Tower Tool and Die Co.

In the Matter of TOWER TOOL AND DIE COMPANY, EMPLOYER and LOCAL 157, INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW-CIO, PETITIONER Case No. 7-RC-455--Decided July 11, 1949 DECISION AND ORDER Upon a petition duly filed, a hearing in this case was held at Detroit, Michigan, on April 20, 1949, before Jerome H. Brooks, hearing officer. The hearing officer's rulings made at the hearing are free from preju- dicial error and are. hereby affirmed. Upon the entire record in this case, the Board finds : The business of the Employer The Employer, a limited partnership with its principal place of busi- ness at Detroit, Michigan, is engaged in the manufacture of metal tools and dies. For the fiscal year ending June 30, 1948, the Employer pur- chased raw materials amounting to approximately $14,500 in value, all such purchases beingo made from suppliers- located at Detroit, Michigan. Over 95 percent of said materials was warehoused in Detroit for an indeterminate period of time before being delivered to the Employer's place of business, but over 75 percent of these materials was originally shipped from outside the State of Michigan to the sup- pliers' warehouses in Detroit. During the same period, the Employer sold tools and dies valued at approximately $56,000, of which approxi- mately 95 percent represented sales to Pryde Tool and Die Company, located in Detroit. Pryde Tool and Die Company in turn shipped all materials purchased from the Employer to concerns located outside the State of Michigan. The Employer contends that it is not engaged in commerce within the meaning of the Act. Without resolving that issue, we do not believe that it would effectuate the policies of the Act to assert jurisdic- tion in this case, because we think that the effect of the Employer's busi- 85 N. L. R. B., No. 19. 127 128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ness on interstate commerce is too remote. Accordingly, we shall dis- miss the petition.' ORDER IT IS HEREBY ORDERED that the petition be, and it hereby is, dismissed. CHAIRMAN HERZOG and MEMBER REYNOLDS, dissenting : We would exercise the Board's discretion by asserting jurisdiction here. This is a manufacturing operation as large as half of those in the United States,2 not a local service enterprise. The Company's product does not come to rest in Michigan. Almost all the tools and dies it manufactures are sold to the Pryde Company, which then ships everything purchased, valued at over $50,000 a year, to points outside the State. This seems to us too closely related to the direct flow of commerce for this Board to withhold its assistance from those who would invoke it. 1 Matter of C. A. Braukman and Lucille A. Braukman, a Partnership, d/b/a Screw Machine Products Company, 79 N. L. R. B. 980; Matter of Stacy M. Nickerson and Carl Wert hen, d/b/a National Tool Company, 78 N. L. R. B. 625. 2 U. S. Bureau of the Census. Manufactures : 1939, Vol. I, 1942, p. 182. 0