Cordele Sash, Door and Lumber Co.

National Labor Relations Board - Board Decisions

Sep 10, 1948

79 N.L.R.B. 578 (N.L.R.B. 1948)

In the Matter of CORDELE SASH, DOOR AND 'LUMBER COMPANY, EM-
PLOYER and INTERNATIONAL WOODWORKERS OF AMERICA, CIO7
PETITIONER
Case No. 10-RC-15 .Decided September 10, 1948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a 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 makes the following:
FINDINGS OF FACT .
THE BUSINESS OF THE EMPLOYER
The Employer operates a lumber business at Cordele, Georgia, com-
prising an office, a lumber plant, and a retail store for the sale of
lumber and hardware. For its lumber plant during the year 1947,
the Employer purchased within the State logs costing $100,000, but
purchased not outside the State. For its retail store during the
same period, the Employer purchased goods costing $488,963, of which
approximately 14 percent was purchased outside the State and 86 per-
cent was purchased within the State. During the year 1947, the Em-
ployer's sales amounted to $629,317, all of which were made within the
State.
The Employer is engaged essentially in the processing of lumber
grown within the State, a purely local function. It sells its processed
lumber as building materials through its retail store to local customers.
Its processed lumber and other strictly local products comprise 86
percent of all goods sold in its retail store. During 1947, however,
other goods valued at $68,455, approximately 14 percent of all goods
sold at the retail store , were purchased outside the State. These, too,
were sold entirely within Georgia.
79 N. L. R. B., No. 75.
578
CORDELE SASH , DOOR AND LUMBER COMPANY 579
In view of the entirely local character of the production operations
with which the employees involved herein are concerned and the pre-
dominantly local character even of the retail store operations, we be-
lieve that it will not effectuate the policies of the Act to assert juris-
idictiom in this- case. For this reason,- we shall •dismiss.,the petition 1
ORDER
Upon the basis of the entire record in this case, the National Labor
Relations Board` hereby orders that the petition filed in the instant
matter be, and it hereby is, dismissed.
MEMBERS REYNOLDS and GRAY, dissenting :
The employees whom the Petitioner would represent are the produc-
tion and maintenance workers of the Employer's lumber processing
:operations, excluding the retail store employees.' We have repeatedly
recognized the close interrelationship and dependence of integrated
'operations and have-repeatedly held that our jurisdiction does not rest
upon the interstate character of the particular operations performed
by employees in specific work categories covered by a charge or peti-
tion. For this reason we do not agree with the Employer that its busi-
ness operations do not "affect commerce" within the meaning of the
Act. Consequently we find without merit the Employer's contention
that the instant petition for investigation and certification of repre-
sentatives for employees engaged in its lumber processing operations
must be dismissed.
Since we can see no real distinction between this case and Central
Sash and Door Company, supra, and in view of the fact that the Em-
ployer's operations are closely allied to the building and construction
industry, over which the Board is asserting jurisdiction, we would
assert jurisdiction and direct an election in the instant case.
3 we would distinguish the instant case from Matter of Central Sash and Door Company,
77 N. L. R. B. 418, on the facts of the two cases . In the instant case, it clearly appears
that the Employer's purchase of materials outside the State is limited to goods intended
for resale in its store . None of these materials are used in its lumber manufacturing
operations. So far as the decision-in the Central Sash case indicates , the materials pur-
chased outside the State were not limited :to those for resale in the store.