Mission Of Our Lady Of Mercy

National Labor Relations Board - Board Decisions

Aug 13, 1974

212 N.L.R.B. 855 (N.L.R.B. 1974)

MISSION OF OUR LADY OF MERCY 855
Mission of Our Lady of Mercy and General Service
Employees Union Local No. 73, Service Employees
International Union, AFL-CIO , Petitioner. Case
13-RC-13294
August 13, 1974
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS KENNEDY AND
PENELLO
Upon a petition duly filed pursuant to Section 9(c)
of the National Labor Relations Act, as amended, a
hearing was held on April 1, 1974, and continued on
April 5, 1974, in Chicago, Illinois, before Hearing
Officer Lawrence E. Dube. After the hearing and pur-
suant to Section 102.67 of the National Labor Rela-
tions Board's Rules and Regulations and Statements
of Procedure, Series 8, as amended, the Regional Di-
rector for Region 13 issued an order transferring this
case to the Board for decision. Thereafter, the Em-
ployer filed a brief, and the Petitioner filed a motion
to remand the proceeding to the Regional Director
with a supporting brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
Upon the entire record in this case, the Board finds:
The Employer is a nonprofit Illinois corporation
founded in 1887 as a religious institution for the care
of orphans. At present the Employer cares for or-
phans who are wards of the State of Illinois, providing
them with residential and other general services.
These orphans receive their education at various
public and private schools in Chicago, which are un-
connected in any way with the orphanage. It was
stipulated by the parties that the annual gross revenue
of the Employer averages is in excess of $1 million, of
which approximately $779,000 is attributable to the
orphanage, and the rest primarily to a print shop and
a direct mail solicitation program. During the year
ending December 31, 1973, the Employer received
approximately $198,000 from agencies of the State of
Illinois and approximately $581,000 other donations
for the operations of the orphanage. All significant
purchases of goods and services are made locally.
For the reasons expressed in our recent decision in
Ming Quong Children's Center, 210 NLRB 899 (1974),
we conclude that it would not effectuate the policies
of the Act to assert jurisdiction over this type of non-
profit, noncommercial institution which is devoted
primarily to the charitable work of caring for orphans.
Accordingly, we shall dismiss the petition.
ORDER
It is hereby ordered that the petition filed herein be,
and it hereby is, dismissed.
MEMBER KENNEDY, concurring:
I concur in the result.
212 NLRB No. 131