F. G. CongdonDownload PDFNational Labor Relations Board - Board DecisionsAug 15, 194774 N.L.R.B. 1081 (N.L.R.B. 1947) Copy Citation In the Matter of F. G. CONGDON, , `EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS , PETITIONER Case No. 1-R539.-Decided August 15,1947 Mr. Mayo S. Levenson, of Portland, Maine, for the Employer. Mr. Harold F. Reardon, of Boston, Mass., for the Petitioner. Mr. Warren H. Leland, of counsel to the Board. DECISION AND ORDER Upon a petition duly filed, hearing in this case was held at Portland, Maine, on April 3, 1947, before Sam G. Zack, 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 I. THE BUSINESS OF THE EMPLOYER F. G. Congdon, an individual, is engaged in the truck transportation business; he has his principal place of business in Portland, Maine, and subsidiary branch offices and garages in various cities and towns within the State of Maine. The Employer owns approximately 54 automobile trucks which he operates solely within the geographical area of Maine. The Petitioner seeks to represent only the approxi- mately three mechanics and helpers who service these vehicles. The Employer's annual gross income is approximately $200,000. The Employer's largest account 1 is the Portland, Maine, Publishing Company, which publishes three newspapers. The Employer distrib- utes the newspapers to all parts of Maine and, in addition, transports newsprint shipped from within the State from the railroad terminal to the Publishing House. Each day, the Employer delivers approxi- 3 Approximately 35 percent of the Employer 's gross volume. 74 N. L. R. B., No. 185. 1081 1082 DECISIONS OF NATIONAL LABOR RELATIONS BOARD mately 500 copies of the daily newspaper to the Railroad Depot for ultimate distribution outside the State. The Employer also services the Westmore-Savage Company, distributors of electrical equipment and supplies; his trucks distribute Westmore-Savage'equipment con- sisting of cross arms, wire, and power line construction material to various plants owned and operated by the Central Maine Power Company. Without deciding whether the operations of the Employer affect commerce within the meaning of the Act, we are of the opinion that it will not effectuate the policies of the Act to assert jurisdiction in this case at the present time. ORDER The National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of F. G. Congdon, Portland, Maine, filed herein by International Asso- ciation of Machinists, be, and it hereby is, dismissed. CHAIRMAN HERZOC took no part in the consideration of the above Decision and Order. Copy with citationCopy as parenthetical citation