84 N.L.R.B. 21 (N.L.R.B. 1949)

Martin Brothers

National Labor Relations Board - Board DecisionsJun 8, 1949

84 N.L.R.B. 21 (N.L.R.B. 1949)

In the Matter - Of MONROE MOODY MARTIN AND WESLEY MAT-THEW MARTIN, D/B/A MARTIN BROTHERS , EMPLOYER and RETAIL, WHOLE- SALE & DEPARTMENT STORE UNION, CIO, PETITIONER Case No. 10-RC-531.-Decided June 8, 1949 DECISION AND ORDER Upon an amended petition duly filed, a hearing was held before Leroy W. C. Mather, 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-member panel [Chairman Herzog and Members Houston and Gray]. Upon the entire record in this case, the Board finds : 1. The Employer, Monroe Moody Martin and Wesley Matthew Martin, are partners, doing business in Atlanta, Georgia, at Martin Brothers. They are engaged in the manufacture of dentures, crowns, inlays, and bridges for members of the dental profession. During the year 1948, the Employer purchased supplies, raw materials, and equip- ment valued in excess of $25,000, of which approximately 75 percent was purchased outside the State of Georgia. During the same period the Employer sold products valued in excess of $25,000, of which ap- proximately 25 percent was shipped to points outside the State of Georgia. The Employer moved to dismiss the petition upon the ground 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 are of the opinion that, as these operations are essen- tially local in character, to assert jurisdiction in this case would not effectuate the policies of the Act .2 Accordingly, we shall dismiss the petition. 1 The record has been amended to show the correct name of the Employer. 2 Matter of Ray-Lyon Co., Inc., 83 N. L. R . B. 487, and case cited therein. 84 N. L. R. B, No. 2. 853396-50-vol. 84-3 21 22 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER Upon the basis of the foregoing findings of fact, and upon the entire record in this case , the National Labor Relations Board hereby orders that the petition herein be, and it hereby is, dismissed.