Nola Optical Co.

National Labor Relations Board - Board Decisions

Sep 30, 1948

79 N.L.R.B. 1241 (N.L.R.B. 1948)

In the Matter of FRANK J. GARDNER AND ALoyslus E. WHITE D/B/A
NOLA OPTICAL COMPANY , EMPLOYER and OPTICAL & INSTRUMENT
WORKERS ORGANIZING COMMITTEE , CIO, PETITIONER
.Case No. i5-RC-106.-Decided September 30, 1948
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held at New Or-
leans, Louisiana, on July 30, 1948, before Richard C. Keenan, hear-
ing 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-man panel consisting of the undersigned Board
Members. *
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 fabrication of eye glasses and
purchases lens blanks and frames. Its sole office and shop is located
at New Orleans, Louisiana. During the period from November 1,
1947, through April 30, 1948, the Employer purchased raw materials
valued at $15,000, all of which represented purchases outside the
State of Louisiana. From November 1, 1947, to April 30, 1948, its
total sales amounted to $30,000, all of which were within the State.
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. We are of the opinion that the
effect of such operations on interstate commerce is so remote and in-
*Chairman Herzog and Members Houston and Reynolds.
79 N. L. R. B., No. 160
1241
1242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
substantial that to assert jurisdiction in this case would not effectu-
ate the policies of the Act. The petition, therefore, will be dismissed.'
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 representatives
of employees of Frank J . Gardner and Aloysius E. White, d/b/a Nola
Optical Company, New Orleans , Louisiana , filed herein by Optical &
Instrument Workers Organizing Committee, CIO, be, and it hereby is,
dismissed.
I Matter of Barnett Optical Corporation , 79 N. L. R. B. 1138, issued September 29, 1948.