Pan-American Optical Co.

National Labor Relations Board - Board Decisions

Sep 30, 1948

79 N.L.R.B. 1237 (N.L.R.B. 1948)

In the Matter of PAN-AMERICAN OPTICAL COMPANY, EDIPLOYER and
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA, CIO, PETITIONER
'Case No. 10 RC--185.=Decided September 30, 1948
DECISION ,
AND
ORDER
Upon a petition duly filed, hearing in this case was held at Miami,
Florida, on May 21, 1948, before James W. Mackle, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial 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
TIME BUSINESS OF THE EMPLOYER
The Employer, a Florida corporation, is engaged in the -wholesale
optical prescription laboratory business. Its only office and labora-
tory is located at Miami, Florida. During the calendar year 1947, the
Employer purchased raw materials valued in excess of $25,000, of
which approximately 90 percent was received from points outside the
State of Florida. During the same period the Employer sold finished
products valued in excess of $50,000, of which approximately 5 per-
,cent was shipped to points outside the State of Florida.
The Employer admits that it is engaged in commerce within the
meaning of the National Labor Relations Act. While we do not find
'Chairman Herzog and Members Houston and Reynolds.
79 N. L. R. B., No. 158.
1237
809095-49-vol. 79-79
1238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that the operations of the Employer are wholly unrelated to commerce,
we are of the opinion that as that relationship is remote and these
operations are essentially local in character, to assert jurisdiction in
this case would not effectuate 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 Pan-American Optical Company, Miami, Florida,
filed herein by International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America, CIO, be, and it hereby
is, dismissed.