Community Action of Minneapolis

National Labor Relations Board - Board Decisions

Apr 19, 1994

313 N.L.R.B. 1110 (N.L.R.B. 1994)

1110
313 NLRB No. 192
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 MPEA filed a response to the request for advisory opinion. It
does not challenge the Petitioner’s allegations concerning gross reve-
nues and purchases from outside the State of Minnesota, but asserts
that the Board does not have jurisdiction over the Petitioner because
it is a political subdivision of the State of Minnesota.
2 The Board has delegated its authority in this proceeding to a
three-member panel.
3 See W.M.P. Security Service Co., 307 NLRB 823 (1992), and
Command Security Corp., 293 NLRB 593 (1989), and cases cited.
4 Nor is the instant Advisory Opinion intended to express any view
as to whether the Board would certify the Union as representative
of the petitioned-for unit under Sec. 9(c) of the Act. See generally
Sec. 101.40(e) of the Board’s Rules.
Community Action of Minneapolis, Petitioner and
American Federation of State, County and Mu-
nicipal Employees District Council No. 14,
Local Union No. 9, AFL–CIO and Minneapolis
Professional Employees Association. Case AO–
312
April 22, 1994
ADVISORY OPINION
BY MEMBERS STEPHENS, DEVANEY, AND
BROWNING
Pursuant to Sections 102.98(a) and 102.99 of the
National Labor Relations Board’s Rules and Regula-
tions, on February 18, 1994, Community Action of
Minneapolis, the Petitioner, filed a petition for Advi-
sory Opinion as to whether the Board would assert ju-
risdiction over its operations. The other parties to the
proceeding are the American Federation of State,
County and Municipal Employees District Council No.
14, Local Union No. 9, AFL–CIO (AFSCME), and the
Minneapolis Professional Employees Association
(MPEA). In pertinent part, the petition alleges as fol-
lows:
1. Two representation proceedings, Docket Nos. 94–
PCE–1051 and 94–PCE–1114 are currently pending
before the Minnesota Bureau of Mediation Services in
which AFSCME seeks certification in a unit of clerical
employees (94–PCE–1114).1
2. The Petitioner is a private, nonprofit corporation
which provides fuel assistance services and self-suffi-
ciency programs to low income residents of the city of
Minneapolis.
3. During the past year, the Petitioner had gross rev-
enues from sales or performance of services of more
than $1 million, and purchased materials or services in
excess of $50,000 directly from outside the State of
Minnesota.
4. There are no representation or unfair labor prac-
tice proceedings involving the Petitioner pending be-
fore the Board.
Having duly considered the matter, the Board finds
as follows:2
First, based on the Petitioner’s commerce allegations
we are of the opinion that if there is statutory jurisdic-
tion under the NLRA, the Board would assert discre-
tionary jurisdiction over the Petitioner under current
Board standards.
We are unable in this particular proceeding, how-
ever, to resolve the issue presented by MPEA, viz,
whether the Petitioner is a political subdivision of the
State of Minnesota. The Board’s advisory opinion pro-
ceedings under Section 102.98(a) are designed pri-
marily to determine whether an employer’s operations
meet the Board’s commerce standards for asserting ju-
risdiction; issues relating to whether the Board would
decline to assert jurisdiction because the employing en-
terprise is not within the jurisdiction of the Act may
appropriately be raised in an advisory opinion proceed-
ing only by a state or territorial agency or court under
Section 102.98(b).3
Accordingly, the parties are advised that, based on
the allegations in the petition, the Board would assert
discretionary jurisdiction over the Petitioner under the
Board’s current standards if the Petitioner is subject to
the Board’s statutory jurisdiction. However, as the in-
stant petition was not filed under Section 102.98(b),
we are unable in this proceeding to advise whether the
Petitioner comes within the Board’s statutory jurisdic-
tion.4
Accordingly, the petition for Advisory Opinion must
be dismissed.