85 N.L.R.B. 301 (N.L.R.B. 1949)

Diamond Ice Co.

National Labor Relations Board - Board DecisionsJul 21, 1949

85 N.L.R.B. 301 (N.L.R.B. 1949)

In the Matter of Al. R. GABRIEL, D/B/A DIAMOND ICE COMPANY, EMPLOYER and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #235, A . F. OF L., PETITIONER Case No. 21-RC-701.Decided July 21, 1949 DECISION AND ORDER Upon a petition duly filed, a hearing was held before Ben Grodsky, 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-member panel [Chairman Herzog and Members Houston and Gray]. Upon the entire record in this case, the Board finds : The Employer is engaged in making and selling ice. It operates two plants, one at Santa Ana and. the other at Orange, California. The Santa Ana plant operates the year around as a manufacturing plant. The Orange plant is primarily a storage plant, but ice is lnanu- factured at the Orange plant during June, July, and August. The ice produced at the Orange plant is 18 to 20 percent of the Employer's entire output. Of the Orange plant output, 75 percent is picked up at the Employer's dock by other ice companies, by independent distribu- tors , and by packing houses. At its Orange plant the Employer operates a truck, with which it delivers ice to nearby communities for domestic use and for use in packing houses for precooling, preliminary to shipment. Ice produced at the Santa Ana plant is sold to independent dis- tributors for local domestic use. The remainder of the ice produced I The Employer , though duly served with notice of this proceeding , failed to appear at the hearing . The Employer , however, submitted to the hearing officer a statement of its business operations , which was received in evidence and made a part of the record herein. Teamsters Union Local 952,. the recognized bargaining representative of the Employer's employees , appeared and participated at the hearing. 85 N. L. R. B., No. 57. 301 302 DECISIONS OF NATIONAL LABOR . RELATIONS BOARD at the Santa Ana plant is stored at the Orange plant.' Ice stored at the Orange plant is used in part to ice cars. The record does not dis- close the volume of the ice used for this purpose, nor does it disclose any further details concerning the handling of the Employer's ice- product. On the basis of the above facts, and upon the entire record of the. case, it appears that the Employer is engaged in operations essentially local in character and that it will not effectuate the policies of the Act to assume jurisdiction in this case.3 We shall, therefore, dismiss the- petition. ORDER IT IS HEREBY ORDERED that the petition filed herein be, and it hereby is, dismissed. S A witness, a former employee of the Employer, estimated that, during the 9 months of 1948, when ice was not being manufactured at the Orange plant, approximately two- thirds of the output of the Santa Ana plant was stored at the Orange plant. He did not know the volume of the ice produced. 8 Cf. Matter of Royal Palm Ice Company, 81 N. L . R. B. 858; Matter of Royal Palm Ice Company, 82 N. L. R. B. 879.