S & R Baking Co., Inc.

National Labor Relations Board - Board DecisionsJan 10, 1946

65 N.L.R.B. 351 (N.L.R.B. 1946)

In the Matter of S & R BAKING Co., INC. and BAKERY AND SALES DRIVERS' LOCAL 686, I. B. T. C. W. & H. or, A. (A. F. or L.) Case No. 1-R-J555.Decided January 10, 1946 Mr. Ernest R. D'Amours, of Manchester, N. H., for the Company. Mr. Emmett E. Cudahy, of Lawrence, Mass., for the Union. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a petition duly filed by Bakery and Sales Drivers' Local 686, I. B. T. C. W. & H. of A. (A. F. of L.), herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of S & R Baking Co., Inc., herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John W. Coddaire, Trial Examiner. The hearing was held at Manchester, New Hampshire, on August 27, 1945. The Company and the Union appeared and partici- pated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY S & R Baking Co., Inc., a New Hampshire corporation, is engaged in the baking and selling of bread and pastry in Manchester, New Hampshire, and vicinity. Notwithstanding the fact that a substantial portion of the Company's purchases of raw materials is obtained from points outside the State of New Hampshire 1 the Company's business, 1 During 1944 , the Company purchased for use at its bakery in Manchester , New Hamp- shire , raw materials valued at $ 138,075 .47, of which approximately 78 percent was ob- tained from points outside the State of New Hampshire. 65 N. L. R. B, No. 63. 679100-46-vol 65-24 351 352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD which is confined to customers residing within the State of New Hamp- shire, is essentially local in character. Aside from the issue as to whether the Company is subject to the jurisdiction of the Board, we are of the opinion that the effect of the Company's operations on inter- state commerce is so unsubstantial that to assert jurisdiction in this case would not effectuate the policies of the Act. Accordingly, we shall dismiss the petition. ORDER Upon the basis of the foregoing findings of fact and the entire record in the case, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives filed by Bakery and Sales Drivers Local 686, I. B. T. C. W. & H. of A. (A. F. of L.), be, and it hereby is, dismissed.