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V. JURISDICTION 81 and outgoing interstate calls. The Court, basing its decision on the authority of the Daniel Ball case,3 said : The respondent, insofar as'it uses its lines to effect transmission of interstate communication, thereby becomes an instrument of such commerce. In this respect it occupies no different position than any local transmission agency that may use its facilities as a link for the transportation of goods in interstate commerce. Public utilities of moderate dimensions.—Another important development has been the extension of the Consolidated Edison 4 doctrine to public utilities of moderate dimensions serving relatively small communities and fewer and smaller interstate industries. In N. L. R. B. v. Gulf Public Service Company, 116 F. (2d) 852 (C. C. A. 5), the respondent contended that its business was largely intrastate and that disturbances of its business would have but little direct effect upon interstate commerce. The Company purchased relatively small amounts of materials from out of the state, about $65,000 worth annually, and the services which it supplied to agencies doing interstate business were relatively unimportant, compared with the services supplied by the Consolidated Edison Co. The Court, however, pointed out that the magnitude of the enterprise is not controlling .' and if labor troubles might reasonably be said to have the effect of directly interfering with the free flow of commerce, the Board's jurisdiction attaches.5 The doctrine of de minimis.—The doctrine enunciated by the Supreme Court in the Fain,blatt decision,6 that the Act applies where interstate operations exceed the doctrine of de minimis, received illumination in the Suburban Lumber decision, supra, where the Court declared : De minimis in the law has always been taken to mean trifles—amounts of a few dollars or less. Here, the Suburban's interstate purchases in a year when the retail lumber business was at its nadir amounted to $150,000. Such a sum surely cannot be considered in the category of de minimis. Even if the maxim were to be applied to the very small lumber dealer, Suburban would be outside the application, for Suburban is the average size of the lumber dealer in its vicinity. A local unit of an interstate business not separable where all operations are integrated.—Elaboration of the principle, 7 that where the business as a whole is subject to the Act the employees may not be departmentalized in a manner to remove some of them from the protection of the Act, took place in Virginia Electric and Power Company v. N. L. R. B., 115 F. (2d) 414 (C. C. A. 4) , and Schmidt Baking Company, supra. In the Virginia Electric case the company contended that its artificial gas manufacturing and street railway departments were local in character and therefore outside the Board's jurisdiction, although the company admitted being subject to the Act with respect to its electric operations. The Court rejected the contention and declared : A sufficient answer to this position is the unitary character of the company's business, which has resulted, notwithstanding the division into these depart- The Daniel Ball, 77 U. S. 557. 'Consolidated Edson CO. V. N. L. R. B., 305 II. S. 197. To the same effect is Pueblo Gas d Fuel Company V. N. L. R. B., 118 F. (2d) 304 (C. C. A. 10). N. L. R. B. v. Fainbiatt. 306 71. S. 601. 607. 7 Established in System Federation No. 40 V. Virginian Ru. (.Yo., 300 U. S. 515.
82 SIXTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD ments, in the organization of a single association of its employees. It is clear that wage controversies or unfair labor practices in any department of such a business will have repercussions in other departments ; and strife affecting the interstate commerce in which the company is engaged ill be avoided only If the rights of all employees are properly safeguarded. In the Schmidt Baking Company decision the same Court applied this principle to a chain baking company which was operated as a unit. The Court said : The operation of the Baltimore plant may not fairly be treated as an enterprise separate and apart from the other two plants owned and operated by the employer. The three plants are not run as separate enterprises, but as part of a single enterprise controlled and directed by the officers of the baking company in Baltimore ; and it is not denied that interstate shipments of materials and supplies took place between the plants, and substantial quantities of the finished products of the Cumberland and Martinsburg plants were shipped and sold in interstate commerce.
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SIXTH ANNUAL REPORT OF THE NATIONAL
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NATIONAL LABOR RELATIONS BOARD WILL
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TABLE OF CONTENTS Chapter Page I. A
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SIXTH ANNUAL REPORT OF THE NATIONAL
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I. A SUMMARY 3 In dealing with disp
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I. A SUMMARY 5 report is used as a
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ClIAPTE11 It THE NATIONAL LABOR REL
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II. THE NATIONAL LABOR RELATIONS ;
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III. STATISTICAL RECORD OF BOARD AC
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Ill. ,STATISTICAL RECORD OF BOARD A
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Metal mining Coal mining Crude petr
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TABLE 1 1.-Number of cases and numb
Page 38 and 39: Cases closed otherwise Cases closed
Page 40 and 41: Cases closed by compliance with int
Page 42 and 43: By consent election By pay-roll che
Page 44 and 45: TABLE 19.-Number of elections and p
Page 46 and 47: C. I. 0. alone I A. F. L:C. I. 0 2
Page 48 and 49: IV. PRINCIPLES ESTABLISHED 41 in wh
Page 50 and 51: IV. PRINCIPLES 'ESTABLISHED 43 of o
Page 52 and 53: IV. PRINCIPLES ESTABLISIEIED 45 B.
Page 54 and 55: IV. PRINCIPLES ESTABLISHED 47 Whene
Page 56 and 57: 1V.. PRINCIPLES ESTABLISHED 49 of t
Page 58 and 59: IV. PRINCIPLES ESTABLISHED 51 agree
Page 60 and 61: IV. PRINCIPLES ESTAISLISUEL-ED 53 A
Page 62 and 63: IV. PRINCIPLES 'ESTABLISHED 55 I. I
Page 64 and 65: IV. PRINCIPLES ESTABLIS'HED 57 dict
Page 66 and 67: IV. PRE\rCIPLES ESTABLISHED 59 the
Page 68 and 69: IV. PRINCIPLES 'ESTABLISHED 61 vote
Page 70 and 71: IV. PRINCIPLES ESTABLISHED 63 G. TH
Page 72 and 73: IV. PRINCIPLES ESTABLISHED 65 ees a
Page 74 and 75: ni. PRINCIPLES ESTABLISHED 67 4. MU
Page 76 and 77: IV. PRINCIPLES ESTABLISHED 69 pursu
Page 78 and 79: IV. PRINCIPLES ESTABLISHED 71 not b
Page 80 and 81: IV. PRINCIPLES ESTABLISHED 73 ORDER
Page 82 and 83: IV. PRINCIPLES VSTABLISHED 75 the r
Page 84 and 85: I V. PRINCIPLES ESTABLISHED 77 more
Page 86 and 87: IV. PRINCIPLES ESTABLISHED 79 emplo
Page 90 and 91: CHAPTER VI LITIGATION A decided inc
Page 92 and 93: VI. LITIGATION 85 parties constitut
Page 94 and 95: • VI. LITIGATION 87 B. PRINCIPLES
Page 96 and 97: VI. LITIGATION 89 Antiunion stateme
Page 98 and 99: VI. LITIGATION 91 when none is in e
Page 100 and 101: VI. LITIGATION 93 flict of opinion
Page 102 and 103: VI. LITIGATION 95 Lion. The Board's
Page 104 and 105: VI. LITIGATION 97 Court ruled that
Page 106 and 107: VI. LITIGATION 99 rial ; 32 to refu
Page 108 and 109: VI. LITIGATION 101 Other procedural
Page 110 and 111: VI. LITIGATION 103 D. SPECIAL LITIG
Page 112 and 113: VI. LITIGATION 105 B. APPLICATION O
Page 114 and 115: APPENDIX A REGIONAL OFFICES—LOCAT
Page 116 and 117: APPENDIX A Region 11, Architects In
Page 118 and 119: APPENDIX B CASES HEARD DURING THE F
Page 120 and 121: APPENDIX B 113 Jackson Cookie Co.,
Page 122 and 123: APPENDIX B 115 Western Printing Co.
Page 124 and 125: APPENDIX B 117 Chrysler Corporation
Page 126 and 127: APPENDIX B 119 Hardy Mfg. Co., owne
Page 128 and 129: APPENDIX B 121 Missouri Rolling Mil
Page 130 and 131: APPENDIX B 123 Selznick Internation
Page 132 and 133: APPENDIX B 125 Westinghouse Electri
Page 134 and 135: APPENDIX C 127 Vol. No. Fletcher Pa
Page 136 and 137: APPENDIX C 129 Vol. No. Texarkana B
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APPENDIX C 131 Vol. No. Sanderson,
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APPENDIX c 133 Vol. No. Cambridge I
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APPENDIX C 135 Vol. No. Gliden Buic
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APPENDIX C 137 Vol. No. Lowenstein
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APPENDIX C 139 Vol. No. Radio Wire
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APPENDIX C 141 Vol. No. Universal P
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APPENDIX C 143 Vol. No. General Mot
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APPENDIX D 145 Valley Mould CC Iron
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APPENDIX D 147 (b) Board orders enf
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APPENDIX D 149 Circe-Simplex Corp.,
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APPENDIX D 151 Seventh Circuit B. Z
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APPENDIX D 153 Pacific Grape Produc
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APPENDIX D 155 Eighth Circuit N. L.
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