Puerto Rico Labor Relations Board

National Labor Relations Board - Board DecisionsMay 15, 1975

217 N.L.R.B. 992 (N.L.R.B. 1975)

992 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Puerto Rico Labor Relations Board and Sociedad Es- panola de Auxilio Mutilo y Beneficencia de Puerto Rico . Case AO-169 May 15, 1975 ADVISORY OPINION A petition for an advisory opinion was filed on March 11, 1975, by Puerto Rico Labor Relations Board, herein called the Petitioner, and on March 24, 1975, Sociedad Espanola de Auxilio Mutuo y Benefi- cencia de Puerto Rico, herein called the Employer, filed a cross-petition' for an advisory opinion, and motion,' with attachments, in conformity with Sec- tions 102.98 and 102.99 of the Board's Rules and Regu- lations, Series 8, as amended, seeking to determine whether the Board would assert jurisdiction over the Employer on the basis of its current standards. In pertinent part, the documents submitted allege as follows: 1. There are pending before the Petitioner three un- fair labor practice cases against the Employer. On Au- gust 29, 1974, the Employer filed in the United States District Court for the District of Puerto Rico a Com- plaint and Petition for Injunction, Civil No. 74-1002, against the Petitioner, its chairman and as- sociate members, authorized- representatives, officers, agents, members, employees, and attorneys to cease and desist from continuing with any and all proceed- ings in the above cases against the Employer. On Sep- tember 4, 1974, the parties stipulated in writing, with court approval, that the Petitioner would not continue prosecution of said cases until this Board had expressed that it would not assert jurisdiction, and that the parties would request this Board for an advisory opinion con- cerning the jurisdiction of the Petitioner over the above unfair labor practice cases. The case was dismissed by the court without prejudice. 2. The Employer is a nonprofit association organized under the laws of the Commonwealth of Puerto Rico, and, at all times material herein, has operated, and continues to operate, a hospital at Hato Rey, Puerto Rico. Its gross volume of business, during the past 12 i The petitions are hereby consolidated for the purpose of this advisory opinion. 2 In view of our disposition herein, we find it unnecessary to pass on the Employer's motion to file a brief in support of its cross-petition months, exceeded $2 million.3 During the same period, the Employer imported directly from points and places outside of Puerto Rico goods valued in ex- cess of $50,000. 3. The above commerce data has been neither admit- ted nor denied by other parties to the proceeding, nor has the Petitioner made any findings in connection therewith. 4. There is no representation or unfair labor practice proceeding involving the same labor dispute pending before this Board. On the basis of the foregoing, the Board is of the opinion that: (1) The Employer is a nonprofit association which operates a hospital at Hato Rey, Puerto Rico. (2) Recent amendments to the National Labor Rela- tions Act4 extended the Board's jurisdiction to non- profit hospitals. The Board has previously asserted ju- risdiction over proprietary hospitals which come within its statutory jurisdiction and have an annual gross volume of $250,000.5 As the Employer here meets our basic jurisdictional standard, and does a gross volume of approximately $2 million which meets any of our existing gross volume of business standards, and as its out-of-state purchases bring its operations within our statutory jurisdiction, we conclude that the Board would assert jurisdiction herein.' We leave to subsequent adjudication the determination of the pre- cise monetary standard to be applied to nonprofit hospitals.' However, our assertion of jurisdiction is limited to disputes arising on or subsequent to August 25, 1974, and, accordingly, would not extend to any disputes arising before that date.' Accordingly, the parties are advised, under Section 102.103 of the Board's Rules and Regulations and Statements of Procedure, Series 8, as amended, that on the allegations herein presented 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, which occurred on or subsequent to August 25, 1974, the effective date of Public Law 93-360. 3 Although in its petition the Petitioner alleges that the Employer has a gross volume of business in excess of $500,000, in view of the fact that the Petitioner has not made any findings with respect to the commerce data, it is reasonable that the $2 million figure be used as set forth in the Employer's cross-petition 4 Public Law 93-360, 93d Cong., S. 3203, 88 Stat 395, effective August 25, 1974 5 Butte Medical Properties, d/b/a Medical Center Hospital, 168 NLRB 266 (1967) 6 Allegheny General Hospital, 216 NLRB No. 168 (1975), Yale-New Ha- ven Hospital, 214 NLRB No 34 (1974) 7 Cf Cornell University, 183 NLRB 329, 334 (1970) 8 See United States Postal Service, 200 NLRB 413 (1972) 217 NLRB No. 168