Bailey Slipper Shop, Inc.

National Labor Relations Board - Board Decisions

Jun 17, 1949

84 N.L.R.B. 341 (N.L.R.B. 1949)

In the Matter of BAILEY SLIPPER SHOP, INC., EMPLOYER AND PETI-
TIONER and UNITED RETAIL SHOE EMPLOYEES OF BUFFALO, LOCAL
No. 302, UNITED RETAIL, WHOLESALE & DEPARTMENT STORE EM-
PLOYEES OF AMERICA, C. I. 0., UNION
Case No. 3-RM-34.-Decided June 17,1919
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held at Buffalo,
New York, on May 5, 1949, before Richard Lipsitz, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Reynolds, Murdock, and
Gray].
Upon the entire record in this case, the Board makes the following:
FINDINGS OF FACT
THE BUSINESS OF THE EMPLOYER
The Employer-Petitioner is a New York corporation having its
sole place of business in Buffalo, New York. Its six employees, in-
cluding the manager and other possible supervisors, operate a small
retail store. For the year ending December 1948, the Employer pur-
chased shoes, slippers, and rubber footwear valued in the amount of
approximately $82,000, of which approximately 98 percent was pur-
chased outside the State of New York. During the same period, the
Employer's sales were in the amount of approximately $123,000, all
of which with the exception of approximately 1 percent, comprising
mail order sales made outside the State, were retail sales within the
State of New York.
The Employer asserts that it is engaged in commerce within the
meaning of the National Labor Relations Act. The Union, on the
other hand, contends that the Employer is engaged in a purely local
84 N. L. R. B., No. 41.
341
342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
enterprise and the Board should not exercise jurisdiction. While we
do not find that the operations of the Employer are wholly unrelated
to commerce, we are of the opinion that as that relationship is remote
and these operations are essentially local in character, to assert juris-
diction in this case would not effectuate the policies of the Act.' Ac-
cordingly, we shall dismiss the petition.
ORDER
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of employees of Bailey Slipper Shop, Inc.,
Buffalo, New York, filed herein by Bailey Slipper Shop, Inc., be, and it'
hereby is, dismissed.
1 See Matter of Haleston Drug Stores, Inc., 82 N. L. R . B. 1264; Matter of Progressive
Cleaners & Dyers, Inc ., 81 N. L R. B. 1299 ; Matter of Pan-American Optical Company, 79
N. L. R. B. 1237.
D