Mandel Management Co., 1121 (1977)

MANDEL MANAGEMENT CO.

Henry R. Mandel d/b/a Mandel Management Company, Managing Agent for Greenwich Village Community Housing Corp. and Service Employees International Union, Local 32B, AFL-CIO. Case AO-195

June 2, 1977 ADVISORY OPINION

BY CHAIRMAN FANNING AND MEMBERS

JENKINS, MURPHY, AND WALTHER A petition and memorandum in support thereof were filed on March 16 and 28, 1977, respectively, by Henry R. Mandel, d/b/a Mandel Management Company, managing agent for Greenwich Village Community Housing Corp., herein called the Employer, for an Advisory Opinion, in conformity with Sections 102.98 and 102.99 of the 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 memorandum allege as follows:

(1) There is pending before the New York Labor Relations Board, herein called the State Board, unfair labor practice proceedings filed by Service Employees International Union, Local 32B, AFLCIO, herein called the Union.

(2) The Employer, as managing agent for Greenwich Village Community Housing Corp., is in the business of managing, renting, and maintaining a residential apartment complex consisting of 42 separate buildings in the City of New York. The Employer is in complete control of all labor policies for the entire complex, as well as the collection of rents and the purchase of supplies for the maintenance of all the structures. Employees employed by the Employer work throughout the complex, mostly on an interchangeable basis.' The Employer, as managing agent for Greenwich Village Community Housing Corp., collects an annual rental from the tenants in the complex of approximately $2,350,000, and, in the exercise of its management of the complex, the Employer paid approximately $360,000 to Consolidated Edison for electricity and gas and $31,000 to various suppliers in interstate commerce for maintenance and repair materials.

(3) The Union neither admits nor denies the aforesaid commerce data and the State Board has made no findings with respect thereto.

I As managing agent, the Employer hires and fires all employees working on the premises, directs and schedules these employees, maintains and repairs apartments and the grounds appurtenant thereto, purchases items of capital improvement, and makes whatever purchases or disbursements necessary for the operation ofthe housing complex.

(4) There is no representation or unfair...