Lacey Milling Co.

In the Matter of LACEY MILLING COMPANY and GENERAL TEAMSTERS UNION, LOCAL No. 87, A. F. OF L. Case No. R-41895.-Decided March 31, 1943 Jurisdiction : policies of the Act will not be effectuated by asserting jurisdiction over a grain-mill products manufacturer whose operations although-not wholly unrelated to commerce, were essentially local in character. Mr. Roger, R. Walch, of Hanford, Calif., for the Company. Mr. James F. Galliano, of Oakland, Calif., for the Union. Mr. William C. Baisinger, Jr., of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a petition duly filed by General Teamsters Union, Local No. 87, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Lacey Milling Company, Hanford, California, herein called the Company, the National 'Labor Relations Board provided 'for an appropriate hearing upon due notice before Gerald P. Leicht, Trial Examiner. The hearing was held at Hanford, California, on Febru- ary 11, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing upon the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The Company and the Union filed briefs which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Lacey Milling Company is a California corporation with its prin- cipal office and place of business at Hanford, California, and with branch plants at Fresno and Bakersfield, California. The Company 48 N. L. R. B., No. 103. 914 LACEY MILLING COMPANY 915 is engaged in the manufacture and sale of flour, feeds, and sundry grains. The overwhelming bulk of the raw materials used by the Company, consisting of wheat, barley, and milo grain, are raised by local farmers,in the vicinity of the mill and all of the Company's products are,:consumed by local- customers within the State of California. While-we do not find that the operations of the Company are wholly unrelated to commerce, in view of the essentially local character of the Company's business, we 'do not believe that the policies of the Act will be effectuated by asserting jurisdiction in this case. Accordingly, we shall dismiss the petition. ORDER Upon the basis of the foregoing findings of 'fact and pursuant- to Section 9 (c) of the National Labor Relations Act, the' National Labor Relations Board hereby orders that the petition for investiga- tion and certification of representatives of employees of Lacey Milling Company, Hanfofd, California, filed by General Teamsters Union, Local No. 87, A. F. of L., be, and the same hereby is, dismissed. 521247-43-vol. 48-59