Frank Smith & Sons

National Labor Relations Board - Board Decisions

Oct 7, 1952

100 N.L.R.B. 1382 (N.L.R.B. 1952)

1382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Order
IT IS.HEREBY ORDERED that the petitions in Cases Nos. 3-RC-980 and
3-RC-989 be, and they hereby are, dismissed.
FRANK SMITH & SONS and AMALGAMATED MEAT CurrERs & BUTCHER
WORKMEN OF NORTH AMERICA, LOCAL 202, AFL, PETITIONER . Case.
No. 16-RC-1092. October 7, 1952
Decision and Order -
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, hearings were held before Charles Y. Latimer and
James R. Webster, successive hearing officers. The hearing officers'
rulings made at the hearings are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member,
)anel [Chairman Herzog and Members Murdock and-Peterson].
Upon the entire record in this case, the Boards finds
The Employer is a Texas partnership, engaged in the business of
growing, processing, and selling poultry. Substantially all of the
Employer's purchases and all of its sales 1 are made within the State
of Texas. All but approximately $25,000 2 of the sales to Safeway
Stores, Inc., were made to its retail outlets. Of the total sales to Furr
Food Stores, only $7,452.33 was poultry consigned to New Mexico,
stores.3 The remainder of the sales to Furr and those to A. & P. Tea
Company are not broken down in the record, and there is no indica-
tion that these sales were made to other than retail outlets of multi-
state chains. Nor does the record show that the Texas operations of
Furr and A. & P., apart from their retail outlets, engage in any inter-
state transactions. Moreover, the record does not demonstrate that
any of these retail stores, either independent or chain, sell goods out-
side the State of Texas in the amount of $25,000 annually.
Under the formula laid down in the Hollow Tree Lumber Co. case,4
the Board has excluded sales to local units operating as integral parts
I The record shows that the Employer 's principal sales during the past 12 months have
been nrade to the following retail chain distributors of food products ; Safeway Stores, Inc ,
$858,000 ; Furr Food Stores , $150,000; A & P. Tea Company , $100,000. The remainder
of the sales were made to restaurants and retail stores.
2 This sum represents sales to Safeway's warehouse in El Paso, Texas , which admittedly
handles goods destined for out-of-State shipment valued in excess of $25,000 a year.
8 Furr directly shipped the poultry from such sales to its New Mexico retail outlet.
4 91 NLRB 635.
100 NLRB No. 228.
ELIZABETH ARDEN SALES CORPORATION 1383
of multistate enterprises from the types of sales to be taken into ac-
count in applying the standards established in that case. The only
exception is where such a local unit itself has sufficient inflow or out-
flow to warrant assertion of jurisdiction over it .5
On the basis of the above facts and on the record as a whole, we find
that the operations of the Employer do not meet any of the applicable
standards set up by the Board to determine the assertion of jurisdic-
tion.6 Accordingly, we find that it will not effectuate the policies of
the Act to assert jurisdiction in this case, and will dismiss the petition
herein.'
Order
IT Is HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
P6,Eee National Gaa Company, 99 NLRB 278.
e Cf. 'Rtanislaus Implement and Hardware Company, Ltd., 91 NLRB 618; Hollow Tree
Lumber Company, 81 NLRB 635; and The Rutledge Paper Produota, Inc., 91 NLRB 625.
T Redfern Rausage Company, 98 NLRB 6; Ben H. Christopher, d/b/a Crown Sign and
'Construction !Ce*paasy, et ai., 99 NLRB 843.
ELIZABETH ARDEN SALES CORPORATION AND/OR ELIZABETH ARDEN and
LADIES' TAILORS, CUSTOM DRESSMAKERS, THEATRICAL COSTUME AND
ALTERATION WORKERS' UNION, LOCAL 38, ILGWU, AFL, PF.TI-
'TIONER. Case No. 2-RC-4828. October 7, 195
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Leonard J. Lurie, hearing
of&cer. 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 Act, the Board
has delegated its powers in connection with this case to a three-mem-
ber panel. [Chairman Herzog and Members Houston and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks a unit limited to tailors employed by the
Employer in its several New York City workrooms. The Employer
100 NLRB No. 202.