TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Jurischaton of the Board 29
of its clelical employees, as an integral part of its international and on
the basis of the inteinational's annual inflow in excess of $100,000
fican its affiliated locals in vanous States 45 And in several other
cases, it dealt with the application of the indnect outflow standard,
the application of standards to newly formed enteiprises, and the
selection of the applicable standard for an integt ated nom etail-letail
ente" prise
a. Indirect Outflow Standard
Under the nonretail standard, the Board will assert juusdiction
ovei enteiplises which have $50,000 annual outflow ol inflow, dnect
01 inch' ect 47 India ect outflow includes sales within the State to
use's meeting any standard, except solely an indirect inflow or indirect
outflow standard
In one case," the Boind declaied that in proceeding under this
standa" d it is unnecessary to inqune into the natule of the goods oi
services finnished by the employe' to its customeDs and as to 'IA hethet
they aie utilized directly or indirectly in the goods or materials
mossing State lines The standard ""equiles that the employer's
oduct merely be used in the ope" ations of the interstate enterprise
" 49 Accoidingly, it held in asserting jurisdiction in that case
that it was immaterial whether or not dolomite limestone—mined,
sold, and spread by the employer as a soil conditioner in the State of
Floncla—became an ingredient in flints and pi oduce shipped outside
the State 5° In another case,51 a panel maJority 52 asserted jurisdiction
over a respondent on the basis of its indirect outflow, and held
that a credit arrangement of one of respondent's customers for the
billing of purchases through another company within the State, to
satisfy the credit requirements of the customer's out-of-State supplier,
did not make the interstate shipments to the customer "indirect"
"See Oregon Teamsters' Sem Ity Plan Office, dc, 119 NLRB 207 (1957) , Twenty-third
Annual Report (1958), pp 10 and 12
47 See Siemens Mailing Sc, vice, 122 NLRB Si (1958) , and Twenty-third Annual Report.
PS
Southern Dolomite, 129 NLRB 1342
"See also Whippany Motor Go, Inc , 115 NLRB 52 (1956), decided prior to the cm rent
standards
"The Board attached no significance to the fact that the emploi er's customer .; were
engaged in commerce by virtue of their interstate shipment of fruits and produce While
sec 2(3) excepts from the term "employee" any individual emplo yed as an agricultural
laborer, sec 2(6) does not except trade or tr tfilc in agricultural products from its definition
of "commerce"
Trettenero Sand d Gravel Go, 129 NLRB 610
52 Member Rodgers dissenting