The Central Electric Supply Co.

1208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Central Electric Supply Co. and Local Union 111, Inter- national Brotherhood of Electrical Workers. Case No. A0-48. November 21, 19693 ADVISORY OPINION This is a petition filed by The Central Electric Supply Co., herein called the Employer, for an Advisory Opinion in conformity with Sections 102.98 and 102.99 of the Board's Rules and Regulations, Series 8, as amended. In pertinent part, the petition alleges as follows : 1. There is presently pending before the Industrial Commission of Colorado, State Capital Annex, Denver, Colorado, herein called the State Commission, a petition for an election among certain employees of the Employer. This representation petition had been filed by Local Union 111, International Brotherhood of Electrical Workers, herein called the Union, to determine a collective-bargaining unit as pro- vided by section 5 of the Colorado Labor Peace Act. 2. The Employer is a wholesale distributor of electric materials and equipment, located at 500 Quivas Street, Denver, Colorado. In the course of its business, the Employer has an annual inflow across State lines in the amount of more than $500,000. 3. The State commission has made no findings with respect to the aforesaid commerce data. 4. No representation or unfair labor practice proceeding involving the same labor dispute is pending before the Board. 5. No response as provided by the Board's Rules and Regulations has been filed by the Union or the State commission. On the basis of the above, the Board is of the opinion that : 1. The Employer is engaged at Denver, Colorado, in the business of wholesale distribution of electrical materials and equipment. 2. The current standard for the assertion of jurisdiction over non- retail enterprises which fall within the Board's statutory jurisdiction requires an annual minimum of $50,000 inflow or outflow across State lines, direct or indirect. Siemons Mailing Service, 122 NLRB 81. The Board's Siemons Mailing Service decision at page 85 defines "di- rect inflow" as "goods or services furnished directly to the employer from outside the State in which the employer is located," and "indirect inflow" is defined as "the purchase of goods or services which origi- nated outside the employer's State but which he purchased from a seller within the State who received such goods or services from out- side the State." 3. The Employer alleges that it has an annual inflow across State lines in excess of $500,000, but it does not indicate the nature of that 139 NLRB No. 103. WITHAM BUICK, INC. 1209 inflow. Assuming that such inflow constitutes either direct or indirect inflow as such terms are defined in Siemons Mailing Service, supra- an assumption which appears to be reasonable-the Employer's oper- ations herein would satisfy the Board's standard for the assertion of jurisdiction over nonretail enterprises. Accordingly, the parties are advised, under Section 102.103 of the Board's Rules and Regulations, Series 8, as amended, that, on the facts submitted and on the assumption hereinabove made, the Board would assert jurisdiction over the Employer's operations with respect to dis- putes cognizable under Sections 8, 9, and 10 of the Act. Witham Buick, Inc. and Local 470, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Independent. Case No. 4-CA-2574. November 23, 1962 DECISION AND ORDER On August 2,1962, Trial Examiner Jerry B. Stone issued his Inter- mediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Inter- mediate Report. Thereafter, the Respondent filed exceptions to the Intermediate Report and a supporting brief and the General Counsel filed a brief in support of the Intermediate Report. 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 Rodgers, Fanning, and Brown]. The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Inter- mediate Report and the entire record in the case, including the ex- ceptions and briefs, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner, except as noted below. ORDER The Board adopts as its Order the Recommended Order of the Trial Examiner.' 1 The notice appended to the Intermediate Report is hereby amended by deleting the phrase "This notice must remain posted for 60 days from the date hereof ," and substitut- ing therefor the phrase "This notice must remain posted for 60 consecutive days from the date of posting." 139 NLRB No. 101.