Bailey Slipper Shop, Inc.

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