The Children's Village, Inc.

National Labor Relations Board - Board Decisions

Feb 3, 1970

180 N.L.R.B. 1044 (N.L.R.B. 1970)

1044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Children ' s Village , Inc. and Local 1707
Community & Social Agency Employees Union,
AFSCME, AFL-CIO. Case AO-119
February 3, 1970
ADVISORY OPINION
BY CHAIRMAN MCCULLOCH AND MEMBERS
FANNING, BROWN, AND JENKINS
This is a petition filed on January 9, 1970, by The
Children ' s Village, Inc., herein called the Petitioner,
pursuant to Sections 102.98 and 102 99 of the
National Labor Relations Board Rules and
Regulations , Series 8, as amended, for an Advisory
Opinion with respect to whether the Board would
assert jurisdiction over the operations of the
Petitioner . There is presently pending before the
New York State Labor Relations Board a
representation proceeding , Case SE-43504, filed on
December 5 , 1969, by Local 1707, Community &
Social Agency Employees Union, AFSCME,
AFL-CIO, herein called the Union , requesting an
election among certain employees of the Petitioner.
There is also pending in the Board's Region 2, a
representation petition in Case 2-RM-1603 filed on
December 18, 1969, by the Union.
The Board has duly considered the allegations of
the petition. The Board's Advisory Opinion
proceedings "are designed primarily to determine
questions of jurisdiction by application of the
Board's discretionary standards to the `commerce'
operations of an employer."' The petition details
commerce data allegedly pertinent to the Board's
discretionary standards. But the entire submission
raises the basic underlying issue whether the
Petitioner, a nonprofit residential treatment center
for emotionally disturbed children, is a nonprofit
hospital excluded from the definition of "employer"
in Section 2(2) of the Act. As this issue does not fall
within the intendment of the Board's Advisory
Opinion rules,' we shall dismiss the petition herein.
Accordingly, it is hereby ordered that, for the
reasons set forth above, the petition for an Advisory
Opinion herein be and it hereby is dismissed.
'Upper Lakes Shipping, Ltd, 138 NLRB 221, Mayo Clinic, 165 NLRB
No 29
'Ibid
180 NLRB No 169