81 N.L.R.B. 1230 (N.L.R.B. 1949)

Lewis Brothers Bakeries, Inc.

National Labor Relations Board - Board DecisionsMar 8, 1949

81 N.L.R.B. 1230 (N.L.R.B. 1949)

In the Matter of LEwIS BROTHERS BAKERIES , INC.)' EMPLOYER and BAKERY AND CONFECTIONERY WORKERS INTERNATIONAL UNION OF AMERICA, LOCAL 199, AFL, PETITIONER Case No. 14RC-465.Decided March 8,1949 DECISION AND ORDER Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. 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-man panel consisting of the undersigned Board Members.* Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT THE BUSINESS OF THE EMPLOYER The Employer, an Illinois corporation, having its principal office and only place of business in Anna, Illinois, is engaged in the manu- facture and sale of bakery products. During 1947, its total purchases amounted to approximately $105,000, of which about $86,000 repre- sented raw materials, and the remainder equipment and replacements. About 35 percent of the purchases was directly shipped and in excess of 15 percent was indirectly shipped from sources outside the State of Illinois. Total sales for the same year exceeded $450,000, and were made to grocery stores and markets located within the State. The Employer asserts that its operations do not affect commerce within the meaning of the Act. While we do not agree with the 1 The name of the Employer appears as amended at the hearing. *Houston, Reynolds , and Murdock. 81 N. L. R. B., No. 190. 1230 LEWIS BROTHERS BAKERIES , INC. 1231 Employer's contention, we do not believe that it would effectuate the policies of the Act to assert jurisdiction in this case. Accordingly, we shall dismiss the petition 2 ORDER IT IS HEREBY ORDERED that the petition for investigation and certifica- tion of representatives of employees of Lewis Brothers Bakeries, Inc., Anna, Illinois, filed herein by Bakery and Confectionery Workers International Union of America, Local 199, AFL, be, and it hereby is, dismissed. 7 Golden Cruet Bakery, 80 N. L. R. B. 762; The O'Rourke Baking Company, Inc., 79 N. L. R. B . 1456 ; Harris Baking Company , 79 N. L. R. B. 77 ; Sta-Steen Bakery, Inc., 78 N. L. R. B. 798.