Cousins Tractor Co.

National Labor Relations Board - Board Decisions

Feb 19, 1947

72 N.L.R.B. 857 (N.L.R.B. 1947)

In the Matter of COUSINS TRACTOR COMPANY, EMPLOYER and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, LODGE 139, PETITIONER
Case No. °1-R-3433.Decided February 19, 1947
Mr. Philip M. Wagy, of Bakersfield, Calif., for the Employer.
Mr. E. R. White, of Los Angeles, Calif., for the Petitioner.
Mr. Jerome A. Reiner, of counsel to the Board.
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held at Bakers-
field, California, on October 29, 1946, before James A. Cobey, 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 :
FINDINGS OF FACT
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1. THE BUSINESS OF THE EMPLOYER
Cousins Tractor Company, a California corporation, has its prin-
cipal place of business at Hanford, California, where it operates an
exclusive sales and service agency for Buick automobiles, caterpillar
tractors, and other farm machinery and equipment. The Employer
also operates exclusive sales and service agencies at Bakersfield and
Wasco, California, which together are known as the Kern County
Division.
In 1945, the Employer made purchases exceeding $1,000,000 and
made sales and rendered services exceeding $1,600,000. The Kern
County Division accounted for approximately $950,000 of the sales
and services. Approximately 70 percent of the Employer's total pur-
chases, including those for the Kern County Division, were of equip-
ment and other materials obtained outside the State of California.
All of the Employer's sales and services were made and rendered
within the State.
72 N. L. R. B., No. 141.
857
858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
While we do not agree with the Employer that its operations are
unrelated to commerce , we do not believe that it will effectuate the
policies of the Act to assume jurisdiction in this case . Accordingly,
we shall dismiss the petition herein.
ORDER
The National Labor Relations Board hereby orders that the peti-
tion for investigation and certification of representatives of employees
of Cousins Tractor Company , Bakersfield and Wasco , California, filed
by International Association of Machinists , Lodge 139, be, and it
hereby is , dismissed. -
MR. JOHN M. HOUSTON took no part in the consideration of the
above Decision and Order.
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