The Central Electric Supply Co.

National Labor Relations Board - Board Decisions

Nov 21, 1962

139 N.L.R.B. 1208 (N.L.R.B. 1962)

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.