The Children's Aid Society

National Labor Relations Board - Board Decisions

Jun 18, 1975

218 N.L.R.B. 631 (N.L.R.B. 1975)

THE CHILDREN'S AID SOCIETY 631
The Children's Aid Society and Community and
Social Agency Employees Union, District Council
1707, AFSCME, AFL-CIO. Case AO-170
June 18, 1975
ADVISORY OPINION
BY MEMBERS FANNING, JEmKINS, AND
PENELLO
A petition, with exhibits, was filed on April 2, 1975,
by The Children's Aid Society, herein called the
Employer, for an Advisory Opinion, in conformity
with Sections 102.98 and 102.99 of the Board's Rules
and Regulations , Series 8 , as amended, seeking to
determine whether the Board would assert jurisdic-
tion over the Employer. Subsequently, the Employer
submitted a brief and two affidavits in support of its
petition.
In pertinent part, the petition, brief, and affidavits
allege as follows:
(1) There is pending before the New York State
Labor Relations Board, herein called the State
Board, a representation petition filed by Community
and Social Agency Employees Union, District
Council 1707, AFSCME, AFL-CIO, herein called
the Union, Case No. SE-48475, seeking to represent
social workers employed by the Employer at one of
its locations, 150 East 45th Street, New York City.
(2) The Employer, a New York State corporation,
is a nonprofit social service agency whose purpose is
to help children and their families who need
assistance to enable each child to develop his full
potential and to help strengthen and enrich his
family and the surrounding community. It provides
services at a number of locations in and near New
York City, including the 150 East 45th Street
location. The Employer offers a variety of services in
support of the disadvantaged children it serves,
including, when necessary, services to place and
supervise a child in foster, adoptive, or group
residential homes . The Employer's centers provide
group social work, recreation , tutoring, vocational
guidance, family counseling, dental and mental
health services, and information and referral services
to help neighborhood residents with education,
health, housing, employment, and- welfare problems.
In addition to the above, the Employer conducts a
learning center for hyperactive, severely deprived
children who have difficulties within the public
school system, and a mental retardation program to
enable retarded children to enter the special public
1 The Employer receives at least $1 million in Federal funds under the
various titles of the Social Security Act.
2 The Employer estimates that 30 percent of the funds disbursed by the
city are Federal funds.
218 NLRB No. 108
school classes for the retarded. The Employer is also
engaged in Head Start programs.
(3) The Employer's revenues for the fiscal year
ending June 30, 1974, were in excess of $6.5 million.
It employs almost 500 persons. Income derived from
the Federal Government' and New York City2
totaled $3,779,569. Payments for foster care services
of $75,920 were for placement and supervision of
some 16 children in foster homes outside New York
State. In fiscal 1973-74, the Employer spent $279,903
for goods, commodities, and services from firms
located outside New York State. During the same
fiscal period, the Employer spent $135,704 for goods,
commodities, and services which orginated outside
New York State but which were supplied by firms
within the State.
(4) The Union neither admits nor denies the
aforesaid commerce data and the State Board has
made no findings with respect thereto.
(5) There is no representation or unfair labor
practice proceeding involving the same labor dispute
pending before this Board.
(6) Although served with a copy of this petition, no
response as provided by the Board's Rules and
Regulations has been filed by any of the parties.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
On the basis of the above, the Board is of the
opinion that:
(1) The Employer, a New York State corporation,
is a nonprofit social service agency whose purpose is
to help children and their families who need
assistance to enable each child to develop his full
potential and to help strengthen and enrich his
family and the surrounding community. Among its
services are placing and supervising children in
foster, adoptive, and group residential homes and
conducting learning centers for hyperactive and
retarded children.
(2) The Employer asserts that the Board should
follow the precedent set forth in Lutheran Welfare
Services of Illinois, 3 in which the Board asserted
jurisdiction over the employer whose operations are
comparable to the Employer herein.4 As the Employ-
er's annual revenues are in excess of $6.5 million and
its out-of-state expenditures are in excess of
$400,000, it is clear that the Employer herein, as the
employer in Lutheran Welfare Services, supra is
engaged in commerce within the meaning of the Act
and meets every discretionary jurisdictional standard
3 216 NLRB No. 96 (1975), Member Kennedy dissenting.
4 The Employer herein, as well as the employer in Lutheran Welfare
Services, provides programs which are both custodial and educational in
nature.
632 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
we have applied to date. Accordingly, we find that it tions, Series 8, as amended, on the allegations
would effectuate the policies of the Act to assert presented herein, the Board would assert jurisdiction
jurisdiction herein . over the Employer's operations with, respect to labor
Accordingly , the parties are advised that , under disputes cognizable under Sections 8, 9, and 10 of the
Section 102.103 of the Board's Rules and Regula- Act.