Herold & Sons, Inc.

In the Matter of HEROLD & SONS, INC., EMPLOYER and FooD STORE EMPLOYEES UNION, LOCAL #347 AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, A. F. OF L., PETITIONER Case No. 9-RC-R94.-Decided March 16, 1949 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 finds : 1. The Employer, a West Virginia corporation, maintains its prin- cipal office and place of business at Huntington, West Virginia.' It is engaged in a wholesale and retail trade in poultry and eggs and in the processing of poultry for such trade. During the 10-month period ending October 31, 1948, purchases of poultry and eggs amounted to approximately $228,899.39 of which amount about 3 percent in value was obtained from sources outside the State of West Virginia 2 Dur- ing the same period, gross sales of poultry and eggs amounted to ap- proximately $264,043.79 of which amount $6,744.18 represents retail sales at the Employer's premises. Of the balance of $257,299.40 8 of gross sales at wholesale, $13,569.69, or approximately 5 percent, rep- resents the sale and delivery of merchandise by the Employer's truck to points outside the State of West Virginia. The Employer moved to dismiss the petition upon the ground that it was not engaged in commerce within the meaning of the Act. While we do not find that the operations of the Employer are unrelated to 'The city of Huntington is located in what is known as a "tri-state area," being near the States of Kentucky and Ohio. 2 The Employer estimated that less than 1 percent of the amount of goods purchased represents purchases made by the Employer at points outside the State of West Virginia and that about 2 percent represents purchases originating outside the State of West Virginia but brought by farmers from the surrounding area to the Employer's premises for sale. a The Employer's president estimated that less than 1 percent of gross sales represents sales to individuals who transport their purchases to points outside the State of West Virginia. 82 N. L. R. B., No. 14. 174 HEROLD & SONS , INC. 175 commerce, we believe that the effect of such operations on interstate commerce is so insubstantial that to assert jurisdiction in this case would not effectuate the policies of the Act. Accordingly, we shall dismiss the petition. ORDER Upon the basis of the foregoing findings of fact, and upon the entire record in the case, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of Herold & Sons, Inc., Huntington, West Virginia, filed herein by Food Store Employees Union, Local $347, Amalgamated Meat Cutters and Butcher Workmen of North America , A. F. of L., be, and it hereby is, dismissed. CHAIRMAN HERzoa took no part in the consideration of the above Decision and Order.