Auto Supply & Equipment Co., Inc.

National Labor Relations Board - Board Decisions

Aug 26, 1949

85 N.L.R.B. 893 (N.L.R.B. 1949)

In the Matter of AuTo SUPPLY & EQU IPMENT CO., INC., EMPLOYER
and DISTRICT LODGE No. 46, OF THE INTERNATIONAL ASSOCIATION OF
MACHINISTS , PETITIONER
Case No. 10-RC-5,93.-Decided August 06, 1949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before Frank E.
Hamilton, Jr., hearing officer. 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
Houston and Murdock].
Upon the entire record in this case, the Board finds :
The Employer is a Georgia corporation engaged, at Atlanta,
Georgia, in the wholesale buying and selling of automotive parts
and equipment and in the operation of a wholesale automotive machine
shop. During the 12 months preceding the hearing the Employer
purchased parts, supplies, and equipment exceeding $250,000 in value,
approximately 15 percent of which represented shipments to it from
places outside the State of Georgia. During the same period the
sales and services of the Employer's parts department exceeded $500,-
000 in value, less than 1 percent of which represented sales and
services to customers outside the State of Georgia. In addition, dur-
ing the year 1948, the Employer's machine shop sold parts and
services valued in excess of $70,000, of which approximately $33,000
was for the sale of parts, and the balance for labor, utilized in the
repair of automobile engines serviced by the Employer. Most of
' At the hearing the Employer objected to this proceeding on the ground that no evidence
was adduced to show that the Petitioner had complied with the filing requirements of
Section 9 (f), (g), and ( h) of the Act . A labor organization's compliance with these
provisions of the Act is a matter for administrative determination by the Board and not
subject to attack by the parties. Furthermore , the Petitioner has effected such compliance.
Insofar as the Employer's objections constituted a motion to dismiss it is hereby denied.
Matter of Western Electric Company , Incorporated, 85 N. L . R. B. 563.
Because the record and briefs, in our opinion , adequately present the issues and the
positions of the parties , the Employer 's request for oral argument is hereby denied.
85 N. L. R. B., No. 153
893
894 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Employer's repair work is done for local garages and repair
shops.
The Employer purchases nationally advertised products which are
shipped to it from local warehouses of manufacturers whom the Board
has found to be engaged in commerce within the meaning of the Act; 2
payment for such purchases is made to the offices of these manufac-
turers outside the State of Georgia. However, the record does not
show that the Employer sold or used such products in its business
under the terms of an exclusive agency or franchise agreement, so
as to integrate operations with those of manufacturers or suppliers
who are engaged in commerce on a Nation-wide scale.'
The Employer contends that its operations do not affect commerce
within the meaning of the Act. While we do not find that the opera-
tions of the Employer are wholly unrelated to commerce, we find that
these operations are essentially local in character and that the asser-
tion of jurisdiction in this case would not effectuate the policies of the
Act. Accordingly, we shall dismiss the petition herein 4
ORDER
On 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 employees of Auto Supply & Equipment Co., Inc., Atlanta, Georgia,
filed herein by District Lodge No. 46 of the International Association
of Machinists be, and it hereby is, dismissed.
2 Such as: Sealed Power Corporation , Thompson Products , Inc., Timken Roller Bearing
Company, Borg-Warner Corporation . The record does not indicate what percentage of the
Employer's purchases of nationally advertised products are shipped to it from the manu-
facturers ' local warehouses.
3 Although the Employer admitted that it distributed thermometers bearing the legend
"Franchised dealer for Sealed Power piston rings ," the record does not affirmatively show
that the Employer is so franchised . Cf. Matter of Johns Brothers , Inc., et at ., 84 N. L. R. B.
294.
* Matter of Bangor Auto Body Shop, 82 N. L. R. B . 688; Matter of Motor Replacement
Company, 82 N. L. R. B. 690.