Dayson Bedding Co.

National Labor Relations Board - Board Decisions

Oct 4, 1950

91 N.L.R.B. 643 (N.L.R.B. 1950)

In the Matter of DAYSON BEDDING Co., EMPLOYER and AMERICAN
FEDERATION OF LABOR, PETITIONER
Case No. 1-RC-1619.--Decided October 4, 1950
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
'Labor Relations Act, a hearing was held before Sam G. Zack, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Members Houston, Reynolds, and Styles].
Upon the entire record in this case, the Board fords :
1. The Employer, a Maine corporation, is engaged in the manu-
facture and sale of bedding and porch furniture. The Employer
annually purchases raw materials, consisting primarily of steel, cot-
ton waste, ticking, and lumber, valued at approximately $50,000, of
which approximately 75 percent is received from points outside the
State of Maine. The Employer's annual sales of finished products
are valued at approximately $100,000, of which approximately 14
percent is shipped to points outside the State. Approximately 98
percent of its sales outlets are retail stores and 2 percent consist of
sales to hotels and the Bangor and Aroostook Railroad.
Although the operations of the Employer affect commerce within
the meaning of the Act, the amount of the Employer's out-of-State
sales, its sales to firms over whom the Board would assert jurisdic-
tion, and its out-of-State purchases are, neither individually nor in
combination, equal to that which the Board has recently stated to
be the minimum required for exercising its discretion to assert juris-
diction 1 Accordingly we find that it would not effectuate the policies
of the Act to assert jurisdiction in this case, and we shall dismiss the
petition.
ORDER
IT Is HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
I Stan48laus Implement and Hardware Company, Ltd., 91 NLRB 618; Federal Dairy
Co., Inc ., 91 NLRB 638 ; Dorn's House of Miracles, Inc., 91 NLRB 632; Hollow Tree
Lumber Company, 91 NLRB 635 ; The Rutledge Paper Products Co., 91 NLRB 625.
91 NLRB No. 117.
643
917572-51-vol. 91-42