Allright New York Parking, Inc.

National Labor Relations Board - Board Decisions

Jan 16, 1970

180 N.L.R.B. 757 (N.L.R.B. 1970)

ALLRIGHT NEW YORK PARKING, INC.
Allright New York Parking, Inc. and Local 819,
International Brotherhood of Teamsters. Case
AO-118
January 16, 1970
ADVISORY OPINION
BY CHAIRMAN MCCULLOCH AND MEMBERS
FANNING, BROWN, AND JENKINS
A petition was filed on December 19, 1969, with
the National Labor Relations Board by Allright
New York Parking, Inc., herein called the
Petitioner, for an Advisory Opinion pursuant to
Subparagraph H of the Board's Rules and
Regulations, Series 8, as amended.
In pertinent part, the petition alleges as follows:
1. There is presently pending before the New
York State Labor Relations Board, herein called the
State Board, a proceeding (Case SU-42942) initiated
by a charge filed by Local 819, International
Brotherhood of Teamsters, herein called the Union,
alleging that the Petitioner and certain other
respondents have engaged in unfair labor practices
within the meaning of Section 704 of the New York
State Labor Law. In that proceeding, the Petitioner
has challenged the State Board's jurisdiction and has
requested that the State Board defer its decision
therein until the National Labor Relations Board
has disposed of the instant petition.
2. Allright Auto Parks, Inc., herein called the
Parent, is a publicly owned corporation whose stock
is listed on the American Stock Exchange and
whose principal offices are in Houston , Texas. The
Parent and its approximately 80 wholly owned
subsidiaries, including the Petitioner, operate
parking lots, garages, and hospital parking facilities
in more than 1100 locations in 62 cities in the
United States and Canada. Because there are
interlocking directors among the Parent and its
subsidiaries, overall policies including those
generally pertaining to labor matters of the
subsidiaries, including the Petitioner, are established
by the Parent. In addition, accounting, banking, and
other administrative functions and services for the
Petitioner and all other subsidiaries are performed
centrally by another Houston based subsidiary.
During the fiscal year ending June 30, 1969, the
Parent's parking services revenue exceeded $28
million.
3. The Petitioner, a New York corporation with
offices at 147 West 42nd Street, New York, New
York, is a wholly owned subsidiary of the Parent.
Since September 11, 1969, when it first began to
operate, the Petitioner has been engaged in the
leasing , purchasing , operating, managing, or
conducting storage and parking facilities for
automobiles and other motor vehicles in the
metropolitan area in New York. Funds in the
amount of approximately $65,000 was supplied by
757
the Parent for the Petitioner's acquisition of six
leases and properties which the Petitioner presently
has and from which, during the approximately 3
months of its operation, it has received a monthly
income of approximately $25,000 or a projected
yearly income of approximately $300,000.
Meanwhile, the Parent has authorized the
acquisition of additional parking facilities and the
Petitioner plans to acquire as many facilities as may
be available in the New York metropolitan area.
Accordingly, the Petitioner forecasts that by the end
of its first year in business, it will have 24, instead
of only 6, parking facilities and that the projected
income would be approximately $100,000 a month
or $1,200,000 a year. The Petitioner also presently
has and plans to greatly expand agreements with
corporations engaged in interstate commerce for the
parking and storage of their vehicles and it has and
will continue to establish charge accounts for
parking and storage of vehicles of corporations
engaged in interstate commerce.
4. The State Board has made no findings with
respect to the aforesaid data.
5. There is no representation or unfair labor
practice proceeding involving the same labor dispute
now pending before the Board.
6. Although served with a copy of the petition for
Advisory Opinion herein, no response as provided
by the Board's Rules and Regulations has been filed
by the Union or the State Board.
On the basis of the above, the Board is of the
opinion that:
1. The Petitioner is a retail enterprise engaged in
the leasing, purchasing, operating, managing, or
conducting storage or parking facilities for
automobiles and other vehicles in the New York
metropolitan area.'
2. The Parent and its approximately 80 wholly
owned subsidiaries including the Petitioner, are
engaged in the retail operation of parking lots,
garages, and hospital parking facilities throughout
the United States and Canada.2 Because of the
interlocking directors among the Parent and the
subsidiaries, including the Petitioner, the
establishment of overall policies, including general
labor policy, by the Parent; and the performance
centrally of accounting, banking and other
administrative functions and services for the
Petitioner and other subsidiaries by another of the
Parent's wholly owned subsidiaries, the Parent and
its subsidiaries, including the Petitioner, appear to
be one integrated operation and should be treated
for jurisdictional purposes as a single enterprise
whose combined commerce operation must be
considered in determining whether the Board would
assert jurisdiction in regard to any single subsidiary
of the Parent.'
'P-M Garages, Inc, 139 NLRB 987
'Ibid
'Siemons Mailing Service, 122 NLRB 81, 84.
180 NLRB No. 127
758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. The Board's current standard for the assertion
of jurisdiction over a retail enterprise falling within
its legal and statutory jurisdiction is a gross annual
volume of business of at least $500,000.' The
Parent's gross annual parking service revenue
exceeds $28 million and thus satisfies the Board's
monetary standard for retail enterprises. Although
normally some proof must be made of legal and
statutory jurisdiction, it is not unreasonable to
assume, for purposes of this Advisory Opinion, that,
in view of the Parent's multistate and foreign
operations, its gross annual revenue of more than
$28 million, its stock listing on the American Stock
Exchange, and the fact that the Petitioner, and
presumably other wholly owned subsidiaries have
parking and storage agreements with interstate
commerce corporations, the Board's legal and
statutory jurisdiction over the single-multistate
enterprise of the Parent and its subsidiaries does in
fact exist and can be established.' Accordingly, the
Board would assert jurisdiction with respect to the
operations of the Petitioner as a wholly owned
subsidiary and part of the Parent's multistate and
foreign operations.
Accordingly, the Parties are advised under
Section 102.103 of the Board's Rules and
Regulations, Series 8, as amended, that upon the
allegations submitted and assumptions made herein,
the Board would assert jurisdiction over the
operations of the Petitioner as part of the Parent's
multistate operations, with respect to disputes
cognizable under Sections 8, 9, and 10 of the Act.
'Carolina Supplies and Cement Co., 122 NLRB 88, 89
'The Bordon Company. 91 NLRB 628 , Colline Baking Company, 83
NLRB 599.