Lacey Milling Co.

National Labor Relations Board - Board Decisions

Mar 31, 1943

48 N.L.R.B. 914 (N.L.R.B. 1943)

In the Matter of LACEY MILLING COMPANY and GENERAL TEAMSTERS
UNION, LOCAL No. 87, A. F. OF L.
Case No. R-41895.-Decided March 31, 1943
Jurisdiction : policies of the Act will not be effectuated by asserting jurisdiction
over a grain-mill products manufacturer whose operations although-not wholly
unrelated to commerce, were essentially local in character.
Mr. Roger, R. Walch, of Hanford, Calif., for the Company.
Mr. James F. Galliano, of Oakland, Calif., for the Union.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by General Teamsters Union, Local No.
87, A. F. of L., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Lacey Milling Company, Hanford, California, herein called
the Company, the National 'Labor Relations Board provided 'for an
appropriate hearing upon due notice before Gerald P. Leicht, Trial
Examiner. The hearing was held at Hanford, California, on Febru-
ary 11, 1943. The Company and the Union appeared, participated,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing upon the issues.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. The Company and the
Union filed briefs which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Lacey Milling Company is a California corporation with its prin-
cipal office and place of business at Hanford, California, and with
branch plants at Fresno and Bakersfield, California. The Company
48 N. L. R. B., No. 103.
914
LACEY MILLING COMPANY 915
is engaged in the manufacture and sale of flour, feeds, and sundry
grains. The overwhelming bulk of the raw materials used by the
Company, consisting of wheat, barley, and milo grain, are raised by
local farmers,in the vicinity of the mill and all of the Company's
products are,:consumed by local- customers within the State of
California.
While-we do not find that the operations of the Company are wholly
unrelated to commerce, in view of the essentially local character of
the Company's business, we 'do not believe that the policies of the Act
will be effectuated by asserting jurisdiction in this case. Accordingly,
we shall dismiss the petition.
ORDER
Upon the basis of the foregoing findings of 'fact and pursuant- to
Section 9 (c) of the National Labor Relations Act, the' National
Labor Relations Board hereby orders that the petition for investiga-
tion and certification of representatives of employees of Lacey Milling
Company, Hanfofd, California, filed by General Teamsters Union,
Local No. 87, A. F. of L., be, and the same hereby is, dismissed.
521247-43-vol. 48-59