Crown Sign and Construction Co.

CROWN SIGN AND. CONSTRUCTION COMPANY 843 BEN H. CHRISTOPHER, D/B/A CROWN SIGN AND CONSTRUCTION COM- PANY, AND CROWN SERVICE STATION EQUIPMENT COMPANY' and LOCAL UNION 539 OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES AND CANADA, AFL, PETITIONER. Case No_ 18-RC-1403. June 20, 1952 Decision and Order Upon a petition duly filed under Section 9, (c) of the National Labor Relations Act, a hearing was held before Erwin A. Peterson, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.2 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 Houston and Murdock]. Upon the entire record in this case, the Board finds : The Crown Sign and Construction Company, an enterprise wholly owned by Ben H. Christopher, installs equipment consisting of pumps, air compressors, hoists, and greasing assemblies, at gasoline service stations in the vicinity of Minneapolis and Duluth, Minnesota. It also installs sign poles, oil rack display cabinets, sidewalk signs, and building signs at the stations. Almost all the station equipment and the advertising material which the Employer installs are owned by the oil companies whose products are sold by the operators of the filling stations. The Crown Sign and Construction Company renders the bulk of its services directly to the oil companies. The value of such services ranges from about $85,000 to $130,000+ annually. Only $3,000 worth of the services are rendered outside the State of Minnesota. About 80 percent of the total services is rendered to Cities Service Co., Standard Oil Company, Skelly Oil Company, Pure Oil Company, Socony Vacuum, and Phillips Petroleum Company. The Crown Service Equipment Company, also wholly owned by Ben H. Christopher, is engaged almost exclusively in the sale of car- load lots of gasoline pumps to the Cities Service Company. The pumps are obtained from an undisclosed source outside the State. Annual sales for the last 2 years have averaged $40,000 a year. The total amount of pumps shipped to points outside the State has not exceeded $6,000 worth in any year. ' The Employer's name appears in the caption as amended at the hearing. Local 9,77, Petroleum. Automobile Service and Parking Lot Employees Union, AFL, was permitted to intervene because of a contract interest. There is, however, no contract bar issue. 99 NLRB No. 133. 844 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD Although the oil companies, to which most of the Employer's services are rendered and almost all of its sales are made, are multi- state operations, the record does not demonstrate that any of the service stations for which the gasoline pumps are furnished or instal- lation services performed sell goods out of the State of Minnesota in the amount of $25,000 annually. On the basis of the above facts and on the record as a whole, we find that the operations of this Employer do not meet any of the applicable standards set up by the Board to determine the assertion of jurisdiction 3 Accordingly, although the Employer does not contest our jurisdiction, we find that it will not effectuate the policies.of the Act to assert it in this case, and we shall dismiss the petition herein. Order IT IS HEREBY ORDERED that the petition herein be, and it hereby is, dismissed. 3 Redfern Sausage company, 98 NLRB 8. SUN VALLEY Bus LINES, INC.' and AMALGAMATED ASSOCIATION OF STREET, ELECTRIC RAILWAY AND MOTOR COACH EMPLOYEES OF AMERICA, DIVISION 1223, PETITIONER SUN VALLEY BUS LINES, INC.' and SALES DRIVERS & HELPERS, LOCAL UNION No. 274, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, A. F. OF L., PETITIONER SUN VALLEY Bus LINES , INC1 and INTERNATIONAL ASSOCIATION OF MACHINISTS , DISTRICT LODGE No. 49, PETITIONER. Cases No8. 21-RC-2460, 21-RC-, 461, and 21-RC-2476. June 20, 1952 Decision and Direction of Elections Upon separate petitions duly filed, a consolidated hearing was held before Martin Zimring, 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 National Labor Relations Act, the Board has delegated its powers in connection with these cases to a three-member panel [Members Houston, Styles, and Peterson]. Upon the entire record in these cases, the Board finds : I The name of the Employer appears as amended at the hearing. 99 NLRB No. 134.