Legal Services for Northwestern Pennsylvania, 688 (1977)

Legal Services for Northwestern Pennsylvania and Pennsylvania Social ServicesUnion Local No. 668,

SEW, AFGCIO. Case AO- 193

July 7, 1977 ADVISORY OPINION

A petition and brief in support thereof were filed on December 20, 1976, and January 6, 1977, respectively, by Legal Services for Northwestern Pennsylvania, herein called the Employer, for an advisory opinion, in conformity with Sections 102.98 and 102.99 of the National Labor Relations Board's Rules and Regulations, Series 8, as amended, seeking to determine whether the Board would assert jurisdiction over the Employer's operations.

In pertinent part the petition and brief allege as follows:

1. There is pending before the Pennsylvania Labor Relations Board, herein called the State Board, a representation proceeding, docket PERAR-9041-W, filed by Pennsylvania Social Services Union Local No. 668, SEIU, AFL-CIO, herein called the Union, seeking to be certified as the representative of certain employees employed by Employer.1

2. The Employer is a Pennsylvania nonprofit corporation whose purpose is to provide legal services of a civil nature to eligible low-income persons in 12 counties in Northwestern Pennsylvania. Its business and affairs are managed by a board of trustees who are appointed from the various counties. The Employer is funded under a contract, negotiable annually, with the Pennsylvania Legal Services Center, which is a Pennsylvania nonprofit corporation funded by the state and Federal governments.* The Employer does not accept remuneration for its services from the clients it represents. Its budget consists only of necessary expenses required to further the purposes of the corporation. For fiscal year July 1, 1976, through June 30, 1977, the Employer's budget was $850,000.

   The Union also filed a representation petition with the National Labor Relations Board. By letter dated December 22, 1976, the Union notified the Board that it withdrew its petition filed on October 15, 1976.

   The contract between the parties requires the Employer to furnish services to only those clients who meet the state and Federal eligibility requirements of Title XX of the Social Security Act, enacted by Pub.L. 93647, effective October 1, 1975. The Employer derives 25 percent of its funds from the Commonwealth of Pennsylvania and 75 percent from the Federal government.

   Foley, Hoag dl Eliot, 229 NLRB No. 80(1977).

   Bodle, Fogel, et a/.,206 NLRB 512(1973).

   J Sec. 1qc)states:

   (I) The Board, in its discretion....