The Stille & Duhlmeier Co.

National Labor Relations Board - Board Decisions

Oct 12, 1950

91 N.L.R.B. 913 (N.L.R.B. 1950)

In the Matter of THE SrrILLE & DUHLMEIER COMPANY, EMPLOYER and
TRUCK DRIVERS, CHAUFFEURS AND HELPERS LOCAL UNION No. 100,
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN AND HELPERS OF AMERICA, PETITIONER
Case No. 9-RC-864.-Decided October 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 Seymour Goldstein, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
The Employer, an Ohio corporation engaged in the repair and retail
sale of furniture in Ohio, made purchases during 1949 amounting in
value to $124,700, of which $72,800 represented direct and $2,595 to
$5,190 indirect, inflow from out-of-State. Sales for the same period
amounted to $241,000 in value, of which $20,500 represented out-of-
State sales. As the Employer's interstate purchases and sales, con-
sidered individually or in combination, do not equal what the Board
has recently announced to be the minimum required for its assertion
of jurisdiction, we find that, while the Employer's operations affect
commerce within the meaning 'of the Act, it will not effectuate the
policies of the Act to assert jurisdiction in this case: Accordingly we
shall dismiss the petition.
ORDER
IT IS HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
MEMBERS HOUSTON and REYNOLDS took no part in the consideration
of the above Decision and Order.
' Cf. Stanislaus Implement and Hardware Company, Ltd ., 91 NLRB '618 ; Federal Dairy
Co., Inc., 91 NLRB 638; Dorn's House of Miracles , Inc., 91 NLRB 632; The Rutledge Paper
Products Co., 91 NLRB 625.
91 NLRB No. 148.
913
In the Matter of H. A. GILBERTSON , DIB/A GILBERTSON & SON, EM-
PLOYER and LOCAL 1119, UNITED ELECTRICAL , RADIO AND MACHINE
WORKERS OF AMERICA, PETITIONER
Case No. 13-RC-1286.-Decided October 12,1950
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Albert Gore , 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 Act, the Board
has delegated its powers in connection with this case to a three -member
panel [Chairman Herzog and Members Reynolds and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer , a sole proprietorship located in Chicago, Illinois,
is engaged in the business of electroplating various commodities with
precious metals. During the year 1949, the Employer's purchases of
raw materials were approximately $8,500 in value , of which approxi-
mately $1,000 represented direct shipments to the Employer 's place
of business from points located outside the State of Illinois . During
this period, the Employer' s sales were approximately $121,000 in
value, of which approximately $14,500 represented direct shipments
to customers located outside the State of Illinois.
In addition to its out-of-State customers , the Employer performs
necessary services valued at more than $50,000 per annum for enter-
prises which in turn produce or handle goods valued at $25,000 per
annum or more, destined for out-of-State shipment. We find that
the Employer is engaged in commerce within the meaning of the
National Labor Relations Act. For the reasons stated in the Hollow
Tree Lumber Company case,' and in accordance with the policy an-
nounced therein , we shall exercise jurisdiction in this proceeding.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
1 91 NLRB 635.
91 NLRB No. 147.
914
GILBERTSON & S!ON 915
4. In accordance with the stipulation of the parties, we find that
the following employees of the Employer constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act:
All production and maintenance employees at the Employer's
Chicago, Illinois, plant, excluding office clerical employees, foremen,
and supervisors as. defined in the Act.
[Text of Direction of Election omitted from publication in this
volume.]
917572-51-vol. 91-59