Puritee Thermometer Co.

In the Matter of Louis L. KLAMKIN, D/B/A PIIRITEE THERMOMETER Co., EMPLOYER and THERMOMETER AND INSTRUMENT DIVISION, IN- TERNATIONAL BROTHERHOOD OF TEAMSTERS , LOCAL. 854, AFL, PETITIONER Case No. 2-RC-1410.-Decided November 15, 1949 DECISION AND ORDER - Upon a petition duly filed, a hearing was held before Jack Davis, 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 finds : The business of the Employer The Employer, an individual , is engaged in the manufacture of clinical thermometers for sale to wholesalers, jobbers, and distributors. Its plant in Brooklyn, New York, has 11 employees. During the past year, the Employer purchased raw materials consisting of glass and mercury, valued in excess of $50,000, of which approximately 5 per- cent ($2,500) came from points outside the State. During the same period the Employer sold finished products valued in excess of $190,- 000, shipping only approximately 5 percent ($9,500) to points outside the State. The record is silent as to the area covered by the whole- salers, jobbers, and distributors who make, local purchases. The Employer contends 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 wholly unrelated to commerce, we are of the opinion that the relationship is so insubstantial that to assert juris- diction in this case would not effectuate the policies of the Act.' Ac- cordingly, we will dismiss the petition. Gibson Paint Company, 85 NLRB 160; Asaar Company, Inc., 85 NLRB 1187; and see Nola Optical Company, 79 NLRB 1241. 87 NLRB No. 15. 47 48 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER Upon the basis of the foregoing findings of fact, and upon the entire record in the case, the National Labor Relations Board hereby orders that the petition herein be, and it hereby is, dismissed. MEMBER REYNOLDS took no part in the consideration of the above Decision and Order.