Riggs Optical Co., Inc.

National Labor Relations Board - Board Decisions

Mar 4, 1949

81 N.L.R.B. 1171 (N.L.R.B. 1949)

In the Matter of RIGGS OPTICAL COMPANY , INC., EMPLOYER and OP-
TICAL AND INSTRUMENT WORKERS ORGANIZING COMMITTEE, CIO,
PETITIONER
Case No. 15-RC-98.-Decided March 4, 1,949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Relations Board. The hearing officer's rulings
are free from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. Riggs Optical Company, Inc., a Delaware corporation with its
principal place of business in Chicago, Illinois, is engaged in the
manufacture and sale of eyeglasses, The Employer operates through-
out the United States approximately 62 branch plants, including the
branch plant at New Orleans, Louisiana, with which we are here
concerned.
The Employer annually receives for use in its operations at its New
Orleans branch, materials valued in excess of $50,000, of which almost
the entire amount is shipped from points outside the State of Louisi-
ana. The annual sales of the New Orleans branch are valued at
$100,000, of which less than 1 percent is shipped to points outside the
State of Louisiana.
We find that the Employer, which operates a national enterprise, is
engaged in commerce within the meaning of the National Labor Re-
lations Act.'
2. The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
I But cf Matter of Barnett Optical Corporation , 79 N L. R. B. 1133 where a wholly local
enterprise was involved . Board Member Gray, however , can see no material distinction
between the Barnett case and the instant case to warrant asserting jurisdiction here. In
his view the Employer ' s operations in the instant case also consist solely of a local service.
Consequently , he would not assert jurisdiction in this case . He agrees with his colleagues,
however, that if jurisdiction is asserted , the petition should be dismissed on the grounds
stated in the text.
81 N. L. R. B., No. 177.
829595-50-vol . 81-75 1171
1172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Petitioner herein is the same Petitioner involved in Matter of
American Optical Company.2 Because the Congress of Industrial Or-
ganizations is not in compliance with Section 9 (f), (g), and (h) of
the Act, and for the reasons stated in the American Optical case, we
find that the Board is unable to investigate the question concerning
representation raised herein by the Petitioner 3 Accordingly, we shall
dismiss the petition.
ORDER
IT IS HEREBY ORDERED that the Petition for investigation of repre-
sentatives of employees of Riggs Optical Company, Inc., New Or-
leans, Louisiana, filed by Optical and Instrument Workers Organizing
Committee, CIO, be, and it hereby is, dismissed.
z 81 N. L. R. B. 453
Although Chairman Herzog and Member Houston dissented in the American Optical
case, they consider themselves bound by the decision of the majority in that case.