Coast Freight Lines and Riggio's Delivery Service

National Labor Relations Board - Board Decisions

Dec 16, 1954

110 N.L.R.B. 1916 (N.L.R.B. 1954)

1916 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
SALVADOR RIGGIO , AN INDIVIDUAL , D/B/A COAST FREIGHT LINES AND
RIGGIO'S DELIVERY SERVICE and GENERAL DRIVERS , WAREHOUSEMEN
AND HELPERS , LOCAL 270, INTERNATIONAL BROTHERHOOD OF TEAM-
STERS, CHAUFFEURS , WAREHOUSEMEN AND HELPERS OF AMERICA,
AFL. Case No. 15-CA-641. December 16, 1954
Decision and Order
On March 2, 1954, Trial Examiner Charles W. Whittemore issued
his Intermediate Report in the above-entitled proceeding, finding
that the Respondent had engaged in and was engaging in certain
unfair labor practices, and recommending that it cease and desist
therefrom and take certain affirmative action as set forth in the Inter-
mediate Report. Thereafter, the General Counsel and the Respondent
filed exceptions to the Intermediate Report, and supporting briefs.
The Board has reviewed the rulings made by the Trial Examiner at
the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed.' The Board has considered the Interme-
diate Report, the exceptions and briefs, and the entire record in this
case . The Board finds it will not effectuate the policies of the Act to
assert jurisdiction in this case, and shall, for the reasons hereinafter
stated, dismiss the complaint in its entirety.
The Respondent, Salvador Riggio, owns and operates a trucking
enterprise in New Orleans, Louisiana. The Respondent operates this
enterprise under two names, Coast Freight Lines and Riggio's De-
livery Service. Under the name of Coast Freight Lines, Riggio op-
erates as an interstate motor carrier under a permit issued by the
Interstate Commerce Commission. This franchise held by him since
1943 permits him to operate and haul freight from Louisiana to a
number of points along the gulf in the State of Mississippi. The
Respondent has a number of contracts with different firms to trans-
port a minimum amount of goods across State lines. The total amount
of revenue received by the Respondent operating as Coast Freight
Lines during 1953 was $24,949. Under the name of Riggio's Delivery
Service, the Respondent operates as a local drayage in the city of
New Orleans. The total amount of revenue received by the Respond-
ent operating as Riggio's Delivery Service during 1953 was $22,838.
From the above figures it is apparent that, as the total amount of
the Respondent's interstate operations as Coast Freight Lines during
1953 was less than $100,000, it does not meet the Board's new jurisdic-
tional standards applicable to this enterprise. Moreover, the Re-
spondent, as Riggio's Delivery Service, is engaged in local drayage
as distinguished from interlining operations for interstate motor car-
At the hearing , the Respondent moved to dismiss the complaint herein on jurisdictional
grounds For the reasons hereinafter stated, the motion is granted.
110 NLRB No. 250.
SIXTO 1917
riers ; we may not, under Edelen Transfer, add these figures to those
representing the Respondent's revenue from interstate shipments a
We therefore find that the Respondent's operations do not have such
an impact on interstate commerce as to justify the assertion of juris-
diction by the Board. Accordingly, we shall dismiss the complaint in
its entirety?
[The Board dismissed the complaint.]
MEMBERS MURDOCK and PETERSON took no part in the consideration
of the above Decision and Order.
2 Edelen Transfer and Storage Company, Inc., 110 NLRB 1881. We note that even if
Riggio's revenue had been from interlining operations, the combined figures would have
amounted only to $47,785, which is considerably below 'the $100,000 required in Edelen
Transfer.
8 For the reasons set forth in their dissenting opinion in Edelen Transfer and Storage
Company, supra , Members Murdock and Peterson find that it would effectuate the policies
of the Act to assert jurisdiction herein. However, as they deem themselves bound by the
majority decision in the Edelen case, they concur in the dismissal of the complaint.
SIXTO ORTEGA D/B/A SIXTO and UNION # 1 DE PANADEROS , REPOSTERAs
RAMAS ANEXAS DE P. R ., FLT, PETITIONER . Case No. f4-RC-751.
December 16,1954
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before John F. Burst, hearing offi-
cer. The hearing officer's rulings made at the hearing are free from
prejudicial error .and are hereby affirmed.
Upon the entire record in this case, the Board finds :
In Santurce , Puerto Rico , the Employer operates under the same
roof a bakery, a pastry shop, and a soda fountain. He sells no meals
but serves ice cream sodas , sandwiches, coffee, lemonade, and other soft
drinks, and makes retail sales of ham, cheese, apples, bread, and pas-
try. Gross sales for the enterprise in 1953 were in excess of $200,000.
All sales were local. Gross purchases totaled approximately $139,000
and were all made locally, although $20,000 worth of flour, purchased
through a local agent, was directly shipped to the Employer from out-
side Puerto Rico.
The Employer contests jurisdiction on the ground that the Act,
which is applicable to the Territories, is not applicable to the Common-
wealth of Puerto Rico. We find it unnecessary to pass on the Em-
ployer's contention at this time, as we find, on other grounds, that it
will not effectuate the policies of the Act to assert jurisdiction in this
case. While it is true that the operations of this Employer are not
wholly unrelated to commerce, the relationship to commerce is no
greater here than in the case of a similar enterprise in any of the 48
110 NLRB No. 251.