88 N.L.R.B. 920 (N.L.R.B. 1950)

Valley Concrete Pipe & Products Co.

National Labor Relations Board - Board DecisionsMar 7, 1950

88 N.L.R.B. 920 (N.L.R.B. 1950)

In the Matter Of VALLEY CONCRETE PIPE & PRODUCTS COMPANY, EM- PLOYER and OPERATING ENGINEERS, LOCAL UNION No. 3, AFFILIATED WITH INTERNATIONAL UNION OF OPERATING ENGINEERS, A. F. L., PETITIONER Case No. 20-RC-773.-Decided March 7,1950 DECISION AND ORDER Upon a petition duly filed, a hearing was held before Rocco C. Siciliano, 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 Reynolds]. Upon the entire record in this case, the Board finds : THE BUSINESS OF THE EMPLOYER Valley Concrete Pipe & Products Company, a California corpora- tion, is engaged in the manufacture and sale of concrete pipe and cement products, which are used principally for irrigation and sewer purposes. It maintains offices and plants at Chico and Yuba City, California, and a retail outlet at Redding, California. During the past year, the Employer purchased within California cement, sand, and gravel valued at approximately $328,873. During the same period, the Employer purchased within California machinery parts, steel wire, and fabricated steel valued at approximately $30,000. The Employer made no out-of-State purchases during this period. Also during the same period, the Employer sold finished products valued at approximately $635,452. Of these, products valued, at ap- proximately $22,000 were sold to Nevada and Oregon contractors. While we do not agree with the Employer that its operations are wholly unrelated to commerce, we believe that it would not effectuate the policies of the Act to assert jurisdiction in this case because of the 88 NLRB No. 179. 920 VALLEY CONCRETE PIPE & PRODUCTS COMPANY 921 essentially local character of the Employer's operations .' Accord- ingly, we shall dismiss the petition. ORDER IT IS HEREBY ORDERED that the petition herein be, and it hereby is, dismissed. ' Miller Concrete Pipe Co ., Inc., 83 NLRB 673; Makins Sand & Gravel Co., Inc., 85 NLRB 213; Louisville Crushed Stone Company, 85 NLRB 511 ; Transit -Mix Concrete Company, Inc., 85 NLRB 661; Standard Concrete Pipe Company, 88 NLRB 163. See Edgar P. Poise, Inc.; 86 NLRB 394.