The Windsor School, Inc,

National Labor Relations Board - Board Decisions

Dec 18, 1972

200 N.L.R.B. 991 (N.L.R.B. 1972)

THE WINDSOR SCHOOL 991
The Windsor School , Inc, Employer-Petitioner, and
United Federation of Teachers, Local 2, American
Federation of Teachers, AFL-CIO Case
29-RM-321
December 18, 1972
SUPPLEMENTAL DECISION AND
CLARIFICATION
On September 29, 1972, the National Labor
Relations Board issued its Decision and Order in the
above-entitled proceeding,) dismissing the Employ-
er's petition on jurisdictional grounds On October
11, the Employer, by its attorneys, requested recon-
sideration by the Board of its Decision and that the
Board order the holding of new hearings so newly
discovered evidence could be presented The Em-
ployer alleged that such new evidence would show
that, commencing with the September 1972 school
year, the operations of the Windsor School, Inc, now
meet the jurisdictional standard established for
private profitmaking educational institutions
Having duly considered the matter, and accepting
as true the Employer's allegations concerning its
current operations, we hereby deny the Employer's
request for a new hearing and reaffirm our Decision
and Order as clarified below
In its Decision and Order, the Board found that the
Employer's operations were essentially local in
character and were "neither sufficiently akin to, nor
marked by a like degree of interstate transactions as
those activities to which the Board has applied a
jurisdictional standard less than $500,000 per an-
num " The reference to that sum, however, while
regarded as a minimum, was not intended to reflect
the establishment of a standard for private for-profit
educational institutions As the Employer now
alleges that its gross annual volume of business
exceeds $500,000, it is necessary for us to determine
precisely the appropriate standard for such institu-
tions
In establishing the standard governing nursing
i 199 NLRB No 54
2 168 NLRB 263
3 182 NLRB 1045
4 189 NLRB 886
5 In National College of Business 186 NLRB 490 the Board applied its
retail and nonretail jurisdictional standards in asserting jurisdiction over a
somewhat similar educational enterprise We have reexamined our position
therein and conclude that there is no longer justification for applying
different standards to purely educational institutions based solely on their
being operated for profit or nonprofit As we now find it appropriate to
apply to such enterprises the standard established for similar nonprofit
enterprises we hereby overrule our prior decision to the extent that it is
homes, the Board presently makes no distinction
between their profit or nonprofit status In University
Nursing Home, Inc,2 the Board asserted jurisdiction
over proprietary nursing homes and related facilities
on the ground that their operations substantially
affect commerce In Drexel Home, Inc,3 the Board
found that operations of proprietary nonprofit
nursing homes are analogous to the operations of
similar for-profit facilities and also substantially
affect commerce in much the same manner, and that,
therefore, no proper basis existed for declining to
assert jurisdiction The Board further found that the
jurisdictional standard established for such for-profit
facilities was applicable to similar nonprofit facilities
In view of the foregoing, we find that the reasoning
on which the Board decided to establish a single
standard, without differentiating between profit and
nonprofit nursing homes, applies with equal force in
determining the appropriate standard for profit and
nonprofit educational institutions In Shattuck
School,4 we found that the operations of a proprie-
tary nonprofit secondary school were sufficiently
similar to private nonprofit colleges and universities
to warrant assertion of jurisdiction As no proper
basis exists for establishing a different standard on
the sole ground that an employer is operating for
profit, we find that the jurisdictional standard of $1
million annual gross revenue established for nonpro-
fit secondary institutions is applicable to similar for-
profit secondary schools 5
Accordingly, as the Employer's motion for recon-
sideration does not allege that the Employer's annual
volume of business meets the jurisdictional standard
for proprietary for-profit secondary schools, we shall
deny the motion for reconsideration
ORDER
It is hereby ordered that the petition filed in Case
29-RM-321 by The Windsor School, Inc, be, and it
hereby is, dismissed
inconsistent herewith In so doing we note that the operations of the
employer in National Business College satisfied the standard we now find to
be applicable to operations such as the ones involved in that case and in this
case We note further that the cases cited in National Business College for
the proposition that the Board had applied either the retail or nonretail
standards to for profit employers in the educational field are distinguishable
on their facts Each case involved educational activities operated by
business entities also substantially engaged in manufacturing or other
commercial activities We express no opinion on the proper standard to be
applied to educational enterprises primarily conducting their activities by
correspondence
200 NLRB No 163