Monroe Beer Distributors

National Labor Relations Board - Board Decisions

Oct 5, 1949

86 N.L.R.B. 384 (N.L.R.B. 1949)

In the Matter of NICK BELLINO D/B/A MONROE BEER DISTRIBUTORS,
EMPLOYER and INTERNATIONAL UNION OF UNITED BREWERY, FLOUR,
CEREAL, SOFT DRINK AND DISTILLERY WORKERS of AMERICA,, CIO,
PETITIONER
Case No. 7-RC-681.-Decided October 5, 1949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before George A.
Sweeney, 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 [Members Houston, Reynolds,
and Murdock].
Upon the entire record in this case, the Board makes the following :
FINDINGS OF FACT
THE BUSINESS OF TIIE EMPLOYER
The Employer is engaged in the wholesale distribution of beer, wine,
and soft drinks. It operates its only business in Monroe, Michigan.
During 1948, the Employer's total purchases amount to $471,000, of
which only $7,000 in value was received directly from outside the State
of Michigan. The remaining $464,000 represents purchases made
from the Pfeiffer Brewing Company of Detroit, Michigan; it is
conceded that this company is engaged in interstate commerce. The
Employer's total sales for the same period amounted to $587,679, none
of which was shipped to points outside the State of Michigan.
The Employer took no stand as to whether or not it is engaged in
commerce within the meaning of the Act. Although we do not find
that the Employer's operations are wholly unrelated to commerce,
we believe the assertion of jurisdiction in this case would not effectuate
the policies of the Act. We shall, therefore, dismiss the petition?
ORDER
IT IS HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
' Cf. Matter of Virgil V. Voltz, d /b/a Golden Crust Bakery, 80 N. L. R. B. 762.
86 N. L. R. B., No. 50.
384