May Potato Chip Co.

National Labor Relations Board - Board Decisions

Sep 28, 1949

86 N.L.R.B. 191 (N.L.R.B. 1949)

In the Matter Of MAY POTATO CHIP COMPANY, EMPLOYER and LOCAL
UNION No. 383, BAKERY AND CONFECTIONERY WORKERS' INTERNA-
TIONAL UNION OF AMERICA, AFL, PETITIONER
Case No. 17-RC-479.-Decided September 28, 1949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before Charles F.
McCoy, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board 1 finds :
The Employer, a partnership, maintains its principal office and
place of business at Kansas City, Missouri, where it is engaged in the
manufacture and sale of potato chips. During the 12-month period
preceding the date of the hearing, the Employer purchased raw
materials, such as potatoes, oil, and salt, valued in excess of $50,000,
of which less than 5 percent was shipped to its plant from points out-
side the State of Missouri. During the same period, the Employer
sold potato chips valued in excess of $100,000, of which only 10 percent
was delivered to points outside the State of Missouri.
The Employer contends, contrary to the Petitioner's argument,
that it is not engaged in commerce within the meaning of the National
Labor Relations Act. Although we do not find that the Employer's
operations are unrelated to commerce, we believe that the effect of
such operations on interstate commerce is so insubstantial that to
assert jurisdiction in this case would not effectuate the policies of the
Act. Accordingly, we shall dismiss the petition.-
ORDER
Upon the basis of the foregoing findings of facts, and upon the
entire record in the case, the National Labor Relations Board hereby
orders that the petition for investigation and certification filed herein
be, and it hereby is, dismissed.
i 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 Reynolds and Gray].
2 See Matter of Steel Fabricating and Machinery Company, Inc., 85 N . L. R. B. 678;
Matter of Herold & Sons, Inc., 82 N. L. R. B. 174.
86 N. L. It. B., No. 32.
191