79 N.L.R.B. 1133 (N.L.R.B. 1948)

Barnett Optical Corp.

National Labor Relations Board - Board DecisionsSep 29, 1948

79 N.L.R.B. 1133 (N.L.R.B. 1948)

In the Matter of BARNETT OPTICAL CORPORATION, EMPLOYER and OPTI- CAL AND INSTRUMENT WORKERS ORGANIZING COMMITTEE, CIO, PETITIONER Case No. 15-RC-94 .-Decided September 29, 1945 DECISION AND ORDER Upon a petition duly filed, hearing in this case was held at New Orleans, Louisiana, on July 9, 1948, before Richard C. Keenan, hear- ing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following: FINDINGS OF FACT THE BUSINESS OF THE EMPLOYER The Employer is a firm of retail prescription opticians, engaged in the filling of prescriptions for eye glasses and the retail sale of eye glasses at its single place of business in New Orleans, Louisiana. During the 6-month period from December 1, 1947, through May 30, 1948, the Employer purchased materials valued in excess of $21,000, approximately 48 percent of which was purchased outside the State of Louisiana. During the same period the Employer sold finished products totaling approximately $65,000 in value, of which approxi- mately 2.6 percent was sold to customers outside the State of Louisiana. The Employer questions whether it is engaged in commerce within the meaning of the Act, as amended. We believe that this Employer's operations are essentially local in character, and that their effect on interstate commerce is so remote and insubstantial that to assert jurisdiction in this case would not effectuate the policies of the Act. The petition therefore will be dismissed. 79 N. L. R. B.. No. 150. 1133 1134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER IT Is IIEREBY ORDERED that the petition for investigation and certi- fication of representatives of employees of Barnett Optical Corpora- tion, New Orleans, Louisiana, filed herein by Optical and Instrument Workers Organizing Committee, CIO, be, and it hereby is, dismissed. MEMBER HOUSTON took no part in the consideration of the above Decision and Order.