Tri-County Truck Stop

National Labor Relations Board - Board Decisions

Oct 10, 1962

139 N.L.R.B. 61 (N.L.R.B. 1962)

TRI-COUNTY TRUCK STOP 61
Upon the basis of the above findings of fact and upon the entire record in the case,
I make the following:
CONCLUSIONS OF LAW
1. The Company is engaged in commerce within the meaning of the Act.
2. Hoisting and Portable Engineers , Local No. 4, International Union of Oper-
ating Engineers , is a labor organization within the meaning of Section 2(5) of the Act.
3. The Company has not engaged in unfair labor practices within the meaning
of Section 8 ( a) (3 ) or (1) of the Act.
4. The Union has not engaged in unfair labor practices within the meaning of
Section 8 (b) (1).(A) or (2) of the Act.
RECOMMENDED ORDER
Upon the basis of the foregoing findings of fact and conclusions of law, and upon
the entire record in the case, I recommend that the complaint be dismissed in its
entirety.
Charles Faulkner d/b/a Tri -County Truck Stop and Melroy
Horn , as president, Edwin D . Dorsey, as secretary-treasurer,
Carl E. Gibbs , a business agent , as individuals and representa-
tives of that class of individuals associated together as Auto-
motive, Petroleum and Allied Industries Employees Union
Local 618 and ASA Studdard and R . 0. King. Case No. A0-46.
October 10, 196.
ADVISORY OPINION
This is a petition filed by Charles Faulkner d/b/a Tri-County
Truck Stop, herein called the Petitioner, for an Advisory Opinion in
conformity with Sections 102.98 and 102.99 of the Board's Rules and
Regulations, Series 8 , as amended.
In pertinent part, the petition alleges as follows :
1. On June 12, 1962, the Petitioner filed an injunction suit in the
Circuit Court of Franklin County, Franklin County, Missouri, against
Melroy Horn, as President, Edwin D. Dorsey, as Secretary-Treasurer,
Carl E. Gibbs, a Business Agent, as individuals and representatives of
that class of individuals associated together as Automotive, Petroleum
and Allied Industries Employees Union Local 618, a labor organiza-
tion within the meaning of the Act, herein called the Union, seeking to
enjoin the Union permanently from picketing or establishing a picket
line in front of the Petitioner's place of business.
2. On June 14, 1962, the Union filed a representation petition with
the Board's Fourteenth Regional Office (Case No. 14-RC-4342) claim-
ing to represent a unit of the Petitioner's service station employees.
Subsequently, the representation proceeding was withdrawn by the
Union when, at an informal conference, the Board's field examiner,
who investigated the petition, expressed the opinion that the Board
did not have jurisdiction.
3. The Petitioner is engaged in the business of selling, at retail,
gasoline, oils, fuels, and accessories to cars and trucks and his place of
139 NLRB No. 5.
62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
business is located on U.S. Highway 66, in the city of Sullivan, Frank-
lin County, Missouri. Dui ing the fiscal year ended July 31, 1962, the
Petitioner did a gross volume of business in the amount of $218,556.06.
4. No response to the petition herein as provided by the Board's
Rules and Regulations, Series 8, has been filed by the Union.
On the basis of the above, the Board is of the opinion that :
1. The Petitioner is a retail enterprise engaged in selling gasoline,
oils, fuels, and accessories to cars and trucks.
2. The Board's current standard for asserting jurisdiction over re-
tail enterprises within its statutory jurisdiction is a gross volume of
business of at least $500,000 per annum (Carolina Supplies and Ce-
ment Co., 122 NLRB 88). The Petitioner's gross volume of retail
business, $218,556.06, for the fiscal year ended July 31, 1962, does not
meet the retail standard for assertion of jurisdiction by the Board.
Accordingly, the parties are advised under Section 102.103 of the
Board's Rules and Regulations, Series 8, as amended, that the Board
would not assert jurisdiction over the Petitioner because the facts
submitted do not establish that his operations meet the Board's stand-
ard for asserting jurisdiction over retail enterprises.
MEMBER LEEDOM took no part in the consideration of the above Ad-
visory Opinion.
Southern Bakeries Company and American Bakery & Confec-
tionery Workers International Union, AFL-CIO, Local 482,
Petitioner . Case No. 12-RC-1451. October 10, 1962
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before M. E. Stadler,
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 McCulloch and Members Fanning and Brown].
Upon the entire record in this case, the " Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization named below claims to represent certain
employees 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.
4. At its plant at Jacksonville, Florida, involved herein, the Em-
ployer is engaged in the production and distribution of bakery prod-
139 NLRB No. 4.