Jacobs Pharmacy Co., Inc.

In the Matter of JACOBS PHARMACY Co., INc.,' EDIPLOYER and RETAIL CLERKS LOCAL UNION 1063, AFL, AFFILIATED WITH RETAIL CLERKS 2 INTERNATIONAL ASSOCIATION, AFL, PETITIONER Case No. 10-IBC-656.-Decided November 30, 1949 DECISION AND ORDER Upon a petition duly filed, a hearing was held before Charles M. Paschal, Jr., hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby afrmed.3 Upon the entire record in this case, the Board makes the following findings : The Employer, a Georgia corporation, is engaged in the retail sale of drugs, cosmetics, food and soft drinks, novelties, and other related items. It maintains its principal office and warehouse in Atlanta, Georgia. It operates 13 retail drug stores in Atlanta, as well as 1 each at Hapeville, Buckhead, and Decatur, Georgia, all cities within a 35- mile radius of Atlanta. During the year ending 1948, the Employer made purchases for resale valued in excess of $1,000,000, of which approximately 50 percent was shipped to the Employer directly from points outside the State of Georgia. Sales during the salve period exceeded $1,500,000, all being made locally at the Employer's drug stores within the State of Georgia. One of the Employer's motions to dismiss is based on the ground that its operations do not affect commerce within the meaning of the Act. Without deciding whether its operations affect commerce within the meaning of the Act, we do not believe that it would effec- tuate the policies of the Act to assert jurisdiction, as the Employer's business is essentially local in character. Accordingly, we shall dis- miss the petition. ' The name of the Employer as it appears in the formal papers was amended at the hearing. 2 The name of the Petitioner as it appears in the formal papers was amended at the hearing. s The hearing officer referred to the Board the Employer' s motion to dismiss the petition on several grounds. In view of our disposition of the case herein we find it unnecessary to rule on such motions. 4 Ilaleston Drug Stores, Inc., 82 NLRB 1264. 87 NLRB No, 34. 309 310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER IT IS HEREBY ORDERED that the petition for investigation and certifica- tion of representatives of employees of Jacobs Pharmacy Co., Inc., Atlanta, Georgia, filed herein be, and it hereby is, dismissed. MEMBER MURDOCK took no part in the consideration of the above Decision and Order.