86 N.L.R.B. 912 (N.L.R.B. 1949)

The Superior Baking Co.

National Labor Relations Board - Board DecisionsOct 27, 1949

86 N.L.R.B. 912 (N.L.R.B. 1949)

In the Matter of Louis F. MONSIMER D/B/A THE SUPERIOR BAKING COMPANY,, EMPLOYER and CHAUFFEURS, TEAMSTERS, AND HELPERS LOCAL UNION No. 492, AFL, PETITIONER In the Matter of Louis F . MONSIMER D/B/A THE SUPERIOR BAKING COMPANY,' EMPLOYER and BAKERY AND CONFECTIONERY WORKERS' INTERNATIONAL UNION OF AMERICA, LOCAL No. 351, AFL, PETITIONER Cases Nos. 33-RC-110 and 33-RC-111, respectively.Decided October 27, 1949 DECISION AND ORDER Upon petitions duly filed, a consolidated hearing was held before Charles Y. Latimer , 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 Murdock]. Upon the entire record in.this case, the National Labor Relations Board makes the following : FINDINGS OF FACT THE BUSINESS OF THE EMPLOYER The Employer operates a single bakery in Las Vegas, New Mexico, where it is engaged in producing bread, pastry, and allied products, and in distributing such products on a wholesale and retail basis. It has 12 employees. During the preceding 12 months, total purchases of flour, ingredients, and other supplies for the manufacture of the Em- ployer's finished products amounted to approximately $50,000, of which between 70 and 75 percent represented purchases from outside ' The name of the Employer appears as amended at the hearing. 86 N. L. R. B., No. 107. 912 THE SUPERIOR BAKING COMPANY 913 the State of New Mexico. All sales during this period were to cus- tomers located within the State of New Mexico. The Employer contends that its operations do not affect commerce within the meaning of the Act. Although we do not agree that the Employer's operations are wholly unrelated to commerce, we find, upon the record now before us, that these operations are essentially local and that it would not effectuate the policies of the Act to assert jurisdiction in this case.2 Accordingly, we shall dismiss the petitions. ORDER IT IS HEREBY ORDERED that the petitions herein be, and they hereby are, dismissed. 2 Matter of Fehr Baking Company, 79 N. L. R. B. 440 ; Matter of Sta-Kteen Bakery, Inc., 78 N. L. R. B. 798.