Gabilan Iron & Machine Co.

National Labor Relations Board - Board Decisions

Nov 24, 1948

80 N.L.R.B. 820 (N.L.R.B. 1948)

In the Matter of GABILAN IRON & MACHINE COMPANY, EMPLOYER and
INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT LODGE No.
93, PETITIONER
Case No. 20-RC-234.-Decided November 24, 1948
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held before a
hearing officer of the National Labor Relations Board. At the hear-
ing, the Employer moved to dismiss the petition. The hearing officer
referred this motion to the Board. For the reasons stated below, the
motion is granted. 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Employer operates a general machine shop at Salinas, Cali-
fornia. During the first 6 months of 1948, the Employer's purchases
totaled approximately $30,000, of which $6,000 represented purchases
from California jobbers of goods having their origin outside the State
of California. During the same period, the Employer's gross revenue
was approximately $86,000, practically all from within California.'
The largest portion of the Employer's revenue was derived from the
repair, fabrication, and adaptation of agricultural equipment used
*Chairman Herzog and Members Houston and Gray.
I A sale of $200 worth of materials was made at Salinas, but delivered to the State of
Washington.
80 N. L. R. B., No. 127.
820
GABILAN IRON & MACHINE OOMPANY 821
in the immediate vicinity of Salinas.2 Some revenue is also obtained
from the repairing of lawn mowers, toys, and other articles owned by
individuals in the locality, as well as from services furnished to lumber
dealers, building contractors, and various local distribution and manu-
facturing concerns. Slightly more than 3 percent of the Employer's
services are furnished to enterprises admittedly engaged in interstate
commerce.
Without deciding whether or not the Employer's operations affect
commerce within the meaning of the Act, we do not believe that it
would effectuate the policies of the Act to assert jurisdiction in this
case, which involves an enterprise essentially local in characters
ORDER
IT IS HEREBY ORDERED that the petition for investigation and cer-
tification of representatives of employees of Gabilan Iron & Machine
Company, Salinas , California , filed herein by International Associa-
tion of Machinists, District Lodge No. 93, be, and it hereby is,
dismissed.
7 Lettuce and other vegetable crops are raised in this area, of which over 85 percent is
shipped outside the State of California.
8 Matter of Wawana Co-op Society, 79 N. L R. B 1243 ; Matter of Pan-American Optical
Company, 79 N. L. R. B. 1237; Matter of Hom-Ond Food Stores, Inc., 77 N. L. R. B. 647.