Clay Electric Cooperative, Inc.

CEMENT TRANSPORT INC. 175 CLAY ELECTRIC COOPERATIVE, INC. and LOCAL UNION 702, INTERNA- TIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, PETITIONER. Case No. 14-RC-2463. January 10, 1955 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Walter A. Werner, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.' The Employer is an "REA" cooperative, which purchases electricity for resale only to its members. It has its headquarters in Flora, Illinois, and operates in six counties in Illinois. All electricity pur- chased by it, approximating $75,000 in value annually, is purchased from Central Illinois Public Service Company in Illinois. It also purchases about $20,000 worth of materials annually, of which about $10,000 worth is shipped directly from out-of-State, and about $4,000 worth is shipped indirectly from out-of-State. Its total sales are approximately $232,000 annually, all of which are made in Illinois to its members. "REA" cooperatives, like the Employer, are analogous to local public utilities for Board jurisdictional purposes. As the Employer's gross annual income amounts to less than $3,000,000, we find, for the reasons stated in The Greenwich Gas Company and Fuels, Incorpo- rated, 110 NLRB 564, that jurisdiction should not be asserted in this case. Accordingly, we shall dismiss the petition.2 [The Board dismissed the petition.] MEMBER PETERSON took no part in the consideration of the above Decision and Order. i The hearing officer reserved ruling for the Board on the admissibility of certain ex- hibits offered by the Petitioner in evidence These exhibits are hereby admitted in evidence. 2 Member Murdock has already dissented from the adoption of this standard in the Greenwich Gas case and its application in Southwest Mississippi Electric Power Associa- tion, 110 NLRB 1884. 111 NLRB No. 24. CEMENT TRANSPORT INC. and GENERAL DRIVERS, WAREHOUSEMEN, HELPERS, LOCAL UNION #89, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, AFL,' PETITIONER. Case No. 9-RC-2318. January 10, 1955 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National La- bor Relations Act, a hearing was held before Thomas M. Sheeran, 1 The Petitioner's name appears as amended at the hearing. 111 NLRB No. 23.