Asax Co., Inc.

National Labor Relations Board - Board Decisions

Sep 8, 1949

85 N.L.R.B. 1187 (N.L.R.B. 1949)

In the Matter of AsAx COMPANY, INC., EMPLOYER and LOCAL 408,1
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND
AGRICULTURAL IMPLEMENT WORKERS or AMERICA (UAW-CIO),,
PETITIONER
Case No. 7-RC-556.-Decided September 8, 1949
DECISION
AND
ORDER
Upon a petition duly filed, a,hearing was held before George A_
Sweeney, hearing officer. The hearing officer's rulings made at the,
hearing are free from prejudicial error and are hereby aflirnied.
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 [Members Reynolds, Murdock and
Gray].
Upon the entire record in this case, the Board finds :
The Employer, a Michigan corporation, with its office and place of'
business in Detroit, Michigan, is engaged in the manufacture of uphol-
stered furniture. It operates a woodworking mill, in which the wood
frames for the upholstered furniture pieces are made, and an uphol-
stery department. The principal raw materials used by the Employer.
are wood, felt, fabrics, springs, needles, and glue. During the year
ending June 30, 1949, the Employer purchased materials, supplies, and
stationery in the amount of $62,674.50, of which amount $21,408.55
was purchased frolni sources outside the State of Michigan. During-
the same period it sold merchandise in the amount of $128,116.29 of
which all, except for a single sale of merchandise in the value of
$420.00, was sold to retailers doing business in Detroit, Michigan.
The Employer contends that it is not engaged in commerce within
the meaning of the Act. While we do not find that the operations of
the Employer are unrelated to commerce, we believe that, under the
present circumstances, such operations are essentially local in char-
acter. We find, therefore, that it would not effectuate the policies of
85 N. L. R. B., No. 199.
11£7
857829-50-vol. 85-76
1188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Act to assert jurisdiction in this case . Accordingly, we shall
dismiss the petition herein?
ORDER
Upon the basis of the foregoing findings of fact, and upon the entire
record in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
.of the employees of Asax Company, Inc., Detroit, Michigan, filed herein
by Local 408, International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America (UAW-CIO) be, and
it hereby is, dismissed.
1 Matter of Gibson Paint Company, 85 N. L. It. B . 160; Matter of Screw Machine
Products Company, 85 N. L. It. B. 129; Matter of I. Sulsky, d/ b/a Sulsky Manufacturing
Company, 71 N. L. R. B. 1398.