81 N.L.R.B. 1159 (N.L.R.B. 1949)

D'Hanis Brick & Tile Co.

National Labor Relations Board - Board DecisionsMar 3, 1949

81 N.L.R.B. 1159 (N.L.R.B. 1949)

In the Matter of D'HANIS BRICK & TILE COMPANY, EMPLOYER and UNITED BRICK AND CLAY WORKERS OF AMERICA, AFL, PETITIONER Case No. 39-RC-23.-Decided March 3, 1949 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. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.* Upon the entire record in this case, the Board makes the following : FINDINGS OF FACT THE BUSINESS OF THE EMPLOYER The Employer is a Texas corporation engaged in the manufacture of common dry pressed building brick and structural clay tile. Its office and plant are located in D'Hanis, Texas. During the year 1947, the Employer used 14,988 tons of clay which it mined from a deposit located near D'Hanis. It uses no other raw materials. The Employer purchases from local concerns natural gas and Diesel oil, which are produced in the State of Texas. During the same period, the Em- ployer's sales amounted to $163,879. All sales were made to companies doing business within the State of Texas and all products sold by the Employer to its customers are used in the State of Texas. We believe that this Employer's operations are essentially local in character and that their effect on interstate commerce is so remote and insubstantial that to assert jurisdiction in this case would not 'Reynolds , Murdock, and Gray. 81 N. L. R. B., No. 173. 1159 1160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD effectuate the policies of the Act.' Accordingly, we shall dismiss the petition. ORDER IT IS HEREBY ORDERED that the petition for investigation and certifica- tion of representatives of employees of D'Hanis Brick & Tile Com- pany, D'Hanis , Texas, filed herein by United Brick and Clay Workers of America , AFL, be, and it hereby is, dismissed. 'Hatter of Knoxville Sangravi Material Company, Inc., 80 N. L. R. B. 1461 ; Matter of Texas Construction Material Company , 80 N. L. R. B. 1248.