Miller Concrete Pipe Co., Inc.

In the Matter of MILLER CONCRETE PIPE Co., INC., EMPLOYER, and UNITED STONE & ALLIED PRODUCTS WORKERS OF AMERICA, CIO, PETITIONER Case No. 1O-RC-539.---Decided May 18,1949 DECISION AND ORDER Upon a petition duly filed, a hearing in this case was held at Val- dosta, Georgia, on March 31, 1949, -before Gilbert Cohen, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 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-member panel [Chairman Herzog and Members Houston and Gray]. The hearing officer referred to the Board a motion made by the Employer at the hearing to dismiss the petition for lack of jurisdiction. For the reasons hereinafter stated, the Employer's motion is granted. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Miller Concrete Pipe Co., Inc., is a Georgia corporation, incorpo- rated in January 1949. It is engaged at Valdosta, Georgia, in the manufacture and sale of concrete pipe 1 and cement products. The Employer purchased within Georgia all the machinery used in its business and valued at approximately $7,000.2 During the 3-month period commencing January 1, 1949, the Employer purchased within Georgia cement, sand, and stone, valued at approximately $13,286. During the same period, the Employer purchased steel, ' Concrete pipe is used for foundation piers in building construction. 2 During the first 3 months of 1949, the Employer purchased within Georgia replacement parts valued at approximately $ 849, and purchased outside the State replacement parts valued at approximately $555. 83 N. L. R. B., No. 102. 673 674 DECISIONS OF NATIONAL LABOR RELATIONS BOARD valued at approximately $5,200, which was shipped to the Employer from Alabama.8 4 Also during the same period, the Employer sold finished products valued at approximately $46,568. Of these, products valued at $44,535 were, sold to Georgia contractors, individuals, cities, and counties, and were shipped to points within Georgia; the balance, valued at $2,033, was shipped to points located within Florida. While we do not agree with the Employer that its operations are wholly unrelated to commerce, we believe that it would not effectuate the policies of the Act to assert jurisdiction in this case because of the essentially local character of the Employer's operations.4 Accord- ingly, we shall dismiss the Petition. ORDER IT Is HEREBY ORDERED that the petition herein be, and it hereby is. dismissed. 8 The Employer anticipates that its quarterly purchases of cement , sand, and stone during the balance of 1949 will continue in the same amounts as those made during the first quarter of the year. It anticipates, however, no additional purchases of steel before October 1949. 4 See Matter of Tampa Sand and Material Company, Inc., 78 N. L. R. B. 629 ; Matter of The Southern Company, 82 N. L. R. B., 1388.