85 N.L.R.B. 511 (N.L.R.B. 1949)

Ready-Mix Concrete Co.

National Labor Relations Board - Board DecisionsAug 2, 1949

85 N.L.R.B. 511 (N.L.R.B. 1949)

In the Matter of LOUISVILLE CRUSHED STONE COMPANY T/A READY- MIX CONCRETE COMPANY, EMPLOYER and LOCAL 181, INTERNATIONAL UNION OF OPERATING ENGINEERS, A. F. OF L., PETITIONER Case No. 9-RC-447.-Decided August 2, 19119 DECISION AND ORDER Upon a petition duly filed, a hearing was held before William A. McGowan, a hearing officer of the National Labor Relations Board!' 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-member panel [Clhairman Herzog and Members Murdock and Gray]. Upon the entire record in the case, the Board makes the following findings : The Employer is engaged in the preparation of crushed stone for building purposes, the processing of aggregate for ready-mixed con- crete, and the manufacture of concrete blocks at its two plants in Louisville, Kentucky. During the past 12 months the Employer pur- chased raw materials and supplies and equipment worth more than $100,000, of which 35 percent represented shipments from sources out- side Kentucky. During the same period the Employer sold products. worth more than $200,000, all of which were shipped or directed to, points within the State. While we do not find that the operations of the Employer are wholly unrelated to commerce, we find that these operations are essentially local in character and that the assertion of jurisdiction in this par- ticular case would not effectuate the policies of the Act. Accord- ingly, we shall dismiss the petition herein.2 'Teamsters Local 89, the recognized bargaining representative of the. employees at one of the Employer 's two plants , appeared and participated at the hearing. 'Matter of Construction Materials Company, 85 N. L. it. B. 320, and cases cited therein. 85 N. L. R. B., No. 86. 511 512 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 filed in the instant matter be, and it hereby is, dismissed.