Decorators, Inc.

In the Matter of DECORATORS, INC., EMPLOYER and UPHOLSTERERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL, LOCAL 21, PETITIONER Case No. 14-RC-493.-Decided March 15,1949 DECISION AND ORDER Upon a petition duly filed, the parties stipulated to a statement of facts in lieu of a formal hearing. Upon the entire record in this case, the Board 1 finds : The Employer, a service organization, fabricates upholstery and lays carpeting and linoleum. Its only plant is located in St. Louis, Missouri. The Employer's principal client is Stix, Baer, and Fuller, a department store, also located in St. Louis. Stix, Baer, and Fuller consigns merchandise which its patrons purchase at its store to the Employer for fabrication. According to the consignment, the Em- ployer fabricates the merchandise into slip covers or draperies, uphol- sters furniture, or cuts, binds, and lays carpeting or linoleum. The Employer is paid for its services by Stix, Baer, and Fuller. There is no corporate relationship between the two companies, and Stix, Baer, and Fuller does not appear to exercise any control over the operations of the Employer. The Employer is concededly an independent con- tractor. The Employer does not buy or sell merchandise. It does, however, provide findings such as thread, carpet binding, welting, webbing, and padding, 90 percent of which is purchased locally. During September and October, its first 2 months of operations, the Employer provided findings valued at approximately $925. During the same period the Employer performed services valued at approximately $37,000. Approximately 95 percent of all the services performed by the Em- ployer are performed within the State of Missouri. Approximately 1 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 the undersigned Board Members [Chairman Herzog and Members Reynolds and Gray]. 82 N. L. It. B., No. 7. 99 100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 95 percent of the merchandise serviced by the Employer is shipped to destinations within the State. As the nature of the Employer's operations is essentially local in character, we find that it will not effectuate the policies of the Act to assert jurisdiction in this proceeding. For this reason, we shall dis- miss the petition filed herein 2 ORDER IT Is HEREBY ORDERED that the petition filed in the instant matter be, and it hereby is, dismissed. 2 Matter of Detroit Canvas Manufacturers Association, 80 N. L. R. B. 267.