Justin A. Davis Furniture Manufacturing Co.

National Labor Relations Board - Board Decisions

Oct 13, 1950

91 N.L.R.B. 925 (N.L.R.B. 1950)

In the Matter of JUSTIN A. DAVIS FURNITURE MANUFACTURING COM-
PANY, EMPLOYER and UNITED FURNITURE WORKERS OF AMERICA,
LOCAL 576, CIO, PETITIONER
Case No. 21-RC-1284.-Decided October 13,1950
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before James W. Cherry,
Jr., 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 Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Chairman Herzog and Members Murdock and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is a California corporation manufacturing un-
painted utility clothing cabinets, utility kitchen stools, and tables at
its plant at Los Angeles, California. Except for minor retail sales
at the factory, the sales of the Employer are made at wholesale to
department stores, second hand stores, swap shops, and unfinished
furniture shops. For the Employer's fiscal year ending August 31,
1949, total sales were in the amount of $160,000 of which approxi-
mately $4,000 were made to firms outside the State of California.
During the same period the Employer purchased materials such as
lumber, plywood, and hardware valued at $76,000 of which $47,500
was shipped directly from points outside the State of California.
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 unrelated to commerce, we' believe that, inasmuch
as inflow from out of the State is less than $500,000, and its out-of-
State sales are less than $25,000, it would not effectuate the policies
of the Act for the Board to exercise jurisdiction in this case.,- Accord-
ingly, we shall dismiss the petition herein.
ORDER
IT IS aEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
'Cf. Stanislaus Implement and Hardware Company; -Limited, 91 NLRB 618; Federal
Dairy Co., Inc., 91 NLRB 638; Rutledge Paper Products, Inc., 91 NLRB 625.
91 NLRB No . 151. 925