Standby One Associates

National Labor Relations Board - Board Decisions

Apr 30, 1984

270 N.L.R.B. 444 (N.L.R.B. 1984)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Standby One Associates and Local 32E, Service Em-
ployees International Union, AFL-CIO. Case
AO-248
30 April 1984
ADVISORY OPINION
BY CHAIRMAN DOTSON AND MEMBERS
ZIMMERMAN, HUNTER, AND DENNIS
A petition was filed on 7 November 1983 by
Standby One Associates, the Petitioner, for an ad-
visory opinion in conformity with Sections 102.98
and 102.99 of the National Labor Relations Board
Rules and Regulations, seeking to determine
whether the Board would assert jurisdiction over
the Petitioner.
In pertinent part the petition alleges as follows:
(1) There is pending before the New York State
Labor Relations Board, the State Board, an unfair
labor practice charge, Case No. SU-54954, filed by
Local 32E, Service Employees International
Union, AFL-CIO, the Union, against the Petition-
er.
(2) The Petitioner is a limited partnership which
owns a low income apartment complex located at
1403, 1411, 1417, 1421, and 1425 Grand Concourse,
Bronx, New York. Its principal office is located at
345 Park Avenue, New York, New York. By its
petition, the Petitioner asserts that its gross annual
revenues exceed $500,000.
(3) The Union neither admits nor denies the
commerce data and the State Board has made no
findings with respect thereto.
A representation proceeding, Case 2-RM-1941,
and an unfair labor practice proceeding, Case 2-
CA-20146, have been filed with the National
Labor Relations Board, Region 2.1
Although all parties were served with a copy of
the petition for advisory opinion, none has filed a
response as permitted by the Board's Rules and
Regulations.
On the basis of the above, the Board is of the
opinion that
Our rules providing for the issuance of advisory
opinions were promulgated to provide a method
for state agencies and persons in doubt to deter-
mine whether the Board would assert jurisdiction
in certain circumstances. Here, however, there is
pending before the Board a statutory unfair labor
practice proceeding in which a binding adjudica-
tion of the jurisdictional issue can be obtained from
the Board within the framework of that proceed-
ing. Because no other considerations suggesting an
urgent need for earlier Board determination of the
jurisdictional question alone have been brought to
the Board's attention, the underlying purpose of
the advisory opinion procedures will be better
served, and unnecessary duplication and possible
confusion will be avoided, if the Board follows the
practice of confining itself solely to the resolution
of the statutory proceeding before it. 2
Accordingly, it is ordered that the petition for
advisory opinion be dismissed.
The Board has administratively been advised that the State Board has
issued a certification in this matter and, therefore, the Regional Director
has dismissed the representation proceeding. In addition, we have been
advised that an 8(a)(5) complaint issued against the Petitioner herein on 2
March 1984.
1 Hotel & Restaurant Employees Local 49 (Diamond Springs Hotel), 236
NLRB 711 (1978).
270 NLRB No. 81
444