Warner Printing Co.

National Labor Relations Board - Board Decisions

Nov 5, 1948

80 N.L.R.B. 143 (N.L.R.B. 1948)

In the Matter of OTTO WARNER , D/B/A WARNER PRINTING COMPANY,1
EMPLOYER and Los ANGELES PRINTING PRESSMEN & ASSISTANTS,
UNION No. 78 , INTERNATIONAL P. P. & A. UNION, A. F. L.,
PETITIONER
Case No. 21-RC-4128.-Decided November 5, 1948
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held at Los
Angeles, California, on September 17,1948, before Eugene M. Purver,
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-man panel consisting of Chairman Herzog and
Members Houston and Murdock.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
THE BUSINESS OF THE EMPLOYER
The Employer is engaged in commercial printing with his only office
and plant in Los Angeles, California. During 1947, the value of the
Employer's sales amounted to approximately $150,000, all of which
was sold to local customers and delivered within the State of Cali-
fornia. During the same period, the Employer's purchases of sup-
plies and equipment, consisting chiefly of paper and ink, amounted to
over $100,000. All of the ink used by the Employer is produced in the
Los Angeles area. His paper supplies and equipment are purchased
through jobbers and through the local offices of the manufacturers. All
the paper, some of which is produced within the State, is supplied from
warehouses in the Los Angeles area . The Employer purchased
1 The name of the Employer appears in the caption as amended at the hearing.
80 N. L. R. B., No. 33.
143
144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
approximately $300 worth of equipment parts during the calendar year
preceding the hearing. All these parts were purchased from the local
offices of the manufacturers ; none of the parts was manufactured
within the State. Parts valued at approximately $20 were shipped
directly to the Employer from points outside the State.
The parties stipulated that over half the materials received from
suppliers' warehouses originates from points outside the State; and
that at least one-third of the Employer's customers sell to customers
outside the State.
The Employer questions whether he is engaged in commerce within
the meaning of the Act, as amended. While we do not find that the
operations of the Employer are wholly unrelated to commerce, we are
of the opinion that, as that relationship is remote and these operations
are essentially local in character, to assert jurisdiction in this case
would not effectuate the policies of the Act. The petition, therefore,
will be dismissed 2
ORDER
Upon the basis of the foregoing findings of fact, and upon the entire
record in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
of employees of Otto Warner, doing business as Warner Printing
Company, Los Angeles, California, filed herein by Los Angeles Print-
ing Pressmen & Assistants, Union No. 78, International P. P. & A.
Union, A. F. L., be, and it hereby is, dismissed.
2 After the close of the hearing, the Petitioner filed a brief in which it requested that if
the Board should find the record inadequate with respect to the commerce question, the
hearing be reopened so that the Petitioner might have "the benefit of the assistance of
legal counsel in developing the necessary data." We find the record adequate on this issue.
The Petitioner , furthermore , was given ample opportunity to present evidence at the hear-
ing. Its request is therefore denied.