Kirschenbaum Bros. Inc.

National Labor Relations Board - Board Decisions

Jun 30, 1987

284 N.L.R.B. 651 (N.L.R.B. 1987)

KIRSCHENBAUM BROS. 651
Kirschenbaum Bros. Inc. and Local 1034, Interna-
tional Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America. Case
A0-256
30 June 1987
ADVISORY OPINION
BY CHAIRMAN DOTSON AND MEMBERS
JOHANSEN, BABSON, STEPHENS, AND
CRACRAFT
A petition was filed on 26 May 1987 by Kirs-
chenbaum Bros. Inc. (the Petitioner) for an adviso-
ry opinion in conformity with Sections 102.98 and
102.99 of the National Labor Relations Board
Rules and Regulations, seeking a determination that
the Board would assert jurisdiction over it.
In pertinent part the petition alleges as follows:
(1) A petition has been filed before the New
York State Labor Relations Board (SLRB) by
Local 1034, International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of
America (the Union), requesting that the Union be
certified as the collective-bargaining representative
for the bookkeeper employed by the Petitioner at
1153 Coney Island Ave.
(2) The Petitioner is engaged in the business of
operating a funeral home.
(3) During the 1986 tax year, the Petitioner had
gross revenues in excess of $1,500,000 and pur-
chased goods valued in excess of $50,000 directly
from outside the State of New York.
(4) The Petitioner is unaware whether the Union
admits or denies the aforesaid commerce data and
the SLRB has not made any findings with respect
thereto.
(5) There are no representation or unfair labor
practice proceedings involving this dispute pending
before the Board.
Although all parties were served with a copy of
the petition for advisory opinion, none has filed a
response as permitted by Section 102.101 of the
Board's Rules and Regulations.
On the basis of the foregoing, the Board is of the
opinion that it would assert jurisdiction over the
Petitioner. The Board has traditionally applied its
$500,000 retail standard to the operators of funeral
homes.' As the Petitioner alleges that its gross rev-
enues exceeded $1,500,000, the Petitioner would
satisfy this standard. As the Petitioner further al-
leges that its direct out-of-state purchases exceeded
$50,000, the Petitioner would also satisfy the
Board's statutory jurisdiction.
Accordingly, the parties are advised that, based
on the allegations herein, the Board would assert
jurisdiction over the Petitioner.
See, e.g., Green lawn Funeral Home, 249 NLRB 1067 (1980).
284 NLRB No. 75