Federal Dairy Co., Inc.

National Labor Relations Board - Board Decisions

Oct 3, 1950

91 N.L.R.B. 638 (N.L.R.B. 1950)

In the Matter of FEDERAL DAIRY Co., INC., EMPLOYER and B AIiERY
AND FOOD DRIVERS, WAREHOUSEMEN AND HELPERS LOCAL UNION
#64, INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS,
WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, PETITIONER
Case No. 1-RC-1546.-Decided October 3, 1950
DECISION AND ORDER
Upon a petition duly filed, a hearing, was held before Robert S.
Fuchs, 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 this case, the Board finds :
The Employer is a Rhode Island corporation maintaining its prin-
cipal office and place of business at Providence, Rhode Island. It is
engaged in the processing, sale, and distribution of milk and milk
products and in the manufacture and sale of ice cream mix at both
.wholesale and retail. During the preceding year, the Employer pur-
chased raw materials, equipment, and supplies in the amount of
$500,000. It purchases its milk from farmers in the States of Rhode
Island and Connecticut and from a milk depot in the State of New
York. All of its milk is transported to its plant by its own tank
trucks. Eighty percent, or approximately $400,000, of its milk re-
quirements and all of its equipment and supplies are secured directly
from sources outside the State of Rhode Island.
During the same period, the Employer's sales amounted to $1,000,-
000, all of which were made within the State of Rhode Island. There
is nothing in the record to indicate that any portion of such sales is
made to concerns engaged in interstate commerce.
The Board has decided not to assert jurisdiction in this case. This
is an essentially local operation, which affects commerce only by way of
direct inflow. In the past, we have concluded that, in cases of this
kind, an interruption of such inflow by a labor dispute-though the
volume of out-of-State purchases be substantial-would not be likely
to have a sufficient impact upon interstate commerce to justify an
already burdened Federal Board in expending time, energy, and
public funds. In the light of more than 3 years' experience under
the amended Act and the Board's current budget and case load, we
91 NLRB No. 107.
638
FEDERAL DAIRY Co.; NC. 639
noty conclude that, although it would effectuate the policies of the
statute to assert jurisdiction in cases of this kind where the direct
inflow is substantial, due regard for these factors requires that we
continue to. decline jurisdiction where the direct inflow is less than
$500,000 in value annually. Because the Employer's direct inflow .is
below the minimum standard that the Board has adopted for cases
in which that factor is determinative, we shall not assert jurisdiction
in this case. Accordingly, we shall dismiss the petition herein.
ORDER
Upon the entire record in this case, the National Labor Relations
Board hereby orders that the petition filed herein be, and the same
hereby is, dismissed.