American Paper Co.

National Labor Relations Board - Board Decisions

Oct 13, 1950

91 N.L.R.B. 928 (N.L.R.B. 1950)

In the Matter of MICHELE G. MONTELEONE , RAFFAELA MONTE-
LEONE, AND GABRIEL MONTELEONE D/B/A AMERICAN PAPER COMPANY,
EMPLOYER and STEEL, PAPERHOUSE AND CHEMICAL WORuERs LOCAL
UNION No. 578 , INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHA-uF-
FEURS , WAREHOUSEMEN & HELPERS OF AMERICA , A. F. OF L., PETI-
TIONER
Case No. 21-RC-1312.-Decided October 13,1950
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act,' a hearing was held before James W. Cherry, Jr., hear-
ing officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are herby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board has
delegated its powers in connection with this case to a three-member
panel [Members Houston, Reynolds, and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent employees
of the Employer.
3. No question affecting commerce exists concerning the represen-
tation of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
The Employer is engaged in the wholesale handling of fine papers
and related paper products in Los. Angeles, California. During the
12-month period ending January 1, 1950, its purchases of materials
amounted to approximately $250,000, of which approximately 70 per-
cent represented materials shipped directly to its plant from points
outside the State and 10 percent represented materials originating
outside the State. All sales were made within the State.
We find that the Employer's operations affect commerce within
the meaning of the Act. However, as the value of the material coming
from out of State sources does not meet the requirements for the asser-
1 The petition and other formal papers are amended to show the correct name of the
Employer.
91 NLRB No. 163.
928
AMERICAN PAPER COMPANY 929
tion of our jurisdiction in accordance with our recently announced
policy,2 we find that it will not effectuate the policies of the Act to
assert jurisdiction in this case . We shall therefore dismiss the
petition.
ORDER
IT Is HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
2 Federal Dairy Co., Inc., 91 NLRB 638; Dorn's House of Miracles, 91 NLRB 632;
The Rutledge Paper Products, Inc., 91 NLRB 625.