HDC, Inc.

National Labor Relations Board - Board Decisions

Jun 9, 1975

218 N.L.R.B. 316 (N.L.R.B. 1975)

316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
HDC, Inc. andILWU Local 142. Case AO-171
June 9, 1975
ADVISORY OPINION
The petition herein was filed on April 14, 1975, by
HDC, Inc., herein called the Petitioner, for an
Advisory Opinion, in conformity with Sections
102.98 and 102.99 of the National Labor Relations
Board's Rules and Regulations, Series 8, as amended,
seeking to determine whether the Board would assert
jurisdiction over the Petitioner.
In pertinent part, the petition alleges as follows:
1. There is pending before the Hawaii Employ-
ment Relations Board, herein called the State Board,
a representation proceeding, docket number HERB
75-9.
2. By its petition, the Petitioner asserts that it is a
Hawaii corporation engaged in providing manage-
ment services to Mana Kai-Maui Hotel Association,
the lessee and operator of a restaurant and bar,
which is located in the Mana Kai-Maui Condomini-
um; that Petitioner commenced its management
services in January 1975; that all of the stock of the
Petitioner as well as Resort Apartments, Inc., herein
called Resort Apartments, a Colorado corporation, is
owned by James Christman; and that the latter
corporation is engaged in providing management
services' at the Mana Kai-Maui Condominium, for
the Maria Kai-Maui Hotel Association, and the
Association of Apartment Owners. It is further
asserted that James Christman also serves as presi-
dent and chief operating officer of both corporations,
and that both corporations have common ownership,
officers, management , and labor policies, and share
common office facilities.
3. Although Petitioner has not yet established a
fiscal year, it projects gross revenues for its first 12
months of approximately $600,000. Resort Apart-
ments has a fiscal year running from November 1 to
October 31 and for the fiscal year ending October 31,
1974, its gross revenues were approximately
$458,388. Both corporations have or will satisfy the
$50,000 interstate commerce test.
4. The above commerce data has been neither
admitted nor denied by ILWU 142, nor has the State
Board made any findings in connection therewith.
5. There is no representation or unfair labor
practice proceeding involving the same labor dispute
pending before this Board.
1 Maid service, auto rental, and airport courtesy services.
2 Drlene Answering Service, Inc., 216 NLRB No. 108 (1975); Front Porch
Holding Corp., and Front Porch 82, Inc., 214 NLRB No. 117 (1974).
3 Ibid See also Appliance Supply Company, 127 NLRB 319 (1960); Man
6. 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 any
party.
On the basis of the foregoing, the Board is of the
opinion that:
Petitioner and Resort Apartments are engaged in
providing management services in Honolulu, Hawaii,
and, for the purposes of this advisory opinion it is
reasonable to assume, constitute a single-integrated
enterprise.2
The Petitioner asserts that it is Board policy to
consider the combined total commerce data of the
operations of both corporations in determining the
jurisdictional issue . We agree. It is customary to
consider for jurisdictional purposes the total com-
bined commerce data of all of an employer's
operations.3 Accordingly, we shall consider the
combined annual gross volume of business of the
Petitioner and Resort Apartments for jurisdictional
purposes.
The current standard for the Board's assertion of
jurisdiction over a retail enterprise which falls within
its statutory jurisdiction is that such an enterprise
must do a gross volume of business totaling at least
$500,000 annually.4 As indicated above, the petition
alleges that Resort Apartments, for the fiscal year
ending October 31, 1974, had gross revenues of
approximately $458,388, and, although the Petitioner
has not yet established a fiscal year, it projects gross
revenues for the first 12 months of approximately
$600,000. In view of the Petitioner's projected gross
revenues , when considered in conjunction with the
$458,388 gross revenues of Resort Apartments, it is
reasonable to assume that a portion thereof, when
added to $458,388, would exceed the $500,000
standard and is sufficient to bring the Petitioner's
operations within the Board's jurisdictional stand-
ards. As the total combined operations of the
Petitioner and Resort Apartments as a single
enterprise would meet the $500,000 test for retail
enterprises we would assert jurisdiction over the
Petitioner.
Accordingly, the parties are advised, under Section
102.103 of the Board's Rules and Regulations, Series
8, as amended , that, on the allegations herein made,
the Board would assert jurisdiction over the opera-
tions of the Petitioner with respect to labor disputes
cognizable under Sections 8, 9, and 10 of the Act.
Products Inc., 128 NLRB 546 (1960), Indiana Bottled Gas Company, 128
NLRB 1441( 1960).
4 Carolina Supplies and Cement Co., 122 NLRB 88 (1958).
218 NLRB No. 56