Detroit Canvas Manufacturers Association

National Labor Relations Board - Board Decisions

Nov 12, 1948

80 N.L.R.B. 267 (N.L.R.B. 1948)

In the Matter of DETROIT CANVAS MANUFACTURERS ASSOCIATION, AND
ACME TENT AND AWNING CO., BELLE ISLE AWNING CO., R. P. BESSY
COMPANY, KELLY AWNING COMPANY, UNITED CUSTOM AWNING
SHOP, AWNING MANUFACTURING CO., CANVAS MANUFACTURERS
ERECTION CO., MARYGROVE AWNING COMPANY, NATIONAL TENT &
AWNING CO., AND STAR AWNING, INC.," EMPLOYERS and RESILIENT
FLOOR DECORATORS UNION, LOCAL 2265 UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS OF AMERICA, AFL, PETITIONER
Case No. 7-RC-115.-Decided November 10, 1948
DECISION
AND
ORDER
Upon a petition and amended 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 the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
THE BUSINESS OF THE EMPLOYERS
The concerns named herein as Employers, in their own names or
through subsidiaries, manufacture, sell, and install awnings, canvas
tents, and specialties, in and around Detroit, Michigan. The record
is silent as to the character of their customers. During the year 1947,
the Employers severally purchased and sold goods and products as
follows :
Acme Tent and Awning Co. purchased goods having a value of
$20,000, of which 75 to 80 percent was brought from points outside the
State of Michigan.
Belle Isle Awning Co. purchased goods having a value of $18,000,
all of which originated outside the State of Michigan but was delivered
to the Employer from a local warehouse of the manufacturer.
1 The caption of this case is hereby amended to show the names of the several Employers
enumerated in the amended petition.
80 N. L. R. B., No. 54.
267
268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
B. P. Bessy Company purchased goods having a value of $18,000,
of which 90 percent was brought from points outside the State of
Michigan.
Kelly Awning Company purchased goods having a value of $20,-
0007 all of which originated outside the State of Michigan, 10 percent
being brought to the plant directly and 90 percent being secured
from local warehouses of the manufacturer.
United Custom Awning Shop purchased goods having a value of
$7,500, of which 80 percent was brought from points outside the
State of Michigan.
All sales of products manufactured by these five Employers were
made to local customers within the State of Michigan.
McKenzie Awning Company and Sun Awning Company are
partnerships functioning as purchase and sales offices of Awning
Manufacturing Co., a fabrication company, and Canvas Manufac-
turers Erection Co., an installation company. These four companies
are under common control ; and their activities and businesses are
interrelated with and dependent upon each other. McKenzie Awning
Company and Sun Awning Company purchase the goods and
materials to be used for fabrication and installation by Awning Manu-
facturing Co. and Canvas Manufacturers Erection Co., respectively.
McKenzie Awning Company purchased goods having a value of
$87,000, of which 95 percent was brought from points outside the
State of Michigan. The sales of this company totaled in value
approximately $166,000, of which 60 percent represents sales made
to customers outside the State of Michigan. Sun Awning Company
purchased goods having a value of $36,000, of which 90 percent was
brought from points outside the State of Michigan. The sales of
this company totaled in value approximately $84,000, of which 15
percent represents sales made to customers outside the State of
Michigan.
Marygrove Awning Company purchased goods having a value of
$30,500 of which 50 percent was brought from points outside the
State of Michigan. The sales of this Employer totaled in value
approximately $93,500, of which 1 percent represents sales made to
customers outside the State of Michigan.
National Tent c0 Awning Co. purchased goods having a value of
$80,000, of which 70 percent was brought from points outside the
State of Michigan. The sales of this Employer totaled in value
approximately $70,000, of which 5 percent represents sales made to
customers outside the State of Michigan.
Star Awning, Inc. purchased goods having a value of $35,000, of
which 95 percent was brought from points outside the State of
DETROIT CANVAS MANUFACTURERS ASSOCIATION 269
Michigan. The sales of this Employer totaled in value approximately
$100,000, of which 2 percent represents sales made to customers outside
the State of Michigan.
As the nature of the operations of the several Employers is essen-
tially local in character, we find that it will not effectuate the policies
of the Act to assert jurisdiction in this proceeding.2 For this reason
we shall dismiss the instant petition.
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.
2 In view of the fact that the Employers herein are engaged in manufacturing operations
in the course of which there is a substantial inflow of goods in interstate commerce, Board
Members Houston and Reynolds would assert jurisdiction in this case.