Swoape Truck and Crane Service

National Labor Relations Board - Board DecisionsMay 18, 1949

83 N.L.R.B. 671 (N.L.R.B. 1949)

In the Matter Of WILLIAM RUSH SWOAPE D/B/A SWOAPE TRUCK AND CRANE SERVICE, EMPLOYER 1 and TEAMSTERS, CHAUFFEURS, WARE- HOUSEMEN & HELPERS LOCAL No. 87, PETITIONER Case No. 21-RC-671.Decided May 18,1949 DECISION AND ORDER Upon a petition duly filed, a hearing was held before Eugene M. Purver, hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog, and Members Houston and Murdock]. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER The Employer, an individual, is engaged in operating a truck and crane service, with his principal office and place of business at Bakers- field, California. His principal customers are drilling contractors, oil companies, and construction companies located within the State of California, for which he moves equipment in that State. The Em- ployer is licensed by the California Public Utilities Commission, and performs all his services within the State. During the calendar year preceding the hearing, the Employer purchased materials, equipment, and supplies valued at approximately $150,000. These purchases included a truck and crane valued at The name of the Employer appears in the caption as amended at the hearing. ' Local Lodge 139 of International Association of Machinists , herein called the Intervenor, moved to dismiss the petition herein on the ground , among others , that the Employer is not engaged in commerce within the meaning of the Act . For the reasons hereinafter set forth , we grant the motion to dismiss. We therefore find it unnecessary to pass upon the other grounds upon which the motion was based. 83 N. L. R. B., No. 101. 671 672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD $25,000,3 and gasoline and oil valued at $5,000. All the materials, supplies, and equipment were purchased from local distributors and suppliers located in the State of California. During the calendar year preceding the hearing, the Employer performed services valued at approximately $250,000, all within the State of California. We believe that this Employer's operations are essentially local in character, and that their effect on interstate commerce is so remote and insubstantial that to assert jurisdiction in this case would not effec- tuate the policies of the Act.' The Petition, therefore will be dismissed. ORDER IT IS HEREBY ORDERED that the petition for investigation and certifi- cation of representatives of employees of William Rush Swoape d/b/a Swoape Truck and Crane Service, Bakersfield, California, filed herein by Teamsters, Chauffeurs, Warehousemen & Helpers Local No. 87, be, and-it hereby is, dismissed. 3 The Employer stated that he did not expect to purchase any more cranes for the next 5 years. 4Matter of Richter Transfer Company, 80 N. L. R. B. 1246.