Conlon Baking Co.

National Labor Relations Board - Board Decisions

Feb 23, 1949

81 N.L.R.B. 934 (N.L.R.B. 1949)

In the Matter Of CONLON BAKING COMPANY, EMPLOYER and CHAUF-
FEURS, TEAMSTERS & HELPERS , LOCAL UNION No. 175 OF THE INTER-
NATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSE-
MEN & HELPERS OF AMERICA, A. F. L., PETITIONER and UNITED CON-
STRUCTION WORKERS, UNITED MINE WORKERS OF AMERICA, UNION
Case No. 9-RD-34.-Decided February 23,1949
DECISION
AND
ORDER
Upon a decertification petition duly filed, a hearing was held before
a hearing officer of the National Labor Relations Board. The hear-
ing officer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
Upon the entire record in this case, the Board finds :
THE BUSINESS OF THE EMPLOYER
The Employer is a bakery which as its only plant at Charleston,
West Virginia, where it is engaged in the baking and wholesale dis-
tribution of bread, and the purchase and wholesale distribution of
other bakery products.
During the most recent 12-month period, the Employer's purchases
of raw materials and goods for resale exceeded $1,000,000, approxi-
mately 60 percent of which were used in the baking of bread. Ap-
proximately 70 percent of the total purchases (80 percent of the raw
materials and 50 percent of the goods for resale) were made outside
of West Virginia. The record is not explicit as to what proportion,
if any, of such out-of-State purchases were shipped to the Employer
directly across State lines. Included in the purchases made within
West Virginia is an unspecified amount of raw materials purchased
from local branch houses of national concerns.
The Employer also purchases, for use in its business, trucks, tires,
gasoline, and oil. All such purchases are made locally. The trucks
and tires are nationally known makes.
During the most recent 12-month period, the Employer's sales ex-
ceeded $1,500,000. All such sales were made to customers located
within West Virginia. All deliveries were made in the Employer's
81 N. L. R. B., No. 142.
934
CONLON BAKING COMPANY 935
trucks, which travel only within West Virginia, and do not have inter-
state licenses. Sales in the amount of approximately $500 per month
were made to each of three coal companies,:, and in the amount of
approximately $300 per month to the local hospital. The balance
of the sales are made to independent grocery stores, restaurants, and
a local hotel.
The Employer asserts that its operations do not affect commerce
within the meaning of the Act. While we do not agree with the
Employer's contention, we do not believe it would effectuate the poli-
cies of the Act to assert jurisdiction in this case, in view of the essen-
tially local nature of the Employer's operations. Accordingly, we
shall dismiss the petition 2 _
ORDER
IT IS HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
CHAIRMAN HE$ZOG took no part in the consideration of the above
Decision and Order.
1 The record does not reflect whether or not these coal companies are engaged in interstate
commerce.
2 Matter of Sta-Kleen Bakery, Inc., 78 N. L. R. B. 798. Members Houston and Reynolds
would assert jurisdiction in this case, but consider themselves bound by the decision in
the StmKleen case.