Grace Church in the City of New York

National Labor Relations Board - Board Decisions

Jun 23, 1995

317 N.L.R.B. 961 (N.L.R.B. 1995)

961
317 NLRB No. 142
GRACE CHURCH IN THE CITY OF NEW YORK
1 The Employer, in seeking an advisory opinion, reserves all rights,
claims, and defenses, including those arising under the Religion
Clauses of the First Amendment of the Constitution of the United
States of America as well as those arising under the New York State
Constitution. The instant Advisory Opinion does not address these
issues. See generally Command Security Corp., 293 NLRB 593
(1989); and St. Paul Ramsey Medical Center, 288 NLRB 913
(1988).
2 The Board has delegated its authority in this proceeding to a
three-member panel.
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.
Rector, Church Wardens and Vestrymen of Grace
Church in the City of New York, d/b/a Grace
Church in the City of New York, Petitioner-
Employer and Local 802, Associated Musicians
of Greater New York, AFL–CIO. Case AO–324
June 23, 1995
ADVISORY OPINION
BY MEMBERS BROWNING, COHEN, AND
TRUESDALE
Pursuant to Sections 102.98(a) and 102.99 of the
National Labor Relations Board’s Rules and Regula-
tions, on May 30, 1995, Rector, Church Wardens and
Vestrymen of Grace Church in the City of New York,
d/b/a Grace Church in the City of New York (the Em-
ployer), filed a petition for Advisory Opinion about
whether the Board would assert jurisdiction over its
operations on the basis of its current standards.1 In
pertinent part, the petition alleges as follows:
1. A proceeding, Case SE–58908, is currently pend-
ing before the New York State Employment Relations
Board (NYSERB) in which the Union alleges that a
question or controversy exists concerning representa-
tion of certain alleged employees at the Employer pur-
suant to Section 705(3) of the New York State Em-
ployment Relations Act.
2. The Employer is an Episcopal Church with a con-
gregation of approximately 600 parishioners and a pri-
mary school with an enrollment of 365 children. It
provides religious services and guidance, elementary
education, Sunday religious instruction, and service to
the poor and infirm in the community. The Employer
is a tax-exempt organization pursuant to the Internal
Revenue Code Section 501(c)(3).
3. During the year ending May 23, 1995, the Em-
ployer and its school, which operate under a single
corporation, had gross revenues in excess of $1 mil-
lion, and purchased materials and services valued in
excess of $50,000 directly from outside the State of
New York.
4. The foregoing commerce data have been neither
denied nor admitted by the Union nor have they been
considered by the NYSERB.
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,2 the Board is of
the opinion that, inasmuch as the Employer has gross
annual revenue in excess of $1 million and direct in-
flow in excess of $50,000, the Employer would satisfy
any of the Board’s jurisdictional standards.
Accordingly, the parties are advised that, based on
the allegations in the petition, the Board would assert
jurisdiction over the Employer under the current stand-
ards.3