Fehr Baking Co.

National Labor Relations Board - Board Decisions

Sep 2, 1948

79 N.L.R.B. 440 (N.L.R.B. 1948)

In the. Matter of FEHR BAKING COMPANY, EMPLOYER and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, LODGE No. 12, PETITIONER
In, the ' Matter ''of' FEDERAL BAKERY, INC., ET AL., EMPLOYERS and
BAKERY AND CONFECTIONARY WORKERS' INTERNATIONAL UNION OF
AMERICA; LOCAL 163, A. F. OF L., PETITIONER
Cases Nos. 16-R-2390 and 16-R-2402, respectively.-Decided
September 2, 1948
DECISION
AND
- ORDER
Upon petitions duly filed, a consolidated hearing in these cases was
held before a hearing officer of the National Labor Relations Board.'
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
THE BUSINESS OF THE EMPLOYERS
The nine concerns named herein as Employers, and listed below,
maintain and operate bakeries in the city of Houston, Texas, and
serve the city of Houston and its suburban communities with approxi-
mately 85 percent of all the bakery requirements.
The record shows that during the year 1947, these Employees sever-
ally purchased goods used in the manufacture of their bakery products
as follows : _
J. Weingarten, Inc., purchased goods having a value of $500,000,
Of this amount, goods costing $75,000 originated outside the State
of Texas.
Minim ax Stores purchased goods having a value of $100,000. Of
this amount, goods costing $25,000 originated outside the State of
Texas.
Federal Bakery, Inc., purchased goods having a value of $100,000,
None of which originated outside the State of Texas.
79 N. L. R. B., No. 60.
440
FEHR BAKING COMPANY 441
Schotts Bakery, Inc., purchased goods having a value of $500,000.
Of this amount, goods costing $325,000 originated outside the State
of Texas.
Mrs. Baird's Baking Company purchased goods having a value of
$1,000,000. Of this amount, goods costing $50,000 originated outside
the State of Texas.
National Bread Company purchased goods having a value of $250,-
000. Of this amount, goods costing $82,500 originated outside' the
State of Texas.
Taystee Baking Company purchased goods having a value of $500,-
000. Of this amount, goods costing $375,000 originated outside the
State of Texas.
Heinlce ct' Pillot purchased goods having a value of $250,000. Of
this amount, goods costing $37,500 originated outside the State of
Texas.
Fehr Baking Company purchased goods having a value of $1,000,-
000. Of this amount, goods costing $500,000 originated outside the
State of Texas.
The record does not indicate whether the goods purchased in the
amounts set forth above moved directly or indirectly to the respective
Employers.
All sales of all these Employers for the same period were made to
customers within the State of Texas.
Inasmuch as the bakery businesses herein concerned are all opera-
tions essentially local in character, we find that it will not effectuate
the policies of the Act to assert jurisdiction in either of the consoli-
dated cases before us. For this reason, we shall dismiss the instant
petitions, and will not pass upon the several substantive issues raised
by the parties to these proceedings.'
1 Matter of Sta-Kicen Bakery , Inc , 78 N L. R B 798
Although Board Members, Houston and Reynolds would assert jurisdiction in bakery cases
to the extent indicated in Matter of Sta-Kleen Bakery, supra, they deem themselves bound
by the majority decision in that case