National Labor Relations Board v. Mid-Co Gasoline Co.

• Decision Date: 17 July 1950
• Docket Number: No. 12522.,12522.
• Citation: 183 F.2d 451
• Parties: NATIONAL LABOR RELATIONS BOARD v. MID-CO GASOLINE CO.
• Court: U.S. Court of Appeals — Fifth Circuit

183 F.2d 451 (1950)

NATIONAL LABOR RELATIONS BOARD v. MID-CO GASOLINE CO.

No. 12522.

United States Court of Appeals Fifth Circuit.

July 17, 1950.

David P. Findling, Associate Gen. Counsel, N. L. R. B., A. Norman Somers, Asst. Gen. Counsel, N. L. R. B., Washington, D. C., Elmer Davis, Chief Law Officer, Fort Worth, Tex., for petitioner.

John M. Scott, Fort Worth, Tex., for respondent.

Before HUTCHESON, Chief Judge, and McCORD and WALLER, Circuit Judges.

HUTCHESON, Chief Judge.

Since, and pursuant to, the former opinion in this case,¹ the correct answers to the several questions therein propounded have been stipulated, supplemental findings and conclusions have been made by the Board, and its jurisdiction has been reaffirmed by it. Its conclusions in part are:

"We are here concerned with the effect of the Respondent's intrastate residue gas operations on interstate commerce, as defined by the Act. Under existing circumstances, a stoppage of the Respondent's gas production would directly and immediately increase over 5 percent the amount of gas needed by Lone Star from other sources for distribution to its Dallas consumers, including the Western Union Telegraph Co., certain interstate railroad carriers, and 12 named industrial users whose businesses affect commerce within the meaning of the Act. In view of the fact that the Respondent regularly supplies a portion of the gas used and needed by business affecting interstate commerce and that the Respondent's contribution to the supply enables these businesses to operate and function in their normal manner, we find that a labor dispute at the Respondent's plant would affect commerce.

"In determining whether or not this effect on commerce is substantial enough to warrant application of the Act, we have considered the fact that the Respondent's contribution to the total gas supply is relatively small. However, since under existing circumstances the Respondent's contribution, whether it be small or large, is necessary to fulfill the gas requirements of business affecting commerce, we find that the Respondent's business substantially affects commerce. In any event, the effect of the Respondent's unfair labor practices on interstate commerce `is not to be determined by confining judgment to the quantitative effect of the activities immediately before the Board. Appropriate for judgment is the fact that the immediate situation is representative of many others * * *, the total incidence of which, if left unchecked may well become far-reaching in its harm to commerce.' Polish Nat. Alliance of United States of North America v. N.L.R.B., 322 U.S. 643, 648, 64 S. Ct. 1196, 88 L.Ed. 1509.

"This principle is particularly applicable here, where we are seeking to protect business affecting interstate commerce from injury resulting from a stoppage or diminution of their normal gas requirements, which are satisfied by the pooling of gas from a number of suppliers. In our opinion, for purposes of the Act, it makes little difference whether, for physical or economic reasons, Lone Star obtains its gas from a number of different suppliers, like the Respondent, or from a...