Purity Creamery Co.

National Labor Relations Board - Board Decisions

Sep 28, 1948

79 N.L.R.B. 1042 (N.L.R.B. 1948)

In the Matter of C. R. HARWOOD AND M. J. HARWOOD, SPURGEON
MEMORIAL FOUNDATION, DOING BUSINESS AS PURITY CREAMERY COM-
PANY, EMPLOYER and MILK DRIVERS AND DAIRY EMPLOYEES , LOCAL.
No. 637, AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF TEAM-
STERS , CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA,.
A. F. L., PETITIONER and LOCAL No. 1, INTERNATIONAL UNION OF
OPERATING ENGINEERS , A. F. L., PETITIONER
Case Nos. 30-RC-59 and ' 30-RC-77.Decided September 28, 1948
DECISION
AND
ORDER
Upon petitions duly filed, a consolidated 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.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
these cases to a panel consisting of Board Members Houston, Rey-
nolds,' and Gray.
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 a partnership located in Denver, Colorado, and
has no affiliation with any other company or corporation. It is en-
gaged in the manufacturing, processing, and distribution of ice cream,,
milk, and related products. In addition to its manufacturing and,
processing plant, the Employer operates nine retail stores, all located
within the city and county of Denver, Colorado.
i Board Member Reynolds did not participate in these cases.
79 'N. L. R. B., No. 132.
1042
PURITY CREAMERY COMPANY 1043
During the past year, the Employer purchased raw materials, con-
sisting primarily of milk and cream, in an amount exceeding $400,000.
Approximately 5 percent of this amount was purchased outside the
State of Colorado.
The Employer's sales, during the same period, exceeded $500,000.
None of its products were sold outside the State of Colorado.
While the Employer, as stated above, makes some purchases outside
the State of Colorado, its activities are essentially local in character.
Therefore, we are of the opinion that it would not effectuate the
policies of the Act to assert jurisdiction in these cases. Accordingly,
we shall dismiss the petitions.2
ORDER
IT Is HEREBY ORDERED that the petitions for investigation and certifi-
cation of representatives filed herein be, and they hereby are, dismissed.
i Matter of Fehr Baking Company , 79 N. L, R. B. 440.