Clayton-Dorris Co., Inc.

National Labor Relations Board - Board Decisions

Aug 5, 1948

78 N.L.R.B. 859 (N.L.R.B. 1948)

In the Matter of CLAYTON-DORRIS COMPANY, INC., EMPLOYER and
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN AND HELPERS OF AMERICA, LOCAL 886, A. F. OF L., PETI-
TIONER
Case No. 16-RC-76.-Decided August 5, 1948
DECISION
AND
,ORDER
Upon a petition duly filed, hearing in this case was held at Oklahoma
City, Oklahoma, on May 3, 1948, before Charles Y. Latimer, hearing
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 :
FINDING OF FACTS
THE BUSINESS OF THE EMPLOYER
The Employer purchases lumber and tools it into furniture trim,
furniture legs, platform rocker bases and arms, and similar wooden
objects. Its sole office and shop is located in Oklahoma City, Okla-
homa. During the period from March 1, 1947, to February 29, 1948,
the Employer purchased raw materials valued at $11,424.25, of which
$2,087.41 represented purchases outside the State of Oklahoma. From
April 1, 1947, to March 31, 1948, its total sales amounted to $40,700,
all of which were made within the State. One of the E'mployer's cus-
toitiers purchased products manufactured by the Employer valued at
$28,000, incorporated them into finished products, and sold 35 percent
of these products outside the State.
The Employer takes no position as to whether its operations affect
commerce within the meaning of the Act, but has submitted the issue
for determination by the Board. While we do not find that the opera-
tions of the Employer are unrelated to commerce, we are of the opinion
that the effect of such operations on interstate commerce is so insub-
78 N. L. R. B., No. 114.
859
860 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
stantial that to assert jurisdiction in this case would not effectuate the
policies of the Act. The petition, therefore, will be dismissed.'
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 repre-
sentatives of employees of Clayton-Dorris Company , Inc., Oklahoma
City, Oklahoma, filed herein by International Brotherhood of Team-
sters, Chauffeurs , Warehousemen and Helpers of America , Local 886,
A. F. of L., be, and it hereby is, dismissed.
I Cf Matter of J. E. Stone Lumber Co., 78 N. L. R. B. 627; Matter of Suieky Manufactur.
ing Co., 71 N. L. R. B. 1398.