Air Fan Engineering Co.

National Labor Relations Board - Board Decisions

May 31, 1950

89 N.L.R.B. 1688 (N.L.R.B. 1950)

In the Matter ,of AIR., X ENGINEERING COMPANY, EMPLOYER and
UNITED STEELWORKERS . OF, AMERICA, ON, „BEHALF OF: L.o.GAI U 7ION
2018, CIO
Case No. 21-RC-1108.-Decided May 31, 1950
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before Ralph _ H.
Nutter, hearing officer of the National Labor Relations Board. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.'
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Reynolds and Murdock].
Upon the entire record in this case, the Board finds :
1. The business of the Employer :
The Employer, located in California, is engaged in the fabrication
and installation of sheet metal projects comprised of air conditioning,
ventilation, dust removal, and fumes removal systems of various types
from August to January; the distribution of Reznor heaters from
October to January ; and the manufacture of small air-conditioning
units from February to July.2 For the year 1949, the Employer made
total purchases amounting to $97,700, of which $53,000 or 54 percent
represents direct inflow from outside the State (including $41,000
worth of heaters) ; $13,000 or 23 percent, indirect inflow; and $31,700
or 39 percent, local purchases. Total sales for the same period
amounted to $187,000, of which less than one-half of 1 percent rep-
1 Sheet Metal Workers International Association on behalf of Local 371 and Local 108
is the intervenor in this proceeding.
2 The month -to-month periods given above are inclusive.
Formerly the Employer was engaged in the manufacture of air-conditioning units on a
small scale, but since 1949 the manufacture of that product has become essentially the
whole business for approximately 5 months. Testimony of the general manager of the
Employer , however, indicates that sheet metal contracts may be undertaken at any time
of the year.
89 NLRB No. 166.
1688
AIR FAN ENGINEERING COMPANY 1689
resented direct or indirect, outflow outside the State. The Employer
contracts for sheet metal projects, builds the equipment according
to individual specifications, and installs it for the final consumers, all
industrial companies within California.' The heaters are distributed
by the Employer to industrial companies and heating contractors
who use them to heat homes, offices, and other buildings in California.
The bulk of small air-conditioning units is sold to dealers who install
them in various buildings in California, and a small percentage is
sold directly to users in the vicinity of Los Angeles.
We find that while the Employer's operations are not wholly unre-
lated to commerce, they are essentially local in character and, conse-
quently, it would not effectuate the policies of the Act to assert juris-
diction in this case.
ORDER
IT IS HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
S The record is not clear as to whether services and equipment or heaters are sold to the
Southern Pacific Railroad, which Is listed with the Industrial companies that are customers
of the Employer.
4 Detroit Canvas Manufacturers Association , et al., 80 NLRB 267; Ace Venetian Blind
Mfg. Co., 87 NLRB 447.