Salina Concrete Products, Inc.

National Labor Relations Board - Board Decisions

Jun 30, 1950

90 N.L.R.B. 677 (N.L.R.B. 1950)

In the Matter of SALINA CONCRETE PRODUCTS, INC., EMPLOYER and
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN & HELPERS OF AMERICA, CHAUFFEURS, TEAMSTERS &
HELPERS LOCAL 620, AFL, PETITIONER
Case No. 17-RC-683.-Decided June 30, 1950
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before William J. Scott, hear-
ing 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 Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Houston and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer, a Kansas corporation with its office and plant
at Salina, Kansas, is engaged in the production of ready-mix concrete,
concrete building blocks, concrete stave silos, and precast concrete
stone. The bulk of its products is delivered within the city limits
of Salina to local contractors for use in industrial and home construc-
tion.1 During 1949, the Employer purchased materials and machine
parts having a value of $285,755, of which amount $70,389.19 repre-
sents purchases from without the State. During the same period, the
Employer sold products valued at $535,468.86, of which amount
$29,383.58 represents sales of silos erected by the Employer outside the
State. In December 1949, finding the erection and sales of out-of-
State silos unprofitable, the Employer discontinued this operation.
The Employer has sold no products outside the State in 1950.
Under the circumstances, although we do not find that the Em-
ployer's operations are wholly unrelated to commerce, we believe they
are essentially local in character and that the assertion of jurisdiction
in this case would not effectuate the policies of the Act. We shall
therefore dismiss the petition.2
ORDER
IT IS HEREBY ORDERED that the petition herein be, and the same hereby
is, dismissed.
None of the Employer's products is used for the construction of Federal highways.
2 Makins Saeid d Grw el Co., Inc., 85 NLRB 213, and cases cited therein.
90 NLRB No. 108.
677