88 N.L.R.B. 736 (N.L.R.B. 1950)

Superior Stone Products, Inc.

National Labor Relations Board - Board DecisionsFeb 21, 1950

88 N.L.R.B. 736 (N.L.R.B. 1950)

In the Matter of SUPERIOR STONE PRODUCTS, INC., EMPLOYER and UNITED CEMENT, LIME, AND GYPSUM WORKERS INTERNATIONAL UNION, AFL, PETITIONER Case No. 16-RC-449.-Decided February 21, 1950 DECISION AND ORDER Upon a petition duly filed, a hearing was held before James R. Webster, 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 Houston and Reynolds]. Upon the entire record in this case, the Board finds : The business of the Employer The Employer is a Texas corporation engaged in quarrying, proc- essing, and selling crushed limestone. During 1949 it purchased supplies consisting of explosives and oil products, valued at approxi- mately $8,000. All purchases were made within the State of Texas. In 1948 and 1949, the Employer installed new capital equipment at a cost of about $200,000, of which $33,500 represented equipment pur- chased outside the State. The Employer's total sales in 1949 amounted to $25,000, of which approximately 10 percent was shipped directly out of the State. The remaining 90 percent was sold to eight firms within the State. The Employer contends that it is not engaged in commerce within the meaning of the Act. While we do not find that the operations of the Employer are unrelated to commerce, we are of the opinion that these operations are essentially local in character and the effect on interstate commerce is so insubstantial that to assert jurisdiction in this case would not effectuate the policies of the Act? Accordingly, we shall dismiss the petition. 'The Southern Company, 82 NLRB 1388 ; Hartman Concrete Materials Company, 82 NLRB 1223; D'Hanis Brick & Tile Company, 81 NLRB 1159. 88 NLRB No.. 149. 736 SUPERIOR STONE PRODUCTS, INC . 737 ORDER IT IS HEREBY ORDERED that the petition filed herein be, and it hereby is, dismissed.