Sunset Memorial Park Management Corp.

National Labor Relations Board - Board Decisions

Jun 24, 1987

284 N.L.R.B. 480 (N.L.R.B. 1987)

480 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
In the matter of Sunset Memorial Park Management
Corporation. Case A0-255
24 June 1987
ADVISORY OPINION
BY CHAIRMAN DOTSON AND MEMBERS
JOHANSEN, BABSON, STEPHENS, AND
CRACRAFT
A petition was filed on 22 May 1987 by Sunset
Memorial Park Management Corporation (the Peti-
tioner) for an advisory opinion in conformity with
Sections 102.98 and 102.99 of the National Labor
Relations Board Rules and Regulations, seeking a
determination whether the Board would assert ju-
risdiction over it.
In pertinent part the petition alleges as follows:
(1) There is pending before the Minnesota
Bureau of Mediation Services (BMS) a representa-
tion petition, Case 87-R-324, filed by the Interna-
tional Union of Operating Engineers, Local No. 49
(the Union), requesting the Union's certification as
the exclusive bargaining representative of a unit
consisting of all full-time employees of the Petition-
er engaged in maintenance, mechanical, and driver-
operators work.
(2) The Petitioner is a Minnesota corporation
which operates a cemetery and crematorium in
Minneapolis, Minnesota.
(3), During the past fiscal year, the Petitioner had
gross revenues equal to or exceeding $1 million
and purchased in excess of $50,000 in materials or
services directly from outside the State of Minneso-
ta.
(4) The Petitioner is unaware whether the Union
admits or denies the aforesaid commerce data and
the BMS has not made any findings with respect
thereto.
(5) There are no representation or unfair labor
practice proceedings involving the Petitioner and
the Union pending before the Board.
Although all parties were served with a copy of
the petition for advisory opinion, none has filed a
response as permitted by Section 102.101 of the
Board's Rules and Regulations.
On the basis of the foregoing, the Board is of the
opinion that it would assert jurisdiction over the
Petitioner. The Board has traditionally asserted ju-
risdiction over the operators of cemeteries whose
gross annual revenue exceeds $500,000 and whose
annual out-of-state purchases are more than de min-
imis. 1 As the Petitioner alleges that its gross reve-
nues equaled or exceeded $1 million, and that it
made direct out-of-state purchases in excess of
$50,000, the Petitioner would satisfy the Board's ju-
risdictional standards.
Accordingly, the parties are advised that, based
on the allegations herein, the Board would assert
jurisdiction over the Petitioner.
1 See, e.g., Inglewood Park Cemetery Assn., 147 NLRB 803 (1964), enfd.
355 F.2d 448 (9th dr.), cert. denied 384 U.S. 951 (1966).
284 NLRB No. 59