Irwin County Electric Membership Corp.

National Labor Relations Board - Board Decisions

Feb 15, 1950

88 N.L.R.B. 718 (N.L.R.B. 1950)

In the Matter Of IRwIN COUNTY ELECTRIC MEMBERSHIP CORPORATION,
EMPLOYER and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORS-
ERS, LOCAL UNION 1316, PETITIONER
Case No. 10-RC-686.-Decided February 15,1950
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before W. A. Prowell,
hearing officer. 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-member panel [Chairman Herzog and Members
Reynolds and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer, a Georgia corporation constituted as a nonprofit
cooperative financed by Rural Electrification Administration, distrib-
utes electricity to its shareholders, all of whom are located within 6
counties of southern Georgia. The shareholders, numbering 4,150,
anually purchase electricity valued in excess of $192,000 from the
Employer. While it is clear that these shareholders are for the most
part domestic or farm users, some are commercial users. However,
there is no evidence in the record that any of the commercial users are
engaged in commerce within the meaning of the Act.
The Employer does not generate any electricity, but purchases all
its electricity for resale from the Georgia Power Company. During
the 12-month period ending November 1949, the Employer's purchases
of electricity were valued in excess of $39,000. During the same pe-
riod, the Employer purchased supplies valued in excess of $160,000,
at least 75 percent of which was shipped directly to the Employer
from points outside 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 believe that, as
88 NLRB No. 143.
718
. IRWIN COUNTY ELECTRIC MEMBERSHIP CORPORATION 719
that relationship is remote and its operations are essentially local in
character, the assertion of jurisdiction in this case would not effectuate
the policies of the Act. Accordingly, we shall dismiss the petition.'
ORDER
IT IS HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
1 Platte-Clay Electric Cooperative, 83 NLRB 863. As Indicated in the Platte-Clay case,
Member Reynolds would assert jurisdiction over an enterprise of this nature. However,
he considers himself bound by the decision in that case, and accordingly joins in the dis-
missal of the petition herein.