Nacogdoches County Lumber Co.

National Labor Relations Board - Board Decisions

Oct 6, 1949

86 N.L.R.B. 410 (N.L.R.B. 1949)

In the Matter of NACOGDOCIIES COUNTY LUMBER COMPANY, EMPLOYER
and INTERNATIONAL WOODWORKERS OF AMERICA, CIO, PETITIONER
Case No. 16-RC-401.-Decided October 6, 1949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before Joseph A.
Jenkins, 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 Gray].
Upon the entire record in this case, the Board finds :
The Employer, a Texas corporation, owns and operates a sawmill
and planing mill at Nacogdoches, Texas. In 1948, the Employer
purchased between $100,000 and $200,000 worth of timber and logs, all
of which was grown within the State of Texas. Purchases of other
supplies from outside the State during this period, including planer
blades, belts, saws, and greases, amounted to approximately 7 percent
of the total amount of supplies purchased. During the same year,
the Employer's sales totaled $602,382.37, all of which were within the
State of Texas. During the first 6 months of 1949, the Employer
purchased approximately $90,000 worth of timber and logs, all of
which was grown in the State of Texas. Purchases of some 4.4 per-
cent of other supplies were made outside the State during this period.
In the same 6 months, sales were $374,131.39, of which $7,645.77 was
sold outside the State. These out-of-State sales resulted when the
Employer's kiln was destroyed which necessitated the production of
low grade lumber that could not be sold in the usual market. Since
the kiln has been replaced, such sales outside the State have been dis-
continued. Approximately 95 percent of the Employer's shipments
are made in its own trucks. The record discloses that these trucks do
not cross State lines. The balance of the shipments are made by
rail.
86 N. L. R. B., No. 54.
410
NACOGDOCHES COUNTY LUMBER COMPANY 411
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 that the Employ-
er's activities are local in character, and that it would not effectuate
the. policies of the Act to assert jurisdiction in this case., Accord-
ingly, 'we shall dismiss,the petition.2
ORDER
IT IS HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
1 Matter o f J. E. Stone Lumber Company, 78 N. L. R. B . 627 ; Matter of Pacific Slope
Lumber Company, 80 N. L . R. B. 1310.
2 As we are dismissing the petition for reasons stated above , we find it unnecessary to
consider other issues raised by the parties.