Mobley Packing Co.

National Labor Relations Board - Board Decisions

Feb 7, 1950

88 N.L.R.B. 517 (N.L.R.B. 1950)

.In the Matter of TOM MOBLEY AND H. R. MOBLEY, D/B/A MOBLEY
PACKING COMPANY, EMPLOYER and AMALGAMATED MEAT CUTTERS
AND BUTCHER WORKMEN OF NORTH AMERICA, AFL, PETITIONER
Case No. 33-RC-144.-Decided February 7, 1950
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before Charles Y.
Latimer, 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 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 Murdock].
Upon the entire record in this case, the Board finds:
The Employer, a partnership, owns and operates a meat processing
plant at Albuquerque, New Mexico. 1111948, the Employer purchased
cattle, hogs, poultry, and sheep valued at $505,000, all of which were
purchased within the State of New Mexico. Purchases of other sup-
plies from outside the State during this period, including spices, sea-
soning, and casings valued at $9,500 were approximately 13/% percent
-of the total amount of supplies purchased. During the same year, the
Employer's sales totaled $592,000, all of which were within the State
,of New Mexico. Hides valued at $22,000 were sold to a hide dealer
within the State. They were ultimately shipped by the dealer to
points outside the State.
During the first 11 months of 1949, the Employer purchased cattle,
hogs, poultry, and sheep valued at $340,000, all of which, except for
-one load of cattle valued at $3,500, were purchased within the State.
Purchases of other supplies from outside the State during this period,
including spices, seasoning, and casings were valued at approximately
$6,000. Total purchases made outside the State during the first 11
months of 1949 were approximately 3 percent of all purchases. Dur-
oThe petition and other papers were amended at the hearing to show the correct name
-of the Employer.
88 NLRB No. 114.
517
518 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing the same year, the Employer's sales totaled $410,000, all of which,,
except for one carload of grease valued at $1,500, were within the
State. Hides valued at $18,000 were sold in the same manner as in
1948. The record discloses that there is no Federal meat inspector at
the Employer's plant.
The Employer asserts 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 find the Employer's activities
are local in character, and- that it would not effectuate the policies of
the Act to assert jurisdiction in this case.2 Accordingly, we shall
dismiss the petition .3
ORDER
IT IS HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
2 Herold & Sons, Inc., 82 NLRB 174.
8 As we are dismissing the petition for reasons stated above , we find It Is unnecessary
to consider other issues raised by the parties.