May Potato Chip Co.

In the Matter Of MAY POTATO CHIP COMPANY, EMPLOYER and LOCAL UNION No. 383, BAKERY AND CONFECTIONERY WORKERS' INTERNA- TIONAL UNION OF AMERICA, AFL, PETITIONER Case No. 17-RC-479.-Decided September 28, 1949 DECISION AND ORDER Upon a petition duly filed, a hearing was held before Charles F. McCoy, hearing officer. 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 1 finds : The Employer, a partnership, maintains its principal office and place of business at Kansas City, Missouri, where it is engaged in the manufacture and sale of potato chips. During the 12-month period preceding the date of the hearing, the Employer purchased raw materials, such as potatoes, oil, and salt, valued in excess of $50,000, of which less than 5 percent was shipped to its plant from points out- side the State of Missouri. During the same period, the Employer sold potato chips valued in excess of $100,000, of which only 10 percent was delivered to points outside the State of Missouri. The Employer contends, contrary to the Petitioner's argument, that it is not engaged in commerce within the meaning of the National Labor Relations Act. Although we do not find that the Employer's operations are unrelated to 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 facts, and upon the entire record in the case, the National Labor Relations Board hereby orders that the petition for investigation and certification filed herein be, and it hereby is, dismissed. i 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]. 2 See Matter of Steel Fabricating and Machinery Company, Inc., 85 N. L. R. B. 678; Matter of Herold & Sons, Inc., 82 N. L. R. B. 174. 86 N. L. It. B., No. 32. 191