Sawyer Machine Works

National Labor Relations Board - Board Decisions

Dec 8, 1950

92 N.L.R.B. 580 (N.L.R.B. 1950)

In the Matter of SAWYER MACHINE WORKS, EMPLOYER and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS LODGE No. 1311 (INDEPENDENT),
PETITIONER
Case No. 36-RC-413. Decided December 8,1950
DECISION AND ORDER
Upon a petition duly filed, a hearing was held before Howard A.
McIntyre, 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 Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Reynolds and Murdock].
Upon the entire record in this case, the Board finds :
The Employer operates a machine shop in Eugene, Oregon, em-
ploying some eight machinists. It manufactures, on order pieces of
lumber and sawmill equipment and machinery and does a substantial
servicing and repair business. In 1949, the Employer purchased raw
materials, amounting to some $75,000, 93 percent of which originated
outside the State but bought from local distributors, and total re-
ceipts in that period amounted to $198,000, of which 2.6 percent was
derived from direct interstate sales. The evidence also shows that
some $38,300 in revenue was derived from firms who sell goods valued
at $25,000 or more outside the State. The Employer contends that it
is not engaged in commerce within the meaning of the Act. In the
case of Hollow Tree Lumber Company,' recently issued, we held that
we will assert jurisdiction where the Employer sells goods or services,
valued at $50,000 or more necessary to the operation of enterprises
which in turn produce goods, valued at $25,000 or more for shipment
outside the State. As the record fails to show that the Employer
rendered services, in value of $50,000 to such firms, we conclude that
although the Employer's operations affect commerce, it would not
effectuate the policies of the Act to assert jurisdiction herein. Ac-
cordingly, we shall dismiss the petition 2
ORDER
IT IS HEREBY ORDERED that the petition be, and it hereby is, dismissed.
191 NLRB 635.
2 Cf. Geo. Myrmo and Sons Machine Shop, 92 NLRB No. 104.
92 NLRB No. 103.
580