Skyline Cooperative Dairies

National Labor Relations Board - Board Decisions

Jun 1, 1949

83 N.L.R.B. 1010 (N.L.R.B. 1949)

In the Matter of SKYLINE CooPERATIvE DAIRIES, EMPLOYER and
CREAMERY WORKERS LOCAL UNION #55, INTERNATIONAL BROTHER-
HOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF
AMERICA, AFL, PETITIONER
Case No. 34-RC--115.-Decided June 1, 1949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing in this case 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Reynolds and Gray].
Upon the entire record in the case, the National Labor Relations
Board makes the following: ' ' ' }
FINDINGS OF FACT
THE BUSINESS OF THE EMPLOYER
The Employer is a North Carolina Cooperative owned by various
dairy farmers in and about Asheville, North Carolina. It is engaged
in the purchase, processing, and sale of milk and milk products. In
1948 it purchased materials and supplies worth $372,400.22 of which
$19,966.42 represents out-of-State purchases. Over 77 percent of the
Employer's total annual expenditure for materials and supplies con-
sist of its purchases of raw milk, mostly from local dairy farmers.
In 1948, $288,927.12 was spent for this item; of this amount only
$4,685.85 represented purchases outside the State. During the same
period the Employer bought capital equipment worth $32,830.72 of
which only $3,825.92 represents purchases made outside the State.
83 N. L. R. B., No. 144.
1010
SKYLINE COOPERATIVE DAIRIES 1011
The Employer's annual sales of $462,687.40 are all made within the
State. All but a negligible amount are to retail customers, restau-
rants, hotels, and hospitals.
Although we do not accept the Employer's contention that its opera-
tions do not affect commerce within the meaning of the Act, we believe,
that it would not effectuate the policies of the Act to assert jurisdiction
in this case.' Accordingly, we shall dismiss the petition herein.
ORDER
IT IS HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
'Matter of Creamland Dairies, Inc., 80 N. L. R. B. 106; Matter of Guilford Dairy
Cooperative Assn ., 81 N. L. R. B. 1334; Matter of Whiteway Pure Milk Company, 82
N. L. R B. 1225.