Snohomish County Building Material Association

National Labor Relations Board - Board Decisions

Nov 10, 1950

92 N.L.R.B. 39 (N.L.R.B. 1950)

In the Matter of SNOHOMISH COUNTY BUILDING MATERIAL ASSOCIA-
TION, EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS,
DISTRICT LODGE No. 69, INDEPENDENT, PETITIONER
Case No. 19-RC-602.-Decided November 10, 1950
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Robert E. Tillman,
hearing officer. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. For the
reasons given below, the motion to dismiss the petition, made by the
Intervenor, General Teamsters, Chauffeurs, Warehousemen and
Helpers Union, Local No. 38, AFL, is hereby granted.
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 Reynolds].
Upon the entire record in this case, the Board.finds:
1. The Employer is an association of five building material dealers 1
in Snohomish County, Washington. During the fiscal year 1949, the
Employer's members purchased about $1,816,000 worth of materials
and supplies, of which about $124,860 represents purchases shipped
directly to the members from out-of-State sources. Approximately
$449,000 represents local purchases of goods which originated outside
the State. All sales were local.
We find that the Employer's operations affect commerce within the
meaning of the Act. However, as the value of the material coining
from out-of-State sources does not meet the requirements for the asser-
tion of Board jurisdiction, we find, in accordance with recently an-
nounced policy,2 that it will not effectuate the policies of the Act to
assert jurisdiction in this case. We shall therefore dismiss the petition.
ORDER
IT IS HEREBY ORLwRED that the petition filed herein be, and it hereby
is, dismissed.
3 Two members of the Employer also conduct other kinds of operations : Association Sand
& Gravel, Co. is engaged in heavy construction and road building , and Marysville Transfer
Company does intrastate freight hauling under an Interstate Commerce Commission permit.
The two companies are members of the Employer only for the purpose of bargaining
collectively for those of their employees who work in their building materials operations.
2 Federal Dairy Co ., Inc., 91 NLRB 638; Dorn's House of Miracles , Inc., 91 NLRB 632 ;
The Rutledge Paper Products Co., Inc., 91 NLRB 625.
92 NLRB No. 10. 29