New England Tree Experts Associates, Inc.

} In the Matter of NEW ENGLAND TREE EXPERTS ASSOCIATES, INC.,' EMPLOYER and TREE 'SURGEONS, UTILITY LINE CLEARERS & ALLIED WORKERS, LOCAL 236, NATIONAL FARM LABOR UNION, AFL, PETITIONER Case No. 1-RC-946.-Decided June 20, 1949 DECISION AND ORDER Upon a petition duly filed, a hearing was held before Albert Allen, 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. 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 Reynolds and Gray]. Upon the entire record in this case, the Board -finds : THE BUSINESS OF THE EMPLOYER The Employer, which is engaged in the :trimming,' pruning, care, and upkeep of trees, started its business on March 16, 1948. During the 91/2 months of operation in 1948, it purchased supplies, consisting of nursery stock, fertilizer, spraying materials, and tools, valued at more than $2,100, all of which were obtained within the Common- wealth of Massachusetts. During the same period, its gross returns were approximately $44,500, of which about $36,000 represented work done on private, residential property, and the balance represented work done for public utility companies. The Employer clears the overhead lines of various Massachusetts utility companies, including the Boston Edison Company, New England Telephone and Telegraph Company, and Lynn Gas and Electric Company, by trimming and cutting trees located near these lines. All this work, as well as all work done for private customers, is performed within the Common- wealth of Massachusetts. ' The name of the Employer appears as amended at the hearing. 84 N. L. R. B., No. 49. 412 NEW ENGLAND TREE EXPERTS ASSOCIATES , INC. 413 The Employer contends that it is not engaged in commerce within the meaning of the Act. Without deciding whether or not the Em- ployer's operations affect interstate commerce , we find, for the reasons stated in Matter of New England Forestry Service, Inc.,2 that it would not effectuate the policies of the Act to assert jurisdiction in this case. We shall therefore dismiss the petition. ORDER IT IS HEREBY 'ORDERED that the petition filed herein be, and it hereby is, dismissed. 2 83 N. L. R. B. 1238. 853396-50-vol. 84-30