Bowlavar, Inc.

National Labor Relations Board - Board Decisions

Apr 11, 1961

131 N.L.R.B. 77 (N.L.R.B. 1961)

BOWLAVAR, INC., A CORPORATION, & WM. WINSLOW 77
Bowlavar , Inc., a corporation , and William Winslow and Local
90, General Team and Truck Drivers, Helpers and Warehouse
Men's Union , Edgar C. Hartzer, secretary -treasurer and busi-
ness agent of Local 90, Joseph Kuel, Jr. and Arthur L. Carson,
assistant business agents of Local 90, William Wright , Lonnie
Chambers and Dennis Breese. Case No. A 0-24. April 11, 1961
ADVISORY OPINION
This is a petition filed by Bowlavar, Inc., and William Winslow,
herein called Petitioners, for an advisory opinion under Section 102.98
of the Board's Rules and Regulations, Series 8.
In pertinent part, the petition alleges as follows :
1. Petitioner Bowlavar, Inc., is an Iowa corporation having its prin-
cipal place of business in Des Moines, Iowa, where it operates a bowl-
ing alley and lounge. During the fiscal year ending September 30,
1960, Bowlavar did a gross volume of business in the amount of
$370,836.17. During the calendar year ending 1960 it purchased bowl-
ing merchandise from outside the State in the sum of $13,960.03 and
also purchased from local distributors $20,660.56 worth of beer, the
origin of which was not indicated.
2. William Winslow is an individual who has leased equipment and
restaurant space in Bowlavar' s premises and his operations are ex-
clusively on his own account and credit. During the calendar year
1960, he did a gross volume of business of $106,000, and made only
local purchases of food or supplies except possibly for a purchase of
stationery.
3. On February 6, 1961, the Petitioners, as plaintiff s, filed a petition
for an injunction and for damages in the Polk County, Iowa District
Court, in Des Moines, Iowa, against Local 90, General Team and
Truck Drivers, Helpers and Warehouse Men's Union, Edgar C.
Hartzer, secretary-treasurer and business agent of Local 90; Joseph
Kuel, Jr., and Arthur L. Carson, assistant business agents of Local 90;
William Wright, Lonnie Chambers, and Dennis Breese, as defendants.
This action, docketed as equity No. 66758, sought injunctive relief
against the maintenance of picket lines and damages under the Iowa
right to work and antiboycott laws.
4. Thereafter, the aforementioned defendants filed a special appear-
ance contesting the jurisdiction of the Iowa District Court in said pro-
ceeding. On February 13, 1961, the Iowa District Court entered an
order dismissing the action for the injunction and for damages on the
grounds that it had no jurisdiction over the matter therein.
5. On the same date, February 13, 1961, an appeal was taken from
the aforesaid order of the Iowa District Court to the Supreme Court
131 NLRB No. 18.
78 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Iowa. This appeal has docket No. 50344 and will be submitted to
the Iowa Supreme Court at the April 1961 session.
6. On February 23, 1961 , Petitioner Bowlavar filed a charge with
the Board's Minneapolis Regional Office against the labor organization
or its agents , naming Local 90, General Team and Truck Drivers,
Helpers and Warehouse Men's Union, Edgar C. Hartzer, its secretary-
treasurer and business agent, and Arthur L. Carson, its business agent.
7. No response has been received from any of the defendants or
from the Minneapolis Regional Director.
On the basis of the above the Board is of the opinion that:
1. Petitioner Bowlavar , Inc., is engaged in the business of operating
a bowling alley and lounge, while Petitioner William Winslow is
engaged in the business of operating a restaurant . Both Petitioners
conduct detail enterprises . ( Dale Mabrey Lane, Ltd., Case No. 12-
RC-1010, not published in NLRB volumes ; cf . Park Plaza Amuse-
ment Company , 124 NLRB 428; Bickford 's Inc., 110 NLRB 1904, at
1905; Restaurant & Tavern Owners Association of Salem, 126 NLRB
671.
2. The Board's current standard for asserting jurisdiction over re-
tail enterprises within its statutory jurisdiction is a gross volume of
business of at least $500,000 per annum. ( Carolina Supplies and
Cement Co., 122 NLRB 88.) The Petitioner 's operations, whether
considered jointly or severally , do not meet the retail standard for
the assertion of jurisdiction by the Board.
Accordingly the parties are advised , pursuant to Section 102.103 of
the Board 's Rules and Regulations , Series 8, as follows :
The Board would not assert jurisdiction over the operations of the
Petitioners , Bowlavar, Inc., and William Winslow on the facts pre-
sented herein because their operations do not satisfy the Board's
standard for asserting jurisdiction over retail enterprises.
CHAIRMAN McCuLLOCH took no part in the consideration of the
above Advisory Opinion.
Dwight B . Gold, d/b/a Gold Electric Company and International
Brotherhood of Electrical Workers, Local Union No. 1, AFL-
CIO. Case No. A0-23. April 11, 1961
ADVISORY OPINION
This petition for an advisory opinion has been filed by International
Brotherhood of Electrical Workers, Local Union No. 1, AFL-CIO,
herein referred to as Local No. 1. As abridged, it contains the fol-
lowing allegations :
Dwight B. Gold, an individual doing business as Gold Electric
Company, is engaged at St. Louis, Missouri, in the business of elec-
131 NLRB No. 16.