Crown Sign and Construction Co.

National Labor Relations Board - Board Decisions

Jun 20, 1952

99 N.L.R.B. 843 (N.L.R.B. 1952)

CROWN SIGN AND. CONSTRUCTION COMPANY 843
BEN H . CHRISTOPHER, D/B/A CROWN SIGN AND CONSTRUCTION COM-
PANY, AND CROWN SERVICE STATION EQUIPMENT COMPANY' and
LOCAL UNION 539 OF THE UNITED ASSOCIATION OF JOURNEYMEN AND
APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF
THE UNITED STATES AND CANADA, AFL, PETITIONER. Case No_
18-RC-1403. June 20, 1952
Decision and Order
Upon a petition duly filed under Section 9, (c) of the National
Labor Relations Act, a hearing was held before Erwin A. Peterson,
hearing officer. 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 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 this case, the Board finds :
The Crown Sign and Construction Company, an enterprise wholly
owned by Ben H. Christopher, installs equipment consisting of pumps,
air compressors, hoists, and greasing assemblies, at gasoline service
stations in the vicinity of Minneapolis and Duluth, Minnesota. It
also installs sign poles, oil rack display cabinets, sidewalk signs, and
building signs at the stations. Almost all the station equipment
and the advertising material which the Employer installs are owned
by the oil companies whose products are sold by the operators of the
filling stations. The Crown Sign and Construction Company renders
the bulk of its services directly to the oil companies.
The value of such services ranges from about $85,000 to $130,000+
annually. Only $3,000 worth of the services are rendered outside the
State of Minnesota. About 80 percent of the total services is rendered
to Cities Service Co., Standard Oil Company, Skelly Oil Company,
Pure Oil Company, Socony Vacuum, and Phillips Petroleum
Company.
The Crown Service Equipment Company, also wholly owned by
Ben H. Christopher, is engaged almost exclusively in the sale of car-
load lots of gasoline pumps to the Cities Service Company. The
pumps are obtained from an undisclosed source outside the State.
Annual sales for the last 2 years have averaged $40,000 a year. The
total amount of pumps shipped to points outside the State has not
exceeded $6,000 worth in any year.
' The Employer's name appears in the caption as amended at the hearing.
Local 9,77, Petroleum. Automobile Service and Parking Lot Employees Union, AFL, was
permitted to intervene because of a contract interest. There is, however, no contract bar
issue.
99 NLRB No. 133.
844 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
Although the oil companies, to which most of the Employer's
services are rendered and almost all of its sales are made, are multi-
state operations, the record does not demonstrate that any of the
service stations for which the gasoline pumps are furnished or instal-
lation services performed sell goods out of the State of Minnesota
in the amount of $25,000 annually.
On the basis of the above facts and on the record as a whole, we
find that the operations of this Employer do not meet any of the
applicable standards set up by the Board to determine the assertion of
jurisdiction 3 Accordingly, although the Employer does not contest
our jurisdiction, we find that it will not effectuate the policies.of the
Act to assert it in this case, and we shall dismiss the petition herein.
Order
IT IS HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
3 Redfern Sausage company, 98 NLRB 8.
SUN VALLEY Bus LINES, INC.' and AMALGAMATED ASSOCIATION OF
STREET, ELECTRIC RAILWAY AND MOTOR COACH EMPLOYEES OF
AMERICA, DIVISION 1223, PETITIONER
SUN VALLEY BUS LINES, INC.' and SALES DRIVERS & HELPERS, LOCAL
UNION No. 274, INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, A. F. OF L.,
PETITIONER
SUN VALLEY Bus LINES , INC1 and INTERNATIONAL ASSOCIATION OF
MACHINISTS , DISTRICT LODGE No. 49, PETITIONER . Cases No8.
21-RC-2460, 21-RC-, 461, and 21-RC-2476. June 20, 1952
Decision and Direction of Elections
Upon separate petitions duly filed, a consolidated hearing was held
before Martin Zimring, 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 National Labor
Relations Act, the Board has delegated its powers in connection with
these cases to a three-member panel [Members Houston, Styles, and
Peterson].
Upon the entire record in these cases, the Board finds :
I The name of the Employer appears as amended at the hearing.
99 NLRB No. 134.