Justrite Press

National Labor Relations Board - Board Decisions

Mar 14, 1951

93 N.L.R.B. 786 (N.L.R.B. 1951)

786 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
JUSTRITE PRESS and CHICAGO PRINTING PRESSMEN'S UNION No. 3,
FRANKLIN UNION No. 4, I. P. AND A. U. OF N. A., A. F. L., PETI-
TIONER. Case No. 13-RC-1610. March 14, 1951
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Albert Gore, 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 [Members Houston, Reynolds, and Styles].
Upon the entire record in this case, the Board finds :
The Employer is a commercial printer with its plant and office in
Chicago, Illinois. The Employer's total purchases in 1949 amounted
to $22,005. All purchases were made locally but the articles pur-
chased originated outside the State of Illinois. During the same
period, the Employer sold printed materials valued at approximately
$97,000. Of this amount, $20,138 represented sales to the College of
Advanced Traffic, a vocational educational institution having schools
in several States; $24,644 represented sales to two roofing companies;
$10,776 represented sales to a baking concern; and $8,000 represented
sales to a department store. The parties stipulated that these firms
are engaged in interstate commerce. Of the $24,644 worth of mate-
rials sold to the roofing companies, approximately $5,000 worth was
shipped directly to points outside the State at the direction of the
purchaser. All other sales were made to local firms.
It thus appears that the Employer's total sales to firms engaged in
interstate commerce, exclusive of those to the College of Advanced
Traffic, amounted to $43,420 during the year 1949. In the Hollow
Tree Lumber Company case,' the Board enunciated the policy that
thereafter it would exercise jurisdiction over those enterprises which
affect commerce by virtue of the fact that they furnish goods or serv-
ices necessary to the operation of other employers engaged in com-
merce, without regard to other factors, where such goods or services
are valued at $50,000 per annum or more, and are sold to firms in
certain categories.2 In the instant case, however, the volume of sales
191 NLRB 635.
2 (a) Public utilities or transit systems ; ( b) companies which function as instrumentali-
ties and channels of interstate and foreign commerce and their essential links ; or (c)
enterprises engaged in producing or handling goods destined for out-of -State shipment or
performing services outside the State, in the value of $25,000 per annum or more. The
College of Advanced Traffic does not fall within any of these categories . Even if we assume
that the Employer' s other customers listed above fall within one of the foregoing cate-
gories, the total amount sold to them. would be less than the minimum annual requirement
of $50,000
93 NLRB No. 124.
HANCOCK TOOL & DIE CORPORATION 787
to firms in these categories does not meet the Board's minimum re-
quirement for the assertion of jurisdiction. Nor does any combina-
tion of inflow and outflow, both direct and indirect, meet the Board's
minimum requirements for the assertion of jurisdiction.3 Accord-
ingly, we shall dismiss the petition.
Order
IT IS HEREBY ORDERED that the petition filed herein be, and it hereby
is dismissed.
8 The Rutledge Paper Products, Inc., 91 NLRB 625.
HANCOCK TOOL & DIE CORPORATION and LOCAL 174, INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA (UAW-CIO) , PETITIONER . Case No. 7-RC-
1165. March 14, 1951
Decision and Order
Upon a petition duly filed under Section 9,(c) of the National Labor
Relations Act,'a hearing was held before W. A. Reinke, 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 Houston and Reynolds].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organizations involved claim to represent employees
of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons: _
The Petitioner seeks to sever employees in the Employer's metal
moulding department from an existing plant-wide unit. The Em-
ployer and the Intervenor, Society of Tool and Die Craftsmen, con-
tend that the proposed unit is inappropriate.)
' The Intervenor also asserts that a determination of representatives at this time is
barred by the existence of a contract between the Society and the Employer dated September
18, 1950 , which will not expire until 1956 . The contract relied on is an extension of a
previous contract between the Employer and the Society entered into on August 14, 1947.
By its terms , this earlier contract renewed itself automatically from January 15 of each
year and was to continue to do so unless notice of termination should be given by either
party between December 15 and January 15. The contract of September 18, 1950, was
therefore a premature extension . As such , it cannot bar a petition timely filed in advance
of January 15 Bethlehem -Sparrows Potnt Shipyard , Inc., 90 NLRB No. 204.
93 NLRB No. 129.