Paul W. Speer, Inc.

National Labor Relations Board - Board Decisions

May 4, 1951

94 N.L.R.B. 317 (N.L.R.B. 1951)

PAUL W. SPEER, INC. 317
2. By discriminating in regard to the hire and tenure of employment of Earl
Strong, Orville Cave, Howal d Norris, and Robert W. Adams, thereby discouraging
membership in International Woodworkers of America, CIO, the Respondents
have engaged in and are engaging in unfair labor practices within the meaning
of Section 8 (a) (3) of the Act.
3 By interfering with, restraining, and coercing their employees in the exer-
cise of the rights guaranteed in Section 7 of the Act, the Respondents have
engaged in and are engaging in unfair labor practices within the meaning of
Section 8 (a) (1) of the Act.
4 The aforesaid unfair labor practices are unfair labor practices affecting
commerce within the meaning cf Section 2 (6) and (7) of the Act
[Recommended Order omitted from publication in this volume l
PAUL W. SPEER, INC. and PAUL ESPARZA
INTERNATIONAL HOD CARRIERS' AND Co I-^NIoi LABORERS' UNION OF
AMERICA, LOCAL 300, AFL, AND Los ANGELES BUILDING AND CON-
STRUCTION TRADES COUNCIL and PAUL ESPARZA . Cases Nos.
21-CA-844 and 21-CII-276. May 4, 1.951
Decision and Order Remanding Cases
On January 30, 1951, Trial Examiner James R. Hemingway dis-
missed from the bench the consolidated complaints in the above cases.
To the extent herein material, 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 Trial Examiner's order, the General Counsel's re-
quest for review, the Respondent Union's brief, and the applicable
portion of the record in these cases, and makes the following findings.
The Trial Examiner concluded that while the operations of Re-
spondent Speer' were substantial and not wholly unrelated to inter-
state commerce, it would not effectuate the policies of the Act to
assert jurisdiction. During 1950 Speer was engaged in construction
operations valued at $280,000 for General Paint Company, an inter-
state corporation selling more than $500,000 worth of goods out of
State. The Trial Examiner decided that this fact did not bring Re-
spondent Speer within the rule of the Hollow Tree 2 case, because the
enterprise was not "customarily or regularly furnishing goods or
services to a corporation engaged in interstate commerce."
We do not agree with the Trial Examiner that an employer must
ennstomnarily and regularly furnish goods to an interstate corporation
i At the hearing Paul W Speer, an individual, was joined as respondent
2 In Hollow Tree Lumber Company, 91 NLRB 635, the Board decided that it would assert
jurisdiction over any enteiprise which furnishes goods of services valued at $50,000 essen-
piosciihed bi the Act in the coarse of their employment Newspape,i and Mail Deliverers'
at $25,000
94 NLRB No. 59.
318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to come within the rule of the hollow Tree case. As the nature of a
contractor's business is generally sporadic, such a test would tend to
confuse application of the rules for asserting jurisdiction.
The Respondents contend that the Board should dismiss the com-
plaint because the alleged unfair labor practices occurred in connec-
tion with a purely local construction job, which, by itself, has no effect
on interstate commerce. We find no merit to this contention, as we
believe that in the construction industry, as in others,' the Board
should determine jurisdiction based on the over-all operations of the
employer.4
We accordingly find that Respondent Speer is engaged in com-
merce within the meaning of the Act, and that, because Respondent's
services to an interstate enterprise exceed the amount specified in the
Hollow Tree decision, it would effectuate the policies of the Act to
assert jurisdiction in order to resolve the substantive issues raised by
the complaints.
Order
IT IS HEREBY ORDERED that the order of the Trial Examiner dismiss-
ing the complaints be, and it hereby is, reversed; and
IT IS FURTHER ORDERED that the above-entitled Cases Nos. 21-CA-844
and 21-CB-276, be, and they hereby are, remanded to the Trial Ex-
aminer for appropriate action, including preparation and issuance of
an Intermediate Report, setting forth his findings of fact, conclusions
of law, and recommendations with respect to the unfair labor practices
alleged in the complaints.
3 Von's Grocery Company, 91 NLRB 504 ; Federal Stores Division of Spiegel, Inc., 91
NLRB 647.
4 West Virginia Electric Corporation, 90 NLRB 526 (to which Chairman Herzog and
Member Reynolds separately dissented) decided prior to the Hollow Tree case, is over-
ruled insofar as it is inconsistent with this decision.
LEHIGHTON FURNITURE CORPORATION 1 and UPHOLSTERERS ' INTERNA-
TIONAL UNION OF NORTH AMERICA, AFL, PETITIONER. Cage No.
4-RC-1019. May 4, 1951
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Harold Kowal, hear-
ing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
I The name of the Employer appears as amended at the hearing.
94 NLRB No. 58.