Justin A. Davis Furniture Manufacturing Co.

In the Matter of JUSTIN A. DAVIS FURNITURE MANUFACTURING COM- PANY, EMPLOYER and UNITED FURNITURE WORKERS OF AMERICA, LOCAL 576, CIO, PETITIONER Case No. 21-RC-1284.-Decided October 13,1950 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before James W. Cherry, Jr., 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 [Chairman Herzog and Members Murdock and Styles]. Upon the entire record in this case, the Board finds : 1. The Employer is a California corporation manufacturing un- painted utility clothing cabinets, utility kitchen stools, and tables at its plant at Los Angeles, California. Except for minor retail sales at the factory, the sales of the Employer are made at wholesale to department stores, second hand stores, swap shops, and unfinished furniture shops. For the Employer's fiscal year ending August 31, 1949, total sales were in the amount of $160,000 of which approxi- mately $4,000 were made to firms outside the State of California. During the same period the Employer purchased materials such as lumber, plywood, and hardware valued at $76,000 of which $47,500 was shipped directly from points outside the State of California. 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 unrelated to commerce, we' believe that, inasmuch as inflow from out of the State is less than $500,000, and its out-of- State sales are less than $25,000, it would not effectuate the policies of the Act for the Board to exercise jurisdiction in this case.,- Accord- ingly, we shall dismiss the petition herein. ORDER IT IS aEREBY ORDERED that the petition filed herein be, and it hereby is, dismissed. 'Cf. Stanislaus Implement and Hardware Company; -Limited, 91 NLRB 618; Federal Dairy Co., Inc., 91 NLRB 638; Rutledge Paper Products, Inc., 91 NLRB 625. 91 NLRB No. 151. 925