J. E. Stone Lumber Co.

National Labor Relations Board - Board Decisions

Jul 28, 1948

78 N.L.R.B. 627 (N.L.R.B. 1948)

In the Matter of J. E. STONE LUMBER COMPANY, EMPLOYER and
UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA,
LOCAL 3022, AFL, PETITIONER -
Case No. 16-R-2392.-Decided July 28,1948
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held at Nacog-
doches, Texas, on February 26, 1948, before James R. Webster, hear-
ing officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
THE BUSINESS OF THE EMPLOYER
J. E. Stone Lumber Company, a copartnership, is engaged in the
manufacture of finished lumber at its mill in Nacogdoches, Texas. The
Employer purchases all its raw materials from sources within the State
of Texas and sells all its finished products, valued in excess of $50,000
annually, to three customers located within the State. Two of these
customers, the Stone-Crawford Building Material Company, Nacog-
doches, Texas, and the Freeport Lumber Company, Freeport, Texas,
are retail lumber dealers that sell only to purchasers located in Texas.
The third customer, the Crawford Lumber Sales Company, Nacog-
doches, Texas, a wholesale lumber dealer, purchases from the Employer
approximately one-half of the Employer's finished products. The
Crawford Lumber Sales Company's annual sales amount to approxi-
mately $500,000, of which only about 5 percent represents sales and
shipments to purchasers outside the State, and less than 1 percent
represents sales to the Federal Government. However, the record does
not indicate how much of the products purchased from the Employer
goes into the Crawford Lumber Sales Company's over-all annual inter-
state sales, amounting to approximately $25,000.
78 N. L. R. B., No. 73.
627
628 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer asserts that is is not engaged in commerce within the
meaning of the Act. While we do not find that the operations of the
Employer are unrelated to commerce, we are of the opinion 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. The petition, therefore, will be dismissed.'
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 J. E. Stone Lumber Company, Nacogdoches, Texas,
filed herein by United Brotherhood of Carpenters and Joiners of
America, Local 3022, AFL, be, and it hereby is, dismissed.
MEMBER GRAY took no part in the consideration of the above Deci-
sion and Order.
1 Cf. Matter of Sulsky Manu facturing Co , 71 N. L. R B. 1398.