Yakima Cascade Fuel Co.

National Labor Relations Board - Board Decisions

Mar 25, 1960

126 N.L.R.B. 1316 (N.L.R.B. 1960)

1316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
eluding all other employees and supervisors as defined in the
Act.
CONVAIR-POMONA-A DIVISION OF CONVAIR,
A DIVISION OF GENERAL DYNAMICS,
Employer.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
Yakima Cascade Fuel Co ., et al. and Teamsters , Chauffeurs,
Warehousemen & Helpers, Local Union No. 524, Petitioner.
Case No. 19-RC-2506. March 25, 1960
DECISION AND ORDER
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. 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 Leedom and Members.
Rodgers and Jenkins].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization involved claims to represent employees
of the Employer.
3. No 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, for the following
reasons:
The Employer, primarily engaged in the retail sale of heating oils,
coal, and wood to homeowners, contends that the Board should not
assert jurisdiction herein. During the last fiscal year, the Employer
made direct and indirect out-of-State purchases amounting to
$109,549.13, and its total sales, all made within the State, amounted
to $153,921.27. Wholesale sales consisted only of $1,500 worth of
fuel sold to grocery stores in and near Yakima; $3,500 worth of fuel
sold to J. M. Perry Institute, a privately endowed school of tech-
126 NLRB No. 161.
RESERVATION FEED MILL 1317
nology; and $246.75 in sales to the United States Government, total-
ing $5,246.75, less than 4 percent of the Employer's entire business.
The remaining sales, amounting to $148,674.52, were retail sales.
It is the rule of the Board that where an employer is engaged in
retail and nonretail operations, the Board will apply nonretail juris-
diction standards to such combination enterprises, except in the case
where the nonretail aspect of the Employer's operations is clearly
de minimis' In the circumstances of the instant case, because the
Employer's nonretail business totaled only $5,246.75, less than 4 per-
cent of its total business, we find that the Employer's operations fall
within the de mivnimis exception to the Board's rule for combination
retail and nonretail enterprises. Accordingly, the commerce stand-
ards established by the Board for retail operations are applicable to
the Employer. As the Employer's operations do not meet the juris-
dictional standard for a retail business, we find that it will not effectu-
ate the purposes of the Act to assert jurisdiction herein 2 Accord-
ingly, we shall dismiss the petition.
[The Board dismissed the petition.]
i The T. H. Rogers Lumber Company, 117 NLRB 1732, 1733.
Carolina Supplies and Cement Co., 122 NLRB 88.
Wilbur K. Logan, d/b/a Reservation Feed Mill and Teamsters,
Chauffeurs, Warehousemen and Helpers , Local Union No. 524.
Cases Nos. 19-CA-1806 and 19-CA-1830. March 28, 1960
DECISION AND ORDER
On December 16, 1959, Trial Examiner Howard Myers issued his
Intermediate Report in the above-entitled proceeding, finding that
the Respondent had engaged in and was engaging in certain unfair
labor practices and recommending that it cease and desist therefrom
and take certain affirmative action, as set forth in the copy of the
Intermediate Report attached hereto. Thereafter, the Respondent
filed exceptions to the Intermediate Report with a supporting brief.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this proceeding to a three-
member panel [Chairman Leedom and Members Bean and Jenkins].
The Board has reviewed the rulings of the Trial Examiner made at
the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the exceptions and brief, and the entire record in this
126 NLRB No. 159.