Ramapo Manor Nursing Center

National Labor Relations Board - Board DecisionsMay 5, 1965

152 N.L.R.B. 439 (N.L.R.B. 1965)

RAMAPO MANOR NURSING CENTER 439 B. Redesignate paragraphs 2(c) and 2(d) as 2(d) and 2(e), respec- tively. Delete existing paragraph 2(e). Add as paragraph 2(c) and 2 (f) the following : "2(c). Notify the said Employer that it is withdrawing the griev- ance concerning the Employer's failure to discharge employees for failure to pay dues for the month of January 1963, which was filed against the Employer on August 27,1963." "2(f). Notify the Regional Director, in writing, within 10 days from the date of this Order, what steps Respondents have taken to comply herewith." C. Add the following paragraph to the notice: WE HAVE WITHDRAWN the grievance we filed against the Com- pany on August 23, 1963, concerning the Company's refusal to discharge employees who refuse to pay dues for the month of January 1963. Ramapo Manor Nursing Center and Local 1199, Drug and Hos- pital Employees Union , AFL-CIO. Case No. A0-83. May 5, 1965 ORDER DISMISSING PETITION FOR ADVISORY OPINION This is a petition filed on February 19, 1965, by Ramapo Manor Nursing Center, herein called the Petitioner, pursuant to Sections 102.98 and 102.99 of the National Labor Relations Board's Rules and Regulations, Series 8, as amended, requesting an Advisory Opinion in which it would advise that the Board would assert jurisdiction over the Petitioner herein. The Petitioner has filed a brief in support of its position, while Local 1199, Drug and Hospital Employees Union, AFL-CIO, herein called Local 1199, has filed a brief in opposition. There is presently pending between the Petitioner and Local 1199, a representation proceeding, Docket No. SE-38515, before the New York State Labor Relations Board. Ivan McLeod, Regional Director for Region 2 of the National Labor Relations Board, herein called the Regional Director, had administratively dismissed, on jurisdictional grounds, a representation petition in Case No. 2-RM-1376, involving the same parties; and there has been pending before this Board, the Petitioner's appeal from this dismissal. The appeal has been admin- istratively denied by the Board this date. The Board has duly considered the petition and briefs, and has taken official notice that the Board has denied the Petitioner's appeal, thereby affirming the Regional Director's dismissal of Case No. 2-RM-1376 on 152 NLRB No. 35. 440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD jurisdictional grounds. Our Rules and Regulations governing Advis- ory Opinion procedures were formulated after the Landrum-Griffin amendments of 1959 to inform State courts and agencies whether the Board in given circumstances would assert jurisdiction under its dis- cretionary commerce standards and thus aid them in determining their own jurisdiction.' But, where as here, in a statutory representation proceeding (Case No. 2-RM-1376), the Board's denial of the appeal has administratively affirmed the Regional Director's dismissal on jurisdictional grounds and has, in effect, determined the same juris- dictional question underlying the petition for Advisory Opinion herein, no practical or useful purpose would be served by having the Board issue an Advisory Opinion; and the underlying purpose of the Advisory Opinion procedures would be better served, without neces- sary duplication and possible confusion, if this petition for Advisory Opinion were dismissed? For these reasons, we shall dismiss the Petition for Advisory Opinion herein. [The Board dismissed, for the reasons set out above, the Petition for Advisory Opinion.] 1 Maitre'D Restaurant, 145 NLRB 1161. See Maitre'D Restaurant, supra. Sprinklers Fitters Union Local No . 709, affiliated with The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada and A-1 Mechanical Contracting Co. Case No. 21-CC-749. May 6, 1965 DECISION AND ORDER Upon a charge filed on April 24, 1964, and a first amended charge filed on July 1, 1964, by A-1 Mechanical Contracting Co., the General Counsel of the National Labor Relations Board, by the Regional Direc- tor for Region 21, issued a complaint dated July 20, 1964, against Sprinklers Fitters Union Local No. 709, affiliated with The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, herein called Respondent, alleging that the Respondent had engaged in and was engaging in unfair labor practices affecting commerce within the mean- ing of Section 8(b) (4) (i), (ii) (A) and (B) of the National Labor Relations Act, as amended. Copies of the complaint and notice of hearing were duly served upon the parties. The Respondent filed an answer denying the commission of the alleged unfair labor practices. On September 21, 1964, the parties filed a motion to transfer proceed- ings to the Board together with a stipulation of facts. The parties 152 NLRB No. 45.