S. D. Bell Dental Mfg. Co., Inc.

National Labor Relations Board - Board Decisions

Jun 8, 1949

84 N.L.R.B. 23 (N.L.R.B. 1949)

In the Matter of S. D. BELL DENTAL MFG. Co., INC., EMPLOYER and
RETAIL, WHOLESALE & DEPARTMENT STORE UNION, C. I. 0.,
PETITIONER
Case No. 10-RC-,532.-Decided June 8, 1949
DECISION
AND
ORDER
Upon an amended petition duly filed, a hearing was held before
Leroy W. C. Mather, 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
this case to a three-member panel [Chairman Herzog and Members
Houston and Gray].
Upon the entire record in this case, the Board finds :
The Employer, a Georgia corporation, is engaged in Atlanta, Geor-
gia, in the manufacture of dentures, crowns, inlays, and bridges for
members of the dental profession. During the year 1948, the Em-
ployer purchased supplies, raw materials, and equipment valued in
excess of $25,000, of which approximately 15 percent was purchased
outside the State of Georgia. During the same period the Employer
sold finished products valued in excess of $50,000, of which approxi-
mately 8 to 10 percent was shipped to points outside the State of
Georgia.
The Employer moved to dismiss the petition upon the ground
that it is not engaged in commerce within the meaning of the Act.
While we do not find that the operations of the Employer are wholly
unrelated to commerce, we are of the opinion that, as these operations
are essentially local in character, to assert jurisdiction in this case
would not effectuate the policies of the Act.'
ORDER
Upon the basis of the foregoing findings of fact, and upon the entire
record in this case, the National Labor Relations Board hereby orders
that the petition herein be, and it hereby is, dismissed.
I Matter of Ray-Lyon Co , Inc., 83 N. L. R B 487, and case cited therein.
84 N. L. R. B., No. 3.
23