Talley Neon Co.

National Labor Relations Board - Board Decisions

Aug 26, 1949

85 N.L.R.B. 890 (N.L.R.B. 1949)

In the Matter of C. O. TALLEY D/B/A TALLEY NEON COMPANY, EM-
PLOYER and LOCAL UNION #1563, INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, AFL, PETITIONER
Case No. 5-RC-308.-Decided August 26, 1949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before George L.
Weasler , 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 Gray].
Upon the entire record in this case, the Board finds :
1. The Employer is the sole owner and manager of an advertising
sign business, with 26 employees, in Richmond, Virginia.' During
1948 the Employer purchased materials and supplies worth approxi-
mately $60,000, of which $12,000 represents shipments from without
the State. During the same period the Employer sold products and
services worth approximately $190,000, none of which were sold out-
side the State and only a small portion of which were sold to firms
engaged in commerce.2
While_ we do not find that the operations of the Employer are un-
related to commerce, we believe that the Employer's operations are
essentially local and that the assertion of jurisdiction in this case
would not effectuate the policies of the Act.3 Accordingly, we shall
dismiss the petition.
ORDER
Upon the basis of the entire record in this case, the National Labor
Relations Board hereby orders that the petition herein be, and it
hereby is, dismissed.
I While the employer also has manufactured highway safety signs , the record reveals
that only one such sign was manufactured during 1948.
2 Not more than 15 of the Employer ' s 365 customers appear to be firms engaged in com-
merce. The record does not show the amount of sales to those firms.
"platter of Columbus Air Conditioning Corporation , 79 N. L. R. B. 1251 , and cases cited
therein.
85 N. L. R. B., No. 151.
890