National Labor Relations Board v. Michael Benevento, D/B/A M. Benevento Sand & Gravel Company

WOODBURY, Chief Judge.

On December 29, 1961, we remanded this case to the Board for further proceedings because we felt that there was not sufficient evidence in the record to support the Board’s assertion of jurisdiction. See N. L. R. B. v. Benevento, 297 F.2d 873 (C.A.l, 1961). Pursuant to our remand the Board recommitted the case to a trial examiner who, after taking further evidence, filed a supplemental intermediate report wherein, on the facts as found, he concluded that during the year preceding the issuance of the complaint in this case the respondent’s “operations affected commerce…