85 N.L.R.B. 678 (N.L.R.B. 1949)

Steel Fabricating and Machinery Co., Inc.

National Labor Relations Board - Board DecisionsAug 11, 1949

85 N.L.R.B. 678 (N.L.R.B. 1949)

In the Matter of STEEL FABRICATING AND MACHINERY COMPANY, INC.? EMPLOYER and SHOPMEN'S LOCAL UNION No. 539, INTERNATIONAL ASSOCIATION of. BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS, AFL, PETITIONER Case No. 10-RC--607.-Decided August 11, 1949 DECISION AND ORDER Upon a petition duly filed, a hearing was held before M. A. Prowell, 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 [Members Houston, Reynolds, and Murdock]. Upon the entire record in this case, the Board finds : 1. The Employer, an Alabama corporation, is engaged in the fabri- cation of steel bar joists and long span trusses from steel shapes, angles, rods, and channels at its plant located in Birmingham, Alabama. Operations were begun at the plant in February 1949, and in the following 5-month period the Employer purchased raw materials. valued at approximately $14,000, all of which were produced in the Birmingham area. During the same length of time, the Employer's total sales amounted to $23,000, of which approximately 11 percent was derived from products whose destination was outside the State of Alabama. The joists and trusses fabricated at the plant are used pri- marily in the construction of schools, churches, and commercial build- ings. All products are sold f. o. b. Birmingham. In view of the negligible amount of out-of-State sales and the en- tirely local origin of raw materials purchased by the Employer, we believe that the Employer's operations, while not wholly unrelated to. commerce, are nevertheless essentially local in character., Accord- ' See Matter of Makins Sand & Gravel Co., Inc., 85 N. L . R. B. 213. Matter of Advance Welding Works, 81 N. L. R. B. 199 and cases cited therein. 85 N. L. R. B., No. 120. 678 STEEL FABRICATING AND MACHINERY ' COMPANY, INC . 679 ingly, we find that the assertion of jurisdiction herein would not ef- fectuate the purposes of the Act, and we shall dismiss the petition. ORDER Upon the foregoing findings of fact and the entire record in this case, the National Labor Relations Board hereby orders that the peti- tion filed in the instant matter be, and it hereby is, dismissed.