Sun Photo Co.

National Labor Relations Board - Board Decisions

Oct 11, 1948

79 N.L.R.B. 1278 (N.L.R.B. 1948)

In the Matter of NICK PAPAS D/B/A SUN PHOTO COMPANY, EMPLOYER
and THE PORTRAIT AND COMMERCIAL PHOTOGRAPHERS AND PHOTO
FINISHERS UNION, No . 24244, AFL, PETITIONER
Case No. 21-RC-330.Decided October 11, 1948
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held before a
hearing officer of the National Labor Relations Board. At the hear-
ing, the Employer moved to dismiss the petition upon the ground
that it is not engaged in commerce within the meaning of the Act.
The hearing officer referred this motion to the Board. For reasons
stated hereinafter, the motion is granted. The hearing officer's rul-
ings 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-man panel consisting of the undersigned Board
Members.*
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
THE BUSINESS OF THE EMPLOYER
The Employer is engaged at Tucson, Arizona, in the operation of
a photo finishing service and a wholesale film, camera, and camera
supply business. The only employees involved in this proceeding
are 11 employees who are employed in the photo finishing service de-
partment. The wholesale film, camera, and camera supply business
is carried on exclusively by the assistant manager of the Employer and
a stenographer. The Employer purchased this business on January 1,
1948, at which time a stock inventory showed $5,800 worth of supplies
on hand, of which amount $5,400 represented photo finishing supplies.
* Chairman Herzog and Members Houston and Reynolds.
79 N. L. R. B., No. 174.
1278
SUN PHOTO COMPANY 1279
These supplies consist principally of chemicals and papers used in
the development and printing of roll film which belong to various
customers. Most of these supplies had been purchased locally.
During the period from January 1, 1948, to June 30, 1948, the
Employer purchased photo finishing supplies valued at approximately
$6,097, of which approximately $4,418 represented purchases outside
the State of Arizona. During the same period the Employer pur-
chased for its wholesale department, cameras, film, and camera sup-
plies, valued at approximately $11,990, of which approximately $11,039
represented purchases outside the State of Arizona. All the services
rendered by the photo service department, and all the supplies sold by
the wholesale department, were to customers inside the State of
Arizona.
Without deciding whether or not the Employer's operations affect
commerce within the meaning of the Act, we do not believe it would
effectuate the policies of the Act to assert jurisdiction in this case,
which involves a small enterprise local in character.' Accordingly, we
shall dismiss the petition herein.
ORDER
IT IS HEREBY oRDERED that the petition for investigation and certi-
fication of representatives of employees of Nick Papas, d/b/a Sun
Photo Company, Tucson, Arizona, filed herein by the Portrait and
Commercial Photographers and Photo Finishers Union No. 24244,
AFL, be, and it hereby is, dismissed.
1 Matter of Hom-Ond Food Stores, Inc., 77 N. L. R. B. 647 ; Matter of J. E. Stone Lumber
Company, 78 N. L. R. B. 627 ; Matter of Reading Preserving Co., Inc., 79 N. L. R. B. 46.