F. G. Congdon

National Labor Relations Board - Board Decisions

Aug 15, 1947

74 N.L.R.B. 1081 (N.L.R.B. 1947)

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.