Monroe Beer Distributors

In the Matter of NICK BELLINO D/B/A MONROE BEER DISTRIBUTORS, EMPLOYER and INTERNATIONAL UNION OF UNITED BREWERY, FLOUR, CEREAL, SOFT DRINK AND DISTILLERY WORKERS of AMERICA,, CIO, PETITIONER Case No. 7-RC-681.-Decided October 5, 1949 DECISION AND ORDER Upon a petition duly filed, a hearing was held before George A. Sweeney, 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 [Members Houston, Reynolds, and Murdock]. Upon the entire record in this case, the Board makes the following : FINDINGS OF FACT THE BUSINESS OF TIIE EMPLOYER The Employer is engaged in the wholesale distribution of beer, wine, and soft drinks. It operates its only business in Monroe, Michigan. During 1948, the Employer's total purchases amount to $471,000, of which only $7,000 in value was received directly from outside the State of Michigan. The remaining $464,000 represents purchases made from the Pfeiffer Brewing Company of Detroit, Michigan; it is conceded that this company is engaged in interstate commerce. The Employer's total sales for the same period amounted to $587,679, none of which was shipped to points outside the State of Michigan. The Employer took no stand as to whether or not it is engaged in commerce within the meaning of the Act. Although we do not find that the Employer's operations are wholly unrelated to commerce, we believe the assertion of jurisdiction in this case would not effectuate the policies of the Act. We shall, therefore, dismiss the petition? ORDER IT IS HEREBY ORDERED that the petition filed herein be, and it hereby is, dismissed. ' Cf. Matter of Virgil V. Voltz, d /b/a Golden Crust Bakery, 80 N. L. R. B. 762. 86 N. L. R. B., No. 50. 384