Cousins Tractor Co.

National Labor Relations Board - Board DecisionsFeb 19, 1947

72 N.L.R.B. 857 (N.L.R.B. 1947)

In the Matter of COUSINS TRACTOR COMPANY, EMPLOYER and INTER- NATIONAL ASSOCIATION OF MACHINISTS, LODGE 139, PETITIONER Case No. Â°1-R-3433.Decided February 19, 1947 Mr. Philip M. Wagy, of Bakersfield, Calif., for the Employer. Mr. E. R. White, of Los Angeles, Calif., for the Petitioner. Mr. Jerome A. Reiner, of counsel to the Board. DECISION AND ORDER Upon a petition duly filed, hearing in this case was held at Bakers- field, California, on October 29, 1946, before James A. Cobey, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 0 1. THE BUSINESS OF THE EMPLOYER Cousins Tractor Company, a California corporation, has its prin- cipal place of business at Hanford, California, where it operates an exclusive sales and service agency for Buick automobiles, caterpillar tractors, and other farm machinery and equipment. The Employer also operates exclusive sales and service agencies at Bakersfield and Wasco, California, which together are known as the Kern County Division. In 1945, the Employer made purchases exceeding $1,000,000 and made sales and rendered services exceeding $1,600,000. The Kern County Division accounted for approximately $950,000 of the sales and services. Approximately 70 percent of the Employer's total pur- chases, including those for the Kern County Division, were of equip- ment and other materials obtained outside the State of California. All of the Employer's sales and services were made and rendered within the State. 72 N. L. R. B., No. 141. 857 858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD While we do not agree with the Employer that its operations are unrelated to commerce , we do not believe that it will effectuate the policies of the Act to assume jurisdiction in this case . Accordingly, we shall dismiss the petition herein. ORDER The National Labor Relations Board hereby orders that the peti- tion for investigation and certification of representatives of employees of Cousins Tractor Company , Bakersfield and Wasco , California, filed by International Association of Machinists , Lodge 139, be, and it hereby is , dismissed. - MR. JOHN M. HOUSTON took no part in the consideration of the above Decision and Order. 0