Stone Ends, Inc.

National Labor Relations Board - Board Decisions

Aug 18, 1970

184 N.L.R.B. 939 (N.L.R.B. 1970)

STONE ENDS MOTEL 939
Stone Ends , Inc., and Luciano Junco d/b/a Stone
Ends Motel and Hotel , Motel Restaurant Em-
ployees & Bartenders Union , Local 471,
AFL-CIO. Case AO- 122
August 18, 1970
ADVISORY OPINION
This is a petition filed on July 17, 1970, by Stone
Ends, Inc., and Luciano Junco d/b/a Stone Ends
Motel, herein called the Petitioners, for an Adviso-
ry Opinion in conformity with Section 102.98 and
102.99 of the National Labor Relations Board's
Rules and Regulations, Series 8, as amended.
Although served with a copy of the petition for an
Advisory Opinion, no response as provided by the
Board's Rules and Regulations has been filed by
any party.
In pertinent part, the petition alleges as follows:
1. There is presently pending before the New
York State Labor Relations Board, herein called
the State Board, a representation proceeding with
docket number Case CE-1515, to which the only
parties are the Petitioners and Hotel, Motel Restau-
rant Employees & Bartenders Union, Local 471,
AFL-CIO, herein called the Union.
2. Stone Ends, Inc., a New York corporation,
operates a restaurant known as Stone Ends Restau-
rant on U.S. Route 9W, at Glenmont, New York,
while Luciano Junco, operates a motel known as
Stone Ends Motel at the same location. Operating
from a common situs, the Petitioners convey to the
public the impression that they are an integral part
of a single enterprise. Thus, restaurant patrons util-
ize the motel parking facilities, while motel guests
frequently dine at the restaurant.
3. During the fiscal year 1969, the motel's gross
revenues were approximately $70,000, while the
restaurant's gross revenues were approximately
$281,000, for a combined total of $357,000 gross
annual volume of business. During 1969, the
restaurant purchased food, liquor, and supplies
valued at approximately $143,000, of which
$17,000 represented direct purchases from outside
the State of New York, while $62,613 represented
purchases from local suppliers who themselves
received in excess of $50,000 worth of merchandise
from outside the State of New York. The Peti-
tioners contend that the $17,000 constitutes direct
inflow and the $62,613 constitutes indirect inflow,
so that they had a combined direct and indirect in-
flow of $79, 613 during 1969.
4. The State Board has made no findings with
respect to the aforesaid commerce data which has
been neither admitted nor denied.
5. There is no representation or unfair labor
practice proceeding involving the same labor
dispute pending before the Board.
On the basis of the above , the Board is of the
opinion that:
1. The Petitioners operate a restaurant and
motel on Route 9W at Glenmont , New York, which
are enterprises to which the Board 's retail and/or
motel standards apply.'
2. For purposes of this Advisory Opinion, the
Board assumes that the Petitioners ' $79,613
purchases constitute direct and indirect inflow to
them.
3. The current Board standard for the assertion
of jurisdiction over retail enterprises within its
statutory jurisdiction is an annual gross volume of
business of at least $500,000. Carolina Supplies and
Cement Co., 122 NLRB 88, 89 . The current Board
standard for the assertion of jurisdiction over
motels, excluding permanent and resident motels,
requires , inter alia , that the gross annual revenue
must be at least $ 500,000 . Floridan Hotel of Tampa,
Inc., 124 NLRB 261. Although the Petitioners'
$80,000 direct and indirect inflow from outside the
State of New York established the Board 's legal ju-
risdiction , the Petitioners' combined annual gross
volume of business is less than $ 500,000 and there-
fore does not meet the monetary test of the Board's
discretionary standards for the assertion of jurisdic-
tion over retail enterprises or motels.
Accordingly , the parties are advised, under Sec-
tion 102 .113 of the Board's Rules and Regulations,
Series 8, as amended , that on the allegations sub-
mitted herein, the Board would not assert jurisdic-
tion over the Petitioners ' operations.
See , e g., The Mill Cafe, 154 NLRB 1746, Norwalk Motor Inn, Inc, 136
NLRB 1090
184 NLRB No. 116