85 N.L.R.B. 320 (N.L.R.B. 1949)

Construction Materials Co.

National Labor Relations Board - Board DecisionsJul 22, 1949

85 N.L.R.B. 320 (N.L.R.B. 1949)

In the Matter of CONSTRUCTION MATERIALS COMPANY, EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT No. 9, PETITIONER Case No. 14-RC-577.-Decided July .2, 194.9 DECISION AND ORDER Upon a petition duly filed, a hearing was held before Sampel P. McChesney, hearing officer of the National Labor Relations Board. 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 : 1. The Employer, a Missouri corporation, is engaged in the manu- facture, sale, and distribution of "ready-mix" concrete and "dry" building materials. It operates in St. Louis, Missouri, two plants known as the Chippawa Street plant and the San Francisco Avenue plant. During the year 1948, the Employer purchased raw materials con- sisting of sand, gravel, cement, and building materials in excess of $400,000, of which 15 percent was shipped to the Employer from outside the State of Missouri. During this same period, the Em- ployer sold finished products valued in excess of $1,000,000, all of which were shipped by the Employer to points within the State of Missouri. While we do not find that the Employer's operations are wholly unrelated to commerce, we are of the opinion that the relationship is remote and that the operations are essentially local in character. The assertion of jurisdiction would not, therefore, effectuate the poli- cies of the Act.' Accordingly, we shall dismiss the petition. 1 Matter of Makins Sand & Gravel Co., Inc., 85 N. L. R. B. 213, and cases cited therein. 85 N. L. R. B., No. 63. 320 CONSTRUCTION MATERIALS COMPANY 321 ORDER Upon the foregoing findings of fact and the entire record in the case, the National Labor Relations Board hereby orders that the peti- tion filed in the instant matter be, and it hereby is, dismissed. MEMBERS HOUSTON and MURDOOK, dissenting : For the reasons stated in our dissent in Makins Sand & Gravel Co., Inc., 85 N. L. R. B. 213, we do not share the view of the majority in this case.