Okeelanta Sugar Cooperative

National Labor Relations Board - Board Decisions

Mar 9, 1949

81 N.L.R.B. 1297 (N.L.R.B. 1949)

In the Matter of OKEELANTA SUGAR COOPERATIVE, EMPLOYER and
UNITED PACKINGHOUSE WORKERS OF AMERICA, CIO, PETITIONER
Case No. 10-RC-373.-Decided March 9, 1949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing officer
of the National Labor Relations Board. The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.'
Upon the entire record in this case, the Board makes the following
findings :
The Employer is an agricultural cooperative marketing association,
organized and chartered by the State of Florida. It is engaged in the
business of growing sugar cane, which it converts into the finished
product of sugar and the byproduct of black strap molasses. Its sugar
mill is located at South Bay, Florida.
During the past year, the Employer processed 54,000 tons of raw
cane, valued in excess of $200,000, all of which cane was grown within
the State of Florida. During the same period, the Employer processed
sugar and black strap molasses, valued in excess of $200,000, all of
which was shipped to customers within the State. Although the Em-
ployer's original sugar mill machinery and farm equipment, and cer-
tain chemicals, paper bags, and fuel oil, were manufactured outside
the State of Florida, its operations are essentially local in character.
There is no evidence that any specific portion of the raw product, the
finished product, or the byproduct, has moved or does move beyond the
boundaries of the State of Florida.
The Employer asserts that it is not engaged in commerce within the
meaning of the Act. Without deciding whether or not the Employer's
operations affect commerce within the meaning of the Act, we do not
believe it would effectuate the policies of the Act to assert jurisdiction
in this case. Accordingly, we shall dismiss the petition.
L At the hearing, the Employer made various motions to dismiss, among which was a
motion based upon the contention that the employees sought herein are agricultural work-
ers. In view of our findings herein, we deem it unnecessary to pass upon such motions.
81 N. L. R. B., No. 200.
1297
1298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
IT IS HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Order.