic-
tional issue can be obtained from the Board within
the framework of that proceeding. Because no
other considerations suggesting an urgent need for
an earlier Board determination of the jurisdictional
question alone have been brought to the Board's at-
tention, the underlying purpose of the advisory
opinion prodedures will be better served, and un-
necessary duplication and possible confusion will
be avoided, if the Board follows the practice of
confining itself solely to the resolution of the statu-
tory representation proceeding before it.I
Accordingly the petition for advisory opinion is
dismissed.
1 See International Bureau for Protection & Investigation, 236 NLRB
1356 (1978); Ma,tre'd Restaurant, !45 NLRB 1161 (1964)
285 NLRB No. 9