New England Forestry Service, Inc.

National Labor Relations Board - Board Decisions

Jun 7, 1949

83 N.L.R.B. 1238 (N.L.R.B. 1949)

In the Matter of NEW ENGLAND FORESTRY SERVICE, INC., EMPLOYER,
and TREE SURGEONS, UTILITY LINE CLEARERS AND ALLIED WORKERS,
LOCAL No. 236, NATIONAL FARM LABOR UNION, AFL, PETITIONER
Case No.1-RC-700.Decided June 7,1949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before Robert E.
Greene, hearing officer. The hearing officer's rulings made at the
hearing sire free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following
findings :
The Employer, a Massachusetts corporation, is primarily engaged
in the business of tree trimming and tree surgery. Its purchases of
equipment, consisting of ropes, saws, and pruners, are all made within
the State and do not exceed $400 annually. During the 11 months
ending November 30, 1948, the Employer's gross returns were about
$72,000. Of this amount about $10,500 represents work done for the
State of Massachusetts and for private individuals within the State.
The major portion of the Employer's business consists of trimming
trees near the overhead lines of various Massachusetts electric utility
companies under separate contracts entered into each time an area is
to-be trimmed.' The Employer's work has been performed almost
exclusively in residential areas of Massachusetts towns. In 1948 the
Employer's income from services to these. companies was about
$58,400. From time to time it has also had contracts with an electric
utility company in New Hampshire. The Employer only received
$3,100 under such a contract in 1948.
In addition to its tree trimming work, the Employer has occasion-
ally made surveys for gas companies in North Carolina, South Caro-
lina, Georgia, and Virginia, to detect leakage of gas injurious to plant
life. This work has been sporadic, however; even in years when it
has been performed the Employer's return from it has never exceeded
$5,000 to $6,000.
I The Employer concedes that current originating outside the State may occasionally be
transmitted through the lines near trees which it trims.
83 N. L. R. B., No. 169.
1238
NEW ENGLAND FORESTRY SERVICE , INC. 1239
We do not agree with the Employer's contention that its operations
are wholly unrelated to interstate commerce. However, in view of the
smallness of the business, its predominantly local character, and the
relative remoteness of its impact on interstate commerce, we believe
that it would not effectuate the purposes of the Act to assert juris-
diction.2 Accordingly, we shall dismiss the petition.
ORDER
IT IS HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
2 See Matter of St. Louie Public Service Company, et as., 85 N. L. R. B. 775 . But cf.
Matter of The Davey Tree Expert Company, Inc., 81 N . L. R. B. 1161, wherein the Board
asserted jurisdiction over an employer who, like the present one , was engaged in tree
surgery. In that case, although the segment of the enterprise involved in the represen.
tation proceedings was comparatively small , the employer 's over-all operations amounted
to several million dollars and extended into 36 States.