Uptown Associates

National Labor Relations Board - Board Decisions

Jul 13, 1992

307 N.L.R.B. 1286 (N.L.R.B. 1992)

1286
307 NLRB No. 193
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 The National Labor Relations Board has delegated its authority
in this proceeding to a three-member panel.
2 See 373–381 South Broadway Associates, 304 NLRB 1108
(1991), and cases cited there.
3 Cf. 135–45 West Kingsbridge Avenue Assoc., 300 NLRB 946
(1990) (asserting jurisdiction over real estate management company
having gross annual revenues equaling or exceeding $1 million and
out-of-state purchases in excess of $50,000).
4 The Board’s advisory opinion proceedings under Sec. 102.98(a)
of the Board’s Rules are designed primarily to determine whether an
employer’s operations meet the Board’s ‘‘commerce’’ standards for
asserting jurisdiction. Accordingly, the instant Advisory Opinion is
not intended to express any view as to whether the Board would cer-
tify the Union as representative of the petitioned-for unit under Sec.
9(c) of the Act. See generally Sec. 101.40(e) of the Board’s Rules.
Philip Samaroo d/b/a Uptown Associates and
Samaroo Management and Service Employees
International Union, Local 32E, AFL–CIO.
Case AO–297
July 13, 1992
ADVISORY OPINION
BY CHAIRMAN STEPHENS AND MEMBERS
DEVANEY AND OVIATT
Pursuant to Sections 102.98(a) and 102.99 of the
National Labor Relations Board Rules and Regulations,
on May 13, 1992, Philip Samaroo d/b/a Uptown Asso-
ciates and Samaroo Management (Petitioners) filed a
petition for an Advisory Opinion as to whether the
Board would assert jurisdiction over their operations.
In pertinent part, the petition alleges as follows:
1. A proceeding, Case Nos. SU-58100 and SU-
58101, is currently pending before the New York State
Employment Relations Board (NYSERB) in which the
Service Employees International Union, Local 32E,
AFL–CIO (the Union) is attempting to obtain certifi-
cation as representative of a single-employee unit at a
building owned by Uptown Associates at 500 West
215th Street.
2. Samaroo Management is engaged in the business
of rental building management. Samaroo Management
manages the building owned by Uptown Associates at
500 West 215th Street, a rental building with 27 resi-
dential units and 4 commercial units.
3. Samaroo Management and Uptown Associates are
jointly controlled and directed by Philip Samaroo, the
proprietor and general partner, respectively, of both or-
ganizations.
4. During the past calendar year, Samaroo Manage-
ment’s gross revenue from all sales or performance of
services equaled or exceeded $1 million, and its pur-
chases of materials or services directly from outside
the State exceeded $50,000.
5. The aforesaid commerce data has been neither ad-
mitted nor denied by the Union, and has not been con-
sidered by the NYSERB.
6. There is no representation or unfair labor practice
proceeding pending before the Board.
Although all parties were served with a copy of the
petition for an Advisory Opinion, none filed a re-
sponse.
Having duly considered the matter,1 we are of the
opinion that the Board would assert jurisdiction over
the Petitioners. It is well established that the commerce
data of joint or single employers may appropriately be
combined for jurisdictional purposes.2 Here, the peti-
tion alleges that the Petitioners are jointly controlled
and directed by Philip Samaroo, the proprietor and
general partner, respectively, of both organizations.
Thus, given that Petitioner Samaroo Management’s
commerce data alone clearly satisfies the Board’s juris-
dictional standards,3 assuming that the Petitioners are
in fact a joint or single employer of the employee at
the subject building, we find that jurisdiction may
properly be asserted over the Petitioners under the
Board’s current standards.
Accordingly, the parties are advised that, based on
the foregoing allegations and assumptions, the Board
would assert jurisdiction over Samaroo Management
and Uptown Associates.4
MEMBER OVIATT, dissenting.
Contrary to my colleagues, I would require the Peti-
tioners to submit further information regarding their
real estate operations before granting the petition and
issuing an Advisory Opinion. See my dissenting opin-
ions in 373–381 South Broadway Associates, 303
NLRB 973 (1990), further proceedings 304 NLRB
1108 (1991), and 135–45 West Kingsbridge Avenue
Assoc., 300 NLRB 946 (1990).