New England Tree Experts Associates, Inc.

National Labor Relations Board - Board Decisions

Jun 20, 1949

84 N.L.R.B. 412 (N.L.R.B. 1949)

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In the Matter of NEW ENGLAND TREE EXPERTS ASSOCIATES, INC.,'
EMPLOYER and TREE 'SURGEONS, UTILITY LINE CLEARERS & ALLIED
WORKERS, LOCAL 236, NATIONAL FARM LABOR UNION, AFL,
PETITIONER
Case No. 1-RC-946.-Decided June 20, 1949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before Albert Allen,
a 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.
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
Reynolds and Gray].
Upon the entire record in this case, the Board -finds :
THE BUSINESS OF THE EMPLOYER
The Employer, which is engaged in the :trimming,' pruning, care,
and upkeep of trees, started its business on March 16, 1948. During
the 91/2 months of operation in 1948, it purchased supplies, consisting
of nursery stock, fertilizer, spraying materials, and tools, valued at
more than $2,100, all of which were obtained within the Common-
wealth of Massachusetts. During the same period, its gross returns
were approximately $44,500, of which about $36,000 represented work
done on private, residential property, and the balance represented
work done for public utility companies. The Employer clears the
overhead lines of various Massachusetts utility companies, including
the Boston Edison Company, New England Telephone and Telegraph
Company, and Lynn Gas and Electric Company, by trimming and
cutting trees located near these lines. All this work, as well as all
work done for private customers, is performed within the Common-
wealth of Massachusetts.
' The name of the Employer appears as amended at the hearing.
84 N. L. R. B., No. 49.
412
NEW ENGLAND TREE EXPERTS ASSOCIATES , INC. 413
The Employer contends that it is not engaged in commerce within
the meaning of the Act. Without deciding whether or not the Em-
ployer's operations affect interstate commerce , we find, for the reasons
stated in Matter of New England Forestry Service, Inc.,2 that it would
not effectuate the policies of the Act to assert jurisdiction in this case.
We shall therefore dismiss the petition.
ORDER
IT IS HEREBY 'ORDERED that the petition filed herein be, and it hereby
is, dismissed.
2 83 N . L. R. B. 1238.
853396-50-vol. 84-30