85 N.L.R.B. 661 (N.L.R.B. 1949)

Transit-Mix Concrete Co., Inc.

National Labor Relations Board - Board DecisionsAug 10, 1949

85 N.L.R.B. 661 (N.L.R.B. 1949)

In the Matter of TRANSIT-Mix CONCRETE COMPANY, INC.,' EMPLOYER and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL 71, A. F. OF L., PETITIONER Case No. 34-RC-145.Decided August 10, 1949 DECISION AND ORDER Upon a petition duly filed, a hearing was held before Miles J. Mc- Cormick, 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 [Members Reynolds, Murdock, and Gray]. Upon the entire record in this case, the Board finds : 1. The Employer, a North Carolina corporation, is engaged in the manufacture, sale, and distribution of ready mixed concrete. During the 10-month period following September 1948, when the Employer began its operations, it purchased more than 25,000 barrels of cement, valued at approximately $80,000, all of which were shipped to it from points outside the State. All other raw materials were obtained from sources within the State of North Carolina. The Employer purchased no capital equipment, but obtained such equipment by lease. During the same 10-month period, the Employer's sales of ready mixed con- crete, its only product, totaled approximately $100,000. All such sales were made to customers engaged in business within the State of North Carolina. Furthermore, all the concrete sold by the Employer was used locally. Although we do not find that the Employer's operations are wholly unrelated to commerce, we believe that its operations are essentially 1 The Employer's name appears as amended at the hearing. 85 N. L. R. B., No. 117. 661 662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD local in character and that their effect on interstate commerce is so remote and insubstantial that to assert jurisdiction in this case would not effectuate the policies of the Act.2 Accordingly, we shall dismiss the petition. ORDER It is ordered that the petition for investigation and certification of representatives of employees of Transit-Mix Concrete Company, Inc., filed herein by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 71, A. F. of L., be, and it hereby is, dismissed. 2 Matter of Makins Sand & Gravel Co., Inc., 85 N. L. R. B. 213.