Piedmont Properties, Inc. d/b/a Hempstead Motor Hotel

National Labor Relations Board - Board Decisions

Aug 23, 1982

263 N.L.R.B. 645 (N.L.R.B. 1982)

HEMPSTEAD MOTOR HOTEL
Piedmont Properties, Inc. d/b/a Hempstead Motor
Hotel and Local 32B-32J, Service Employees
International Union, AFL-CIO. Case AO-237
August 23, 1982
ADVISORY OPINION
On July 6, 1982, a petition for an advisory opin-
ion, and a memorandum in support thereof, was
filed by Piedmont Properties, Inc. d/b/a Hemp-
stead Motor Hotel, herein called the Employer, in
conformity with Sections 102.98 and 102.99 of the
National Labor Relations Board Rules and Regula-
tions, Series 8, as amended, seeking to determine
whether the Board would assert jurisdiction over
the Employer.
In pertinent part the petition and memorandum
allege as follows:
(1) There is pending before the New York State
Labor Relations Board, herein called the State
Board, a petition filed by Local 32B-32J, Service
Employees International Union, AFL-CIO, herein
called the Union, Case SE-54403, seeking a repre-
sentation election. No determination has been made
by the State Board with respect to such petition.
(2) The Employer is a private corporation oper-
ated for profit. It presently owns and operates a
motor hotel located in West Hempstead, New
York, which has 72 rooms which are rented on a
daily rate basis. All of its guests are transient. The
Employer's principal office is at the above location.
By its petition, the Employer asserts that its gross
annual revenues exceed $500,000 and that it annual-
ly purchases goods and services involved in inter-
state commerce valued in excess of $50,000.
(3) The Union neither admits nor denies the
aforesaid commerce data and the State Board has
made no findings with respect thereto.
(4) There is no representation or unfair labor
practice proceeding pending before this Board.
(5) 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 above, the Board is of the
opinion that:
(I) The Employer presently owns and operates a
motor hotel located in West Hempstead, New
York.
(2) The Board's current standard for the asser-
tion of jurisdiction over owners of hotels and
motels, who come within the Board's legal jurisdic-
tion, is a gross annual revenue in excess of
$500,000.1
As the Employer's gross annual revenues exceed
$500,000, and as its annual purchases of goods and
services involved in interstate commerce are
valued in excess of $50,000, we would assert juris-
diction over the Employer's operations.
Accordingly, the parties are advised, under Sec-
tion 102.103 of the Board's Rules and Regulations,
Series 8, as amended, that, based on the allegations
herein, the Board would assert jurisdiction over the
operations of the Employer with respect to labor
disputes cognizable under Sections 8, 9, and 10 of
the Act.
I Penn-Keystone Realty Corp., 191 NLRB 800 (1971).
263 NLRB No. 87
645