Nacogdoches County Lumber Co.

In the Matter of NACOGDOCIIES COUNTY LUMBER COMPANY, EMPLOYER and INTERNATIONAL WOODWORKERS OF AMERICA, CIO, PETITIONER Case No. 16-RC-401.-Decided October 6, 1949 DECISION AND ORDER Upon a petition duly filed, a hearing was held before Joseph A. Jenkins, 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 [Chairman Herzog and Members Houston and Gray]. Upon the entire record in this case, the Board finds : The Employer, a Texas corporation, owns and operates a sawmill and planing mill at Nacogdoches, Texas. In 1948, the Employer purchased between $100,000 and $200,000 worth of timber and logs, all of which was grown within the State of Texas. Purchases of other supplies from outside the State during this period, including planer blades, belts, saws, and greases, amounted to approximately 7 percent of the total amount of supplies purchased. During the same year, the Employer's sales totaled $602,382.37, all of which were within the State of Texas. During the first 6 months of 1949, the Employer purchased approximately $90,000 worth of timber and logs, all of which was grown in the State of Texas. Purchases of some 4.4 per- cent of other supplies were made outside the State during this period. In the same 6 months, sales were $374,131.39, of which $7,645.77 was sold outside the State. These out-of-State sales resulted when the Employer's kiln was destroyed which necessitated the production of low grade lumber that could not be sold in the usual market. Since the kiln has been replaced, such sales outside the State have been dis- continued. Approximately 95 percent of the Employer's shipments are made in its own trucks. The record discloses that these trucks do not cross State lines. The balance of the shipments are made by rail. 86 N. L. R. B., No. 54. 410 NACOGDOCHES COUNTY LUMBER COMPANY 411 The Employer asserts that it is not engaged in commerce within the meaning of the Act. While we do not find that the operations of the Employer are unrelated to commerce, we find that the Employ- er's activities are local in character, and that it would not effectuate the. policies of the Act to assert jurisdiction in this case., Accord- ingly, 'we shall dismiss,the petition.2 ORDER IT IS HEREBY ORDERED that the petition herein be, and it hereby is, dismissed. 1 Matter of J. E. Stone Lumber Company, 78 N. L. R. B. 627 ; Matter of Pacific Slope Lumber Company, 80 N. L. R. B. 1310. 2 As we are dismissing the petition for reasons stated above , we find it unnecessary to consider other issues raised by the parties.