The Penson Corp.

National Labor Relations Board - Board Decisions

May 28, 1985

275 N.L.R.B. 556 (N.L.R.B. 1985)

556 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ThePenson Corporation and Service Employees
International Union , _ Local, 32E, AFL-CIO.-
Case AO-250 -
28 May 1985
-ADVISORY OPINION
By CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
A petition was filed on 3:-April 1985 by- The
Penson Corporation, the Petitioner, for an advisory
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. On 15 April, 1985 the Petitioner filed
a memorandum- in support of its request for an ad-
visory, opinion.
In pertinent parts; the petition and memorandum
allege as follows: =
(1) There is pending-before .the New York State
Labor :Relations -Board," the State Board, a repre-
sentation petition, Case No.* SE' 55234, filed by
Service Employees International Union, Local
32E, AFL-CIO, the Union, seeking to be certified
as the exclusive. bargaining representative for cleri-
cal employees employed by 'the Petitioner 'at 2103
Honeywell Avenue, Bronx, New York. There also
is pending before the State Board Case No. SU-
55296 and Case No. SU-55332, consolidated for
hearing, which allege that' the Petitioner' has en-
gaged in unfair , labor practices, relating-- to the
above representation proceeding. The- Petitioner',
has 'nioved' that, the State Board dismiss or, in the
alternative, stay all proceedings in the above cases.
(2) The Petitioner, a New York corporation, is a
managing agent for residential apartment buildings
in New York City, in-Nassau County, New York,
and in New Jersey. The Petitioner 'has agreements
with. the owners of such apartment buildings pro-
viding for such services as collecting tenant rents,
operating, maintaining, and repairing the apart-
ments, purchasing supplies, and performing-all fi-
The Petitioner is responsible for the hiring and su-
pervision - of the employees who perform clerical
work and is responsible for the building services
provided to the tenants. By its petition, the Peti-
tioner asserts that its gross annual rent revenues
exceed` $500,000, and that it purchases more than
$50,000 worth of goods, supplies, commodities, and
services which originate outside, the State of New
York.
(3) The Union -neither admits nor denies the
commerce data and the State Board has made no
findings with respect thereto. -
(4) There 'is no representation or unfair labor
practice - proceeding involving this labor dispute
pending before-this Board.
(5) 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: -
The Petitioner, a -New York corporation, is a
management agent for residential apartment build- -
ings . located in New York City, Nassau County,
New' York, and New Jersey. -It has agreements
with the owners of such apartment buildings for
such 'services as' collecting rents; operating, main-'
taining,"and repairing the 'apartments, purchasing
supplies, and performing all financial recordkeeping
and reporting obligations.- As the Petitioner's gross
annual rent revenues exceed the' $500,000 standard
established by the Board for residential apartments,
and its purchases of goods and services in interstate
commerce exceeds ' $50,000 per annum, i we would
assert jurisdiction- over the operations of the Peti-
tioner.
Accordingly, the parties are advised, under Sec-
tion 102.103 of the -Board's Rules and Regulations,
that, based on 'the allegations herein made, the
Board would assert jurisdiction over the operations
of the' Petitioner -with respect to labor disputes cog-
nizable under Sections 8, 9, and 10 of the Act.
nancial recordkeeping and reporting obligations. , ' See Parkvzew Gardens, 166 NLRB 697'(1967)
275 NLRB No. 79