Scott Construction Co., Inc.

In the Matter of Scorr CoxsTRucrloN Co., INC., EMPLOYER and LOCAL 39, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, PETITIONER Case No. 9-RU-83.8.-Decided October 13, 1950 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Harold V. Carey, 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 conection with this case to a three-member panel [Members Houston, Reynolds, and Styles]. Upon the entire record in this case, the Board finds : 1. The Employer supplies its only customer, Dayton Power & Light Company, a public utility over which the Board has asserted jurisdiction,2 with trucks and workers for electrical construction and maintenance work. The Employer's payrolls for the years ending September 30, 1947, 1948, and 1949, amounted, respectively, to $74,- 178.75, $89,881.95, and $75,690.51. At the hearing, the Employer's president estimated that its payroll for the year ending September 30, 1950, would amount approximately to a sum between $80,000 and $85,000. Under these circumstances, we infer and find that the services which the Employer furnishes to, and are necessary to the operation of, the Dayton Power & Light Company,.a public utility engaged in interstate commerce, have a value of at least $50,000 per year. We therefore find that the Employer is engaged in commerce within the meaning of the Act, and, in accord with our recently announced policy,3 that it will effectuate the policies of the Act to assert jurisdic- tion in this case. 2. The labor organization involved claims to represent certain employees of the Employer. ' The Employer's name appears herein as amended at the hearing. 2 See Dayton Power i Light Company, Washington Court House Branch, 43 NLRB 775. 3 Hollow Tree Lumber Company, 91 NLRB No. 113. 91 NLRB No. 154. 930 SCOTT CONSTRUCTION CO., INC . 931 3. A question affecting commerce exists concerning representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All employees at Xenia and Wilmington, Ohio, excluding office and clerical employees, guards, and foremen and other supervisors. [Text of Direction of Election omitted from publication in this volume.] 917572-51-vol. 91-60