National Tool Co.

National Labor Relations Board - Board Decisions

Jul 28, 1948

78 N.L.R.B. 625 (N.L.R.B. 1948)

In the Matter of STACY M. NICKERSON AND CARL WERTHEN, DOING
BUSINESS AS NATIONAL TOOL COMPANY, EMPLOYER and INTERNA-
TIONAL BROTHERHOOD OF FIREMEN & OILERS, POWERHOUSE EMPLOYEES,
OPERATORS AND MAINTENANCE MEN, A. F. L., PETITIONER
Case No. 1-RC-166.-Decided July 08, 1948
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held at Boston,
Massachusetts, on May 10, 1948, before Leo J. Halloran, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
THE BUSINESS OF THE EMPLOYER
The Employer is engaged in the manufacture of tools, dies, and jigs
at its plant in Brockton, Massachusetts. During the 6-month period
ended December 31, 1947, it purchased between $8,500 and $9,000
worth of raw materials, of which approximately 10 percent was pur-
chased outside the Commonwealth of Massachusetts. During the
same period, it manufactured finished products valued at more than
$15,000, all of which were sold within the Commonwealth of Mas-
sachusetts, some to firms engaged in interstate commerce.
The Employer takes no position as to whether its operations affect
commerce within the meaning of the Act, but has submitted the issue
for determination by the Board. Although we do not find that the
operations of the Employer are unrelated to commerce, we believe
that the effect of such operations on interstate commerce is so insub-
stantial that to assert jurisdiction in this case would not effectuate the
policies of the Act.,' The petition, therefore, will be dismissed.
I Matter of Sulsky Manufacturing Co., 71 N. L. R. B. 1398.
78 N. L. R. B., No. 72.
625
626 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the foregoing findings of fact, and upon the
entire record in the case, the National Labor Relations Board hereby
orders that the petition for investigation and certification of repre-
sentatives of employees of Stacy M. Nickerson and Carl Werthen,
doing business as National Tool Company, Brockton, Massachusetts,
filed herein by International Brotherhood of Firemen & Oilers, Power-
house Employees, Operators and Maintenance Men, A. F. L., be, and
it hereby is; dismissed.