Herold & Sons, Inc.

National Labor Relations Board - Board Decisions

Mar 16, 1949

82 N.L.R.B. 174 (N.L.R.B. 1949)

In the Matter of HEROLD & SONS, INC., EMPLOYER and FooD STORE
EMPLOYEES UNION, LOCAL #347 AMALGAMATED MEAT CUTTERS AND
BUTCHER WORKMEN OF NORTH AMERICA, A. F. OF L., PETITIONER
Case No. 9-RC-R94.-Decided March 16, 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.
Upon the entire record in this case, the Board finds :
1. The Employer, a West Virginia corporation, maintains its prin-
cipal office and place of business at Huntington, West Virginia.' It
is engaged in a wholesale and retail trade in poultry and eggs and in
the processing of poultry for such trade. During the 10-month period
ending October 31, 1948, purchases of poultry and eggs amounted to
approximately $228,899.39 of which amount about 3 percent in value
was obtained from sources outside the State of West Virginia 2 Dur-
ing the same period, gross sales of poultry and eggs amounted to ap-
proximately $264,043.79 of which amount $6,744.18 represents retail
sales at the Employer's premises. Of the balance of $257,299.40 8 of
gross sales at wholesale, $13,569.69, or approximately 5 percent, rep-
resents the sale and delivery of merchandise by the Employer's truck
to points outside the State of West Virginia.
The Employer moved to dismiss the petition upon the ground that it
was not engaged in commerce within the meaning of the Act. While
we do not find that the operations of the Employer are unrelated to
'The city of Huntington is located in what is known as a "tri-state area," being near
the States of Kentucky and Ohio.
2 The Employer estimated that less than 1 percent of the amount of goods purchased
represents purchases made by the Employer at points outside the State of West Virginia
and that about 2 percent represents purchases originating outside the State of West Virginia
but brought by farmers from the surrounding area to the Employer's premises for sale.
a The Employer's president estimated that less than 1 percent of gross sales represents
sales to individuals who transport their purchases to points outside the State of West
Virginia.
82 N. L. R. B., No. 14.
174
HEROLD & SONS , INC. 175
commerce, we believe that the effect of such operations on interstate
commerce is so insubstantial that to assert jurisdiction in this case
would not effectuate the policies of the Act. Accordingly , we shall
dismiss the petition.
ORDER
Upon the basis of the foregoing findings of fact, and upon the entire
record in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
of employees of Herold & Sons, Inc., Huntington , West Virginia, filed
herein by Food Store Employees Union , Local $347, Amalgamated
Meat Cutters and Butcher Workmen of North America , A. F. of L., be,
and it hereby is, dismissed.
CHAIRMAN HERzoa took no part in the consideration of the above
Decision and Order.