Cordele Sash, Door and Lumber Co.

In the Matter of CORDELE SASH, DOOR AND 'LUMBER COMPANY, EM- PLOYER and INTERNATIONAL WOODWORKERS OF AMERICA, CIO7 PETITIONER Case No. 10-RC-15.Decided September 10, 1948 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. Upon the entire record in this case, the Board makes the following: FINDINGS OF FACT . THE BUSINESS OF THE EMPLOYER The Employer operates a lumber business at Cordele, Georgia, com- prising an office, a lumber plant, and a retail store for the sale of lumber and hardware. For its lumber plant during the year 1947, the Employer purchased within the State logs costing $100,000, but purchased not outside the State. For its retail store during the same period, the Employer purchased goods costing $488,963, of which approximately 14 percent was purchased outside the State and 86 per- cent was purchased within the State. During the year 1947, the Em- ployer's sales amounted to $629,317, all of which were made within the State. The Employer is engaged essentially in the processing of lumber grown within the State, a purely local function. It sells its processed lumber as building materials through its retail store to local customers. Its processed lumber and other strictly local products comprise 86 percent of all goods sold in its retail store. During 1947, however, other goods valued at $68,455, approximately 14 percent of all goods sold at the retail store, were purchased outside the State. These, too, were sold entirely within Georgia. 79 N. L. R. B., No. 75. 578 CORDELE SASH , DOOR AND LUMBER COMPANY 579 In view of the entirely local character of the production operations with which the employees involved herein are concerned and the pre- dominantly local character even of the retail store operations, we be- lieve that it will not effectuate the policies of the Act to assert juris- idictiom in this- case. For this reason,- we shall •dismiss.,the petition 1 ORDER Upon the basis of the entire record in this case, the National Labor Relations Board` hereby orders that the petition filed in the instant matter be, and it hereby is, dismissed. MEMBERS REYNOLDS and GRAY, dissenting : The employees whom the Petitioner would represent are the produc- tion and maintenance workers of the Employer's lumber processing :operations, excluding the retail store employees.' We have repeatedly recognized the close interrelationship and dependence of integrated 'operations and have-repeatedly held that our jurisdiction does not rest upon the interstate character of the particular operations performed by employees in specific work categories covered by a charge or peti- tion. For this reason we do not agree with the Employer that its busi- ness operations do not "affect commerce" within the meaning of the Act. Consequently we find without merit the Employer's contention that the instant petition for investigation and certification of repre- sentatives for employees engaged in its lumber processing operations must be dismissed. Since we can see no real distinction between this case and Central Sash and Door Company, supra, and in view of the fact that the Em- ployer's operations are closely allied to the building and construction industry, over which the Board is asserting jurisdiction, we would assert jurisdiction and direct an election in the instant case. 3 we would distinguish the instant case from Matter of Central Sash and Door Company, 77 N. L. R. B. 418, on the facts of the two cases. In the instant case, it clearly appears that the Employer's purchase of materials outside the State is limited to goods intended for resale in its store . None of these materials are used in its lumber manufacturing operations. So far as the decision-in the Central Sash case indicates, the materials pur- chased outside the State were not limited :to those for resale in the store.