EFM Realty Corp.

National Labor Relations Board - Board Decisions

May 9, 1994

313 N.L.R.B. 1215 (N.L.R.B. 1994)

1215
313 NLRB No. 212
EFM REALTY CORP.
1 The Board has delegated its authority in this proceeding to a
three-member panel.
2 See Parkview Gardens, 166 NLRB 697 (1967).
3 The Board’s advisory opinion proceedings under Sec. 102.98(a)
are designed primarily to determine whether an employer’s oper-
ations meet the Board’s ‘‘commerce’’ standards for asserting juris-
diction. Accordingly, the instant Advisory Opinion is not intended
to express any view 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 of the Board’s Rules.
EFM Realty Corp. and 6555 Realty Corp. and
Service Employees International Union, Local
32E, AFL–CIO. Case AO–313
May 13, 1994
ADVISORY OPINION
BY CHAIRMAN GOULD AND MEMBERS STEPHENS
AND COHEN
Pursuant to Sections 102.98(a) and 102.99 of the
National Labor Relations Board’s Rules and Regula-
tions, on March 22, 1994, EFM Realty Corp. and 6555
Realty Corp. (the Employer) filed a petition for Advi-
sory Opinion as to whether the Board would assert ju-
risdiction over its operations. In pertinent part, the peti-
tion alleges as follows:
1. A proceeding, Case No. SE-58679, is currently
pending before the New York State Employment Rela-
tions Board in which the Union is seeking certification
of a one-employer unit at 6555 Broadway, Bronx, New
York (the building), a building managed by EFM Real-
ty Corp.
2. The Employer, a partnership, maintains its prin-
cipal place of business at 2207 Coney Island Avenue,
Brooklyn, New York, and is engaged in real estate
ownership and management. EFM Realty Corp. man-
ages the building, a 70-unit residential apartment build-
ing with 15 garage spaces. At the building, the Em-
ployer supervises and directs the terms and conditions
of employment, as well as the day-to-day activities of
the single employee employed at the building. EFM
Realty Corp. also formulates and implements all per-
sonnel policies applicable to that employee and main-
tains payroll records for and pays the one employee.
3. During the past year, the Employer had gross rev-
enues in excess of $1 million and purchased materials
and services in excess of $50,000 directly from outside
the State of New York.
4. The Employer is unaware whether the Union ad-
mits or denies the aforesaid commerce data and the
New York State Employment Relations Board has not
made any findings with respect thereto.
5. There are no representation or unfair labor prac-
tice proceedings involving the Employer pending be-
fore the Board.
Although all parties were served with a copy of the
petition for Advisory Opinion, no response was filed.
Having duly considered the matter,1 the Board is of
the opinion that it would assert jurisdiction over the
Employer. The Board has established a $500,000 dis-
cretionary standard for asserting jurisdiction over resi-
dential apartment buildings.2 As the Employer alleges
total annual income exceeding $500,000, it is clear that
the Employer satisfies the Board’s discretionary stand-
ard. As the Employer further alleges that it annually
purchases materials or services in value equal to or ex-
ceeding $50,000 directly from outside the State of
New York, the Employer also clearly satisfies the
Board’s statutory standard for asserting jurisdiction.
Accordingly, the parties are advised that, based on
the foregoing allegations and assumptions, the Board
would assert jurisdiction over the Employer.3