Ray-Lyon Co., Inc.

National Labor Relations Board - Board Decisions

May 11, 1949

83 N.L.R.B. 487 (N.L.R.B. 1949)

Iri,the Matter of RAY-LYON Co., INC., EMPLOYER and RETAIL, WHOLE-
SALE & DEPARTMENT STORE UNION, CIO, PETITIONER
Case No. 10-RC-530.-Decided May 11, 1949
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held at Atlanta,
Georgia, on March 29, 1949, before LeRoy W. C. Mather, hearing
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-member panel [Members Reynolds, Murdock, and
Gray].
Upon the entire record in this case, the National Labor Relations
Board makes the following :
FINDINGS of FACT
THE BUSINESS OF THE EMPLOYER
The Employer,, a Georgia corporation, is engaged in the manufac-
ture of dental restoratory devices for the dental profession. Its office
and laboratory is-located at Atlanta, Georgia. During the year 1948,
the Employer, purchased raw materials valued in excess of $50,000,
of which approximately 15 percent was received from points outside
the State of Georgia. During the same period the Employer sold
finished products valued in excess of $100,000, of which approximately
10 percent was shipped to points outside the State of Georgia.
The Employer does not admit that it is engaged in commerce within
the meaning of the National Labor Relations Act. While we do not
find that the operations of the Employer are wholly unrelated to com-
merce, we are of the opinion that as that relationship is remote and
these operations are essentitally local in character, to assert jurisdic-
tion in this case would not effectuate the policies of the Act.' The
petition, therefore, will be dismissed.
1 Matter of Pan-American Optical Company, 79 N. L . R. B. 1237.
83 N. L. R. B., No. 78.
487
488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Ray-Lyon Co., Inc., Atlanta, Georgia, filed herein by
Retail, Wholesale & Department Store Union, CIO, be, and it hereby is,
dismissed.
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