Furusato Hawaii, Ltd.

National Labor Relations Board - Board Decisions

Jul 15, 1971

192 N.L.R.B. 105 (N.L.R.B. 1971)

FURUSATO
Furusata Hawaii, Ltd. and Hawaii Teamsters & Allied
Workers, Local 996. Case AO-135
July 15, 1971
ADVISORY OPINION
Petition herein was filed April 21, 1971, by Furusato
Hawaii, Ltd., herein called the Employer, pursuant to
Sections-102:98 and -102.99 of the National Labor
Relations Board's Rules and Regulations, Series 8, as
amended.
In pertinent part, the petition alleges that:
1. There is pending before the Hawaii Employ-
ment Relations Board, Department of Industrial
Relations, State of Hawaii, an unfair labor practice
proceeding, Docket No. 71-3, filed on March 22,
1971, charging'the Employer with discrimination in
regard to hire, tenure of employment, and other, terms
and conditions of employment of one of-its employees
in order to discourage her membership in the Union.
2. The-Employer is a Hawaii corporation engaged
in the operation of a Japanese-style restaurant at the
Waikiki Grand..Hotel in Honolulu, Hawaii.
3. The Employer alleges that during the past year
in the course and conduct of its restaurant business, it
had gross sales of approximately $480,000 and that it
annually purchased goods, and materials valued in
excess -of $50,000, directly and indirectly, from places
outside the State of Hawaii. The Employer further
alleges that in August 1971, it will open a second and
larger Japanese-style restaurant in a Honolulu hotel
which is expected to produce a gross revenue of
approximately $60,000 a month. It is also alleged that
the Union will admit the foregoing commerce data
HAWAII, LTD. 105
except as to the amount of gross revenues expected for
the new restaurant.
4. The Hawaii Employment Relations Board has
made no findings with respect to the aforesaid
commerce data.
5. There is no representation or unfair labor
practice proceeding involving the same labor dispute
pending before the National Labor Relations Board.
Although served with a copy of the petition, no
response as provided for in the Board's Rules and
Regulations has been filed by any other party.
On the basis of the above, the Board is of the
opinion that:
1. The f Employer, is engaged in. the operation of a
Japanese-style restaurant in Honolulu, Hawaii.
2. The Board's current standard for the-assertion
of jurisdiction over retail enterprises, within its
statutory jurisdiction is an annual gross volume of
business of at least $500,000. Carolina Supplies and
Cement Co., 122 NLRB 88, 89. The Employer alleges
that its current annual gross volume of business is.less
than $500,000, which does not meet the standard
established by the Board for the assertion of jurisdic-
tion over retail enterprises. The Employer additional-
ly alleges in general terms that it contemplates the
opening of an additional restaurant-in August 1971,
which, it 'expects to gross additional revenues- of
$60,000 per month.
Accordingly, on the basis of the Employer's
allegations, the parties are advised that the Board
would not assert- jurisdiction herein because: at the
time the unfair labor practices are alleged to have
been committed and the charges were filed with the
Hawaii Employment Relations Board, the operations
of the Employer did not meet the Board's standard for
the assertion of jurisdiction over retail enterprises.
192 NLRB No. 18