Walanae Coast Day Care Centers

National Labor Relations Board - Board Decisions

Oct 31, 1977

233 N.L.R.B. 138 (N.L.R.B. 1977)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Waianae Coast Day Care Centers, Inc. and United
Public Workers, Local 646, AFSCME, AFL-CIO.
Case AO-201
October 31, 1977
ADVISORY OPINION
BY CHAIRMAN FANNING AND MEMBERS
JENKINS, PENELLO, AND MURPHY
On August 29, 1977, Waianae Coast Day Care
Centers, Inc., herein called the Employer, filed a
petition, with exhibits, for an advisory opinion, in
conformity with Sections 102.98 and 102.99 of the
National Labor Relations Board's Rules and Regula-
tions, Series 8, as amended, seeking to determine
whether the Board would assert jurisdiction over the
Employer. United Public Workers, Local 646,
AFSCME, AFL-CIO, herein called the Union, filed
a response thereto.
In pertinent part, the petition and exhibits and the
response allege as follows:
1. There is pending before the Hawaii Employ-
ment Relations Board, herein called the State Board,
a complaint, docket number HERB 76-12, filed by
the Union, alleging that the Employer has refused,
and continues to date to refuse, to bargain with the
Union, which has been certified by the State Board
since 1975 as the representative of the Employer's
employees.
2. By its petition and exhibits, the Employer
asserts that it is a Hawaii nonprofit corporation
engaged in providing day care services to the State of
Hawaii, Department of Social Services and Housing.
Pursuant to a written contract, with the State of
Hawaii, effective July 1, 1977, through June 30, 1978,
the Employer generates income in the amount of
$308,690,2 to which a service charge of $24,695 is
added, producing a total contract amount of
$333,385. Of this latter figure, $250,039, or 75
percent, is directly funded by moneys from the
Federal Government pursuant to Title XX of the
Social Security Act. The Employer will also receive,
As an exhibit the Employer has submitted a copy of a contract entered
into between the Employer and the State of Hawaii, Department of Social
Services and Housing, effective July 1, 1977, through June 30, 1978.
2 Net project cost under contract.
3 Pennsylvania Labor Relations Board (George Junior Republic), 215
during the contract year, $35,280 from the United
States Department of Agriculture to fund food
service operations of the Employer's day care center.
The Employer does not allege that its operations
affect interstate commerce.
3. The Union 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 the same labor dispute
pending before this Board.
5. Although served with a copy of the petition for
Advisory Opinion, no response, as provided by the
Board's Rules and Regulations, has been filed by the
State Board.
On the basis of the foregoing, the Board is of the
opinion that:
1. The Employer is a nonprofit corporation
engaged in providing day care services to the State of
Hawaii, Department of Social Services and Housing.
The Board's advisory opinion proceedings are
designed primarily to determine questions ofjurisdic-
tion by application of the Board's discretionary
standards to the "commerce" operations of an
employer. 3 The entire submission by the Employer
reflects that, pursuant to a contract with the State of
Hawaii, the Federal Government directly funds 75
percent thereof. In its response to the Employer's
petition for advisory opinion, the Union asserts, in
substance, that the issue raised herein is whether the
Employer is subject to such state and Federal control
so as to preclude the assertion of jurisdiction under
Section 2(2) of the Act. Thus, the basic issue
presented herein is whether the Employer is an
"employer" within the meaning of Section 2(2) of the
Act. As this issue does not fall within the intendment
of the Board's advisory opinion rules,4 we shall
dismiss the petition herein.
Accordingly, it is hereby ordered that, for the
reasons set forth above, the petition for an advisory
opinion herein be, and it hereby is, dismissed.
NLRB 323 (1974); Globe Security Systems. Inc., 209 NLRB 35 (1974);
Robert C Coleman, et al., 180 NLRB 529 (1969); International Air Service,
Inc. ofSan Juan, Puerto Rico, 165 NLRB 584 (1967).
4 Ibid
233 NLRB No. 30
138