Reiley's Stores, Inc.

National Labor Relations Board - Board Decisions

Sep 27, 1951

96 N.L.R.B. 516 (N.L.R.B. 1951)

516 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
conditions of employment, and if an understanding is reached, embody
such understanding in a signed agreement. The bargaining unit is :
All employees at the home office, excluding officers, division heads, field
representatives* in the life, accident, and health department and the invest=
ment department, adjusters, secretaries to the president, vice president,
secretary and/or senior assistant secretary, treasurer, secretary in the legal
department and all supervisory employees as defined in the Act.
All our employees are free to become or remain members of the above-named
union or any other labor organization. We will not discriminate in regard to
hire or tenure of employment or any term or condition of employment against
any employee because of his membership in or activity on behalf of any such
labor organization.
OLD LINE LIFE INSURANCE COMPANY of AMERICA,
Employer.
By --------------------------------------------------
(Representative) (Title
Dated--------------------
This notice must remain posted for 60 days from the date hereof, and must
not be altered, defaced, or covered by any other material.
REILEY'S STORES, INC. and LOCAL. 429, INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN 8-1 HELPERS OF AMERICA,
AFL, PETITIONER. Cases Nos. 4-RM-80 and 4-RC-1258. Septem-
ber 27,1951
1 Decision and Order
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act, a consolidated hearing was held before Harold X.
Summers, hearing officer. 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 Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Houston and Reynolds].
Upon the entire record in this case, the Board finds :
1. The labor organization involved claims to represent employees
of the Employer.
2. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
The Employer operates in the Commonwealth of Pennsylvania
three retail stores for the sale and servicing of electrical appliances.
During the 1950 calendar year, the Employer made purchases valued
at $353,951.60, of which $69,621.97 represented merchandise received
directly from outside the Commonwealth, and $2'74,829.63 repre-
sented merchandise which was received from sources inside, but which,
96 NLRB No. 75.
MALDEN ELECTRIC COMPANY 517
originated outside, the Commonwealth. During the same period, the
Employer's sales aggregated $462,523.28, all of which were made
locally.
Although the Employer's operations are not unrelated to commerce,
the interstate aspects of these operations are not of sufficient magni-
tude to justify the assertion of jurisdiction under the Board's recently
announced jurisdictional policy. Therefore, despite the desire of the
Employer and the Union that the Board assert jurisdiction, we shall
dismiss the petition.
Order
IT IS HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
1 Dorn's House of Miracles, Inc., 91 NLRB 632: Federal Dairy Co., Inc., 91 NLRB 638,
The Rutledge Paper Products Company, 91 NLRB 625.
Among the products sold by the Employer are those manufactured by Frigidaire Division,
General Motors Corporation, which is engaged in commerce within the meaning of the Act.
The Employer sells these products under a nonexclusive franchise agreement which it
has signed with a wholesaler of Frigidaire products. During 1950, the value of labor
and parts furnished by the Employer for the repair of Frigidaire products amounted to
approximately $51,000. A share of the parts and labor furnished was on account of a
1-year manufacturer's guarantee. The Employer receives a predetermined allowance
from Frigidaire for servicing the guarantee. But the Employer was unable to state what
part of the repair work was done for the manufacturer under the guarantee and what
part on account of appliance owners. Although the hearing officer said that he would
keep the record open for the receipt of additional information as to the breakdown of
repair services between those rendered under sales warranties and otherwise, the Employer
has not availed itself of this opportunity and has not furnished this information. Under
such circumstances, the Board has not considered possible services rendered to Frigidaire
in making its jurisdictional calculations. Cf., D. L. Dineen Sales d Service Corporation,
91 NLRB 1222. The Frigidaire franchise agreement for the sale of household appliances
does not of itself warrant the Board in asserting jurisdiction. Cf. Lamco Electric, 92
NLRB 191 ; The D. L. Dineen Sales f Service Corporation, supra.
MALDEN ELECTRIC COMPANY AND MALDEN AND MELROSE GAS LIGHT
COMPANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORK-
ERS, AFL, PETITIONER. Case No. 1-RC-9d310. September 27, 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 Torbert H. MacDonald, hear-
ing officer. 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 Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Houston and Reynolds].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
96 NLRB No. 72.
974176-52-vol. 96--34