Mt. Vernon Auto Parts & Salvage Co.

National Labor Relations Board - Board DecisionsSep 20, 1949

86 N.L.R.B. 1 (N.L.R.B. 1949)

In the Matter Of SOL AND JEANNETTE GREENBERG D/f/A MT. VERNON AUTO PARTS & SALVAGE COMPANY EMPLOYER and SOUTHERN ILLI- NOIS DISTRICT COUNCIL, INTERNATIONAL HOD CARRIERS', BUILDING AND COMMON LABORERS' UNION OF AMERICA, AFL (FILED IN BEHALF OF LOCAL 1136, MT. VERNON, ILLINOIS), PETITIONER Case No. 14-RC-797.-Decided September 00, 1949 DECISION AND ORDER Upon a petition duly filed, a hearing was held before Milton O. Talent, 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 National Labor Relations Board has delegated its powers in connection with this case to a three-member panel [Chair- man Herzog and Members Houston and Gray]. Upon the entire record in this case, the Board finds : The Employer, with facilities at Mt. Vernon, Illinois, is engaged in the salvage and sale of parts from used automobiles and the sale of new and used automobile parts purchased from dealers. In 1948, the Employer purchased used cars, parts; and supplies worth approxi- mately $20,000. Of this total, less than $300 represents purchases directly from without the State. Six thousand dollars represents purchases of wrecked and junked automobiles almost entirely from individuals within the State. The record does not reveal what por- tion, if any, of the remaining purchases was originally acquired from without the State by suppliers of the Employer. In 1948 the Em- ployer sold new and used parts and accessories worth approximately $50,000. All the sales were made within the State. Ninety-five per- cent of the sales was made to private individuals, and the remainder to automobile dealers, scrap dealers, and garages. On the basis of the above facts, and upon the entire record of the case, it appears that although the Employers' operations are not wholly unrelated-to commerce, the Employer is engaged in operations 86 N. L. R. B., No. ]. I 2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD essentially local in character and that it will not effectuate the policies of the Act to assert jurisdiction in this case. We shall, therefore, dis- miss the petition.' ORDER IT Is HEREBY ORDERED that the petition herein be, and it hereby is, dismissed. 1 Matter of Auto Supply & Equipment Co., Inc., 85 N. L. R. B . 893, and cases cited.