Menlo Coach Diner Restaurant

National Labor Relations Board - Board DecisionsNov 16, 1965

155 N.L.R.B. 972 (N.L.R.B. 1965)

972 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Volada, Inc., t/a Menlo Coach Diner Restaurant and Bartenders, Hotel and Restaurant Employees Union, Local 193, AFL-CIO. Case No. A0-89. November 16, 1965 ADVISORY OPINION This is a petition filed on October 21, 1965, by Volada, Inc., t/a Menlo Coach Diner Restaurant, herein called the Petitioner, for an Advisory Opinion in conformity with Sections 102.98 and 102.99 of the National Labor Relations Board Rules and Regulations, Series 8, as amended. In pertinent part, the petition alleges as follows : 1. There is pending in the Superior Court of New Jersey, Chancery Division, Middlesex County, a proceeding, Docket No. C-391-65, filed by the Petitioner. In this proceeding, the Petitioner is requesting the State court to conduct an election to determine whether the Petitioner's employees desire as their collective-bargaining representative Bar- tenders, Hotel and Restaurant Employees Union, Local 193, AFL-- CIO, herein called the Union, and further is seeking an injunction to restrain the Union, its officers, agents, and members from picketing the Petitioner's premises. The Union had requested recognition as exclusive bargaining representative of the Petitioner's employees and has picketed the Petitioner's premises with signs indicating that the Petitioner does not have a collective-bargaining agreement with the Union. 2. The Petitioner, a New Jersey corporation, is in the retail food distribution business operating a diner-restaurant presumably in Mid- dlesex County, New Jersey. Its annual gross volume of business is between $250,000 and $280,000. Accordingly, the Petitioner alleges that prima facie its operations do not meet the Board's jurisdictional standard for retail establishments. 3. Although served with a copy of the petition for Advisory Opin- ion, no response as provided by the Board's Rules and Regulations has been filed by the Union, which, according to the Petitioner, "does not question the [Board's] lack of jurisdiction." 4. The State court has made no finding with respect to the afore- mentioned commerce data. 5. There is no representation or unfair labor practice proceeding involving the same labor dispute now pending before the Board. On the basis of the above, the Board is of the opinion that : 1. The Petitioner, a New Jersey corporation, is a retail enterprise operating a diner-restaurant presumably in Middlesex County, New Jersey. 155 NLRB No. 93. LOCAL 282, INT'L BROTHERHOOD OF TEAMSTERS, .ETC. 9-73 2. The Bo a d's current st, darct for the 4 rtioli c iaaricr? coon ,over retail eillterprises within its statutory ji ri,hdietion en annual .gross volullle o business of le ?,: L i (1!!.(i i^). ('Lo 0 /"93 l 5!/^ )l la.y ar'd -till ^";rZ t 10-_^ N LRi i Ss, iit). &' ie ^^ `tlii'UlE'1`'` lIl'?SL%11 S^1o s volume o ^)?"i'?TP G L^ (,Iheii SI)(0,O0") anti iieerelo re does noi n2eet die none= ta.ry test ,fet' ii + r:Pl the I It H un ioien shit Clai d for the 'asn rtion of furl >JlCfilo11 OVet retail ente1'pl] es.` Accordingly, t r.. >a. len : ; 1 - ^1^ 1 % i <. lrl l e Section102.lO cl^' 'the Board's Rules' Sri . 9 ", as amended, that, ( the basis of the allegatiolne sui^ml .cl ';^ real, the Board would not, assert jurisdiction over the Petitioner's operations. 1 Joseph Macula; etal. d /b/a The MW Cafe, J 4 -NLRB1746. Local Union No. 282, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America FF. Mas- cali & Sons, Inc.; Triboro Asphalt Company; Certified Indus- tries, Inc.; Amfar Asphalt Company; Tully & Di Napoli, Inc.; 'Columbia Asphell Coypu ation; M. Parisi & Son, Inc,1 and Bus- ter Homes c1/bja Holmes Trucking Corp.; Mario lloceasAii'-, Nicholas Boccasini; James De Masi; Vito Boccasini; Ben Al- locco: Sale Fili d/b/a Patio Transit I x; Sebastian D'Agos- Lino d,/b/a Dee's Trucking Co.; Long Island Truck Owners' Association 'Local 282, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America [Lizza & Sons, Inc.] and Walter Michalowski and Joseph locca Local Union No. 282, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and George Negri, Inc. Local 282, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America; Transit Mix Concrete Corp.; Colonial ' Sand & Stone Corpor tion; Ryan Redi-iNIix Co.; M. F. Hickey Company; Principe-Dana, Inc. and George Negri, Inc. G' es rti os. 9--C(4 1 9 CC ` ;? )-^ 0-7,-4, 29- CC-7-4, 09-CC-7-5, 29-CC-7- ;2.N--0C-7 29-CO-740, 29- CC-7-12, 29-CC-10, 29-CE-1. 2.9 and 29-CE-2. November 17, 1965 DECISION AND ORI) ;R On March 22, 1965, Trial Exam i ll er Thon l.s s ' . Ricci issued his Decision in the above-entitled proceeding, finding that .the Respond- 155 NLRB No. 102.