Guilford Dairy Cooperative Association, Inc.

National Labor Relations Board - Board Decisions

Mar 10, 1949

81 N.L.R.B. 1334 (N.L.R.B. 1949)

In the Matter of GUILFORD DAIRY COOPERATIVE AssocIATioN, INC.,
EMPLOYER and INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUF-
FEURS , WAREHOUSEMEN & HELPERS OF AMERICA, AFL, LOCAL 391,
PETITIONER
Case No. 34-RC-100.-Decided March 10, 1949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. 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-man
panel consisting of the undersigned Board Members.*
Upon the entire record in this case, the Board finds :
The Employer, a North Carolina cooperative having 86 farmer-
members, is engaged in the processing and distribution of milk and
dairy products. During 1947, the Employer purchased approximately
$1,000,000 worth of milk, materials, and supplies, of which approxi-
Inately 7 percent originated outside the State of North Carolina. In
May 1947, the Employer also purchased plant equipment valued at
$151,639, all of which originated outside the State. During 1947,
the Employer's sales amounted to approximately $1,500,000. All sales
were made to customers located within the State.
The Employer contends that it is not engaged in commerce within
the meaning of the Act. While we do not find that the operations of
the Employer are wholly unrelated to commerce, we are of the opinion
that, as these operations are essentially local in character, to assert
jurisdiction in this case would not effectuate the policies of the Act.,
We shall therefore dismiss the petition.
ORDER
IT IS HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
'Chairman Herzog and Members Reynolds and Gray.
I Matter of Creamland Dairies, Inc., 80 N. L. R. B. 106.
.81 N. L. It. B., No. 214.
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