Las Vegas Lumber Co.

In the Matter of LAS VEGAS LUMBER COMPANY, EMPLOYER and LOCAL UNION No. 492, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUF- FEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL; AND NEW MEXICO STATE COUNCIL OF LUMBER AND SAWMILL WORKERS, LOCAL UNION No. 2867, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AF L, PETITIONER I Case No. 83-RC-115.-Decided January 6, 1950 DECISION AND ORDER Upon a petition duly filed, a hearing in this case was held before Charles Y. Latimer, 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 the case, the Board makes the following : FINDINGS OF FACT THE BUSINESS OF THE EMPLOYER The Employer, incorporated under the laws of the State of New Mexico, is engaged in the retailing of lumber and building supplies in Las Vegas, New Mexico. It operates a retail lumber yard where it sells lumber in rough form or planed and cut. Adjacent thereto, it also operates a retail store in which it sells various building sup- plies. During the 12-month period ending September 1949, the Em- ployer made purchases of approximately $100,000, consisting of lumber, cement, paint, hardware, plaster, and other building materials. All of the lumber was purchased in the State of New Mexico. Of the other materials purchased, approximately $30,000 worth was ob- tained directly from sources outside the State. During this same period, the Employer's retail sales were approximately $200,000, all of which were made within the State. Without deciding whether the Employer's operations affect com- merce within the meaning of the Act, we believe that its operations are essentially local and that it would not effectuate the purposes and 88 NLRB No. 4. 9 10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD policies of the Act to assert jurisdiction in this case? Accordingly, we shall dismiss the petition herein. ORDER IT IS HEREBY ORDERED that the petition filed in the instant proceeding be, and it hereby is, dismissed. MEMBER REYNOLDS took no part in the consideration of the above Decision and Order. 1 See Making Sand and Gravel Co., 85 NLRB 213.