Screw Machine Products Co.

National Labor Relations Board - Board Decisions

Jul 11, 1949

85 N.L.R.B. 129 (N.L.R.B. 1949)

In the Matter of C. A. BRAUKMAN AND LUCILE A. BRAUKMAN, D/B/A
SCREW MACHINE PRODUCTS COMPANY, EMPLOYER and INTERNA-
TIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 1, PETITIONER
Case No. 30-RC-107.-Decided July 11, 1949
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held at Denver,
Colorado, on April 18, 1949, before Clyde F. Wears, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the Board finds :
The business of the Employer
C. A. Braukman and Lucile A. Braukman, a partnership doing
business as Screw Machine Products Company, operate a machine
shop at Denver, Colorado. The Employer makes, on order, small
machine parts for its customers."
The Board recently declined to assert jurisdiction over the Employ-
er's operations.2 The Petitioner is now seeking a reconsideration of
the jurisdictional issue, in connection with which it adduced the fol-
lowing supplemental data.
During the first 11 months of 1948, the Employer's total purchases
of tools and supplies were valued at approximately $5,380, of which
approximately $1,597 represented shipments to the Employer from
points outside Colorado.
The principal raw materials used by the Employer are steel, brass,
and aluminum. During 1947 and 1948, the Employer purchased raw
materials valued, respectively, at approximately $29,692 and $21,759;
' Items produced by the Employer are used by its customers in their own production and
assemblies . Examples of such items are : parts for gun sights ; parts for fishing reels .
and rods ; parts for camera photo flood synchronizing devices ; pipe and hose joints and
fittings ; rivets ; bits for horse harnesses ; screws ; knobs ; and cams. See Matter of Screw
Machine Products Company, 79 N. L. R. B. 980.
2 Matter of Screw Machine Products Company, supra , decided September 24, 1948.
85 N. L . R. B., No. 20.
129
130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of these, materials valued, respectively, at approximately $19,644 and
$9,850 were shipped to the Employer from points outside Colorado.
During the first 11 months of 1948, the Employer sold finished prod-
ucts valued at approximately $85,673; of these products valued at
approximately $2,115 were shipped to points outside Colorado.3
Although it now appears that the Employer's operations are not
Wholly unrelated to commerce, we again conclude that it would not
effectuate the policies of the Act to assert jurisdiction because of the
essentially local character of the operations. Accordingly, we shall
dismiss the petition.
ORDER
IT IS HEREBY ORDERED that the petition be, and it hereby is, dismissed.
CHAIRMAN HERZOG and MEMBER REYNOLDS, dissenting:
Upon the facts brought forth in the reopened record, we would
assert jurisdiction in this case. Here, as in the Tower case (7-RC-
455) decided this day), the Company is engaged in manufacturing
machine parts. Its products are sold, in the substantial amounts dis-
closed in footnote 3 of the majority opinion, to other companies that
incorporate them into their own products which are then shipped to
points outside the State of Colorado. We do not think that such
operations are "essentially local," or that the Board should extend
the use of that term to enterprises of this character.
8 During 1947 and 1948, the Employer sold finished products valued at more than $100,000
to Colorado customers who, in turn , incorporated such items in their own production.
More than 50 percent of such production by the Employer ' s customers was shipped to
points outside Colorado.
The records of the Board show that the Board has asserted jurisdiction over 10 of the
36 firms cited at the hearing as "included among" the Employer ' s customers.