Eberhart-Conway Co.

In the Matter of EBERHART-CONWAY COMPANY, EMPLOYER and RETAIL, WHOLESALE & DEPARTMENT STORE UNION, CIO, PETITIONER Case No. 10-RC-513.Decided June 8, 1949 DECISION AND ORDER Upon an amended petition duly filed, a hearing was held before Leroy W. C. Mather, 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. 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]. Upon the entire record in this case, the Board finds : 1. The Employer, a Georgia corporation, is engaged in Atlanta, Georgia, in the manufacture of dental restoratory devices for members of the dental profession. During the year 1948, the Employer pur- chased supplies, raw materials, and equipment valued in excess of $25,000, of which approximately 33 percent was purchased outside the State of Georgia. During the same period the Employer sold products valued in excess of $100,000, of which approximately 50 percent was shipped to points outside the State of Georgia. The Employer does not admit that it is engaged in commerce within the meaning of the Act. While we do not find that operations of the Employer are unrelated to commerce, we are of the opinion 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 this case, the National Labor Relations Board hereby orders that the petition herein be, and it hereby is, dismissed. 3 Matter of Ray-Lyon Co. Inc, 83 N L. R B 487, and case cited therein. 84 N. L. R. B., No. 4. 24