National Labor Relations Board v. Timberland Packing Corporation

The National Labor Relations Board petitions for enforcement of its order issued on November 24, 1975, and reported at 221 NLRB 728 . The sole issue is whether the Board properly asserted jurisdiction over Timberland Packing Corporation.

Clearly, Timberland’s activities have sufficient impact on interstate commerce to come within the Board’s jurisdiction under the National Labor Relations Act, as amended, 61 Stat. 136 , 73 Stat. 519 , 29 U.S.C. § 151 et seq. (1970). See NLRB v. Fainblatt, 1939, 306 U.S. 601, 607 , 59 S.Ct. 668 , 83 L.Ed. 1014 ; NLRB v. Inglewood Park Cemetery Association, 9 Cir., 1966, 355 F.2d 448, 451 .

The Board, however, because it lacks the time and resources to exercise jurisdiction over every enterprise which may come within its statutory jurisdiction, has developed administrative standards whereby it limits its assertion of jurisdiction to classes of enterprises which meet a required annual dollar volume of business. For non-retail enterprises, such as Timberland, the Board has announced that it will assert jurisdiction over such a business if it has any interstate inflow (purchases) or outflow (sales) of at least $50,000 annually. And-over Protective…