Dayson Bedding Co.

In the Matter of DAYSON BEDDING Co., EMPLOYER and AMERICAN FEDERATION OF LABOR, PETITIONER Case No. 1-RC-1619.--Decided October 4, 1950 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National 'Labor Relations Act, a hearing was held before Sam G. Zack, 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 Act, the Board has delegated its powers in connection with this case to a three- member panel [Members Houston, Reynolds, and Styles]. Upon the entire record in this case, the Board fords : 1. The Employer, a Maine corporation, is engaged in the manu- facture and sale of bedding and porch furniture. The Employer annually purchases raw materials, consisting primarily of steel, cot- ton waste, ticking, and lumber, valued at approximately $50,000, of which approximately 75 percent is received from points outside the State of Maine. The Employer's annual sales of finished products are valued at approximately $100,000, of which approximately 14 percent is shipped to points outside the State. Approximately 98 percent of its sales outlets are retail stores and 2 percent consist of sales to hotels and the Bangor and Aroostook Railroad. Although the operations of the Employer affect commerce within the meaning of the Act, the amount of the Employer's out-of-State sales, its sales to firms over whom the Board would assert jurisdic- tion, and its out-of-State purchases are, neither individually nor in combination, equal to that which the Board has recently stated to be the minimum required for exercising its discretion to assert juris- diction 1 Accordingly we find that it would not effectuate the policies of the Act to assert jurisdiction in this case, and we shall dismiss the petition. ORDER IT Is HEREBY ORDERED that the petition filed herein be, and it hereby is, dismissed. I Stan48laus Implement and Hardware Company, Ltd., 91 NLRB 618; Federal Dairy Co., Inc., 91 NLRB 638 ; Dorn's House of Miracles, Inc., 91 NLRB 632; Hollow Tree Lumber Company, 91 NLRB 635 ; The Rutledge Paper Products Co., 91 NLRB 625. 91 NLRB No. 117. 643 917572-51-vol. 91-42