Federal Dairy Co., Inc.

In the Matter of FEDERAL DAIRY Co., INC., EMPLOYER and B AIiERY AND FOOD DRIVERS, WAREHOUSEMEN AND HELPERS LOCAL UNION #64, INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, PETITIONER Case No. 1-RC-1546.-Decided October 3, 1950 DECISION AND ORDER Upon a petition duly filed, a hearing, was held before Robert S. Fuchs, 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 Employer is a Rhode Island corporation maintaining its prin- cipal office and place of business at Providence, Rhode Island. It is engaged in the processing, sale, and distribution of milk and milk products and in the manufacture and sale of ice cream mix at both .wholesale and retail. During the preceding year, the Employer pur- chased raw materials, equipment, and supplies in the amount of $500,000. It purchases its milk from farmers in the States of Rhode Island and Connecticut and from a milk depot in the State of New York. All of its milk is transported to its plant by its own tank trucks. Eighty percent, or approximately $400,000, of its milk re- quirements and all of its equipment and supplies are secured directly from sources outside the State of Rhode Island. During the same period, the Employer's sales amounted to $1,000,- 000, all of which were made within the State of Rhode Island. There is nothing in the record to indicate that any portion of such sales is made to concerns engaged in interstate commerce. The Board has decided not to assert jurisdiction in this case. This is an essentially local operation, which affects commerce only by way of direct inflow. In the past, we have concluded that, in cases of this kind, an interruption of such inflow by a labor dispute-though the volume of out-of-State purchases be substantial-would not be likely to have a sufficient impact upon interstate commerce to justify an already burdened Federal Board in expending time, energy, and public funds. In the light of more than 3 years' experience under the amended Act and the Board's current budget and case load, we 91 NLRB No. 107. 638 FEDERAL DAIRY Co.; NC. 639 noty conclude that, although it would effectuate the policies of the statute to assert jurisdiction in cases of this kind where the direct inflow is substantial, due regard for these factors requires that we continue to. decline jurisdiction where the direct inflow is less than $500,000 in value annually. Because the Employer's direct inflow .is below the minimum standard that the Board has adopted for cases in which that factor is determinative, we shall not assert jurisdiction in this case. Accordingly, we shall dismiss the petition herein. ORDER Upon the entire record in this case, the National Labor Relations Board hereby orders that the petition filed herein be, and the same hereby is, dismissed.