Josephs

In the Matter Of MORRIS C. LEBOWITZ, HELEN K. LEBOWITZ, AND CHAR- LOTTE WITTMAN D/B/A JOSEPHS, EMPLOYER AND PETITIONER and RETAIL CLERES INTERNATIONAL ASSOCIATION, LOCAL No. 983, A. F. L.,. UNION Case No. 35-ISM-21.Decided January 6, 1950 DECISION AND ORDER Upon a petition duly filed, a hearing was held before Alan A.. Bruckner, hearing officer of the National Labor Relations Board.. The hearing officer's rulings made at the hearing are free from preju- dicial error and are hereby affirmed.' Upon the entire record in the case, the Board finds : THE BUSINESS OF THE EMPLOYER The Employer, a partnership, has its only place of business at Terre Haute, Indiana, where it is engaged in the retail sale of the. men's and boys' clothing. During the first 7 months of 1949, the Em- ployer purchased merchandise amounting to $120,000 of which amount $110,000 2 was shipped from points outside the State of Indiana. Dur- ing the same period the Employer's gross sales amounted to $184,000,. all of which, with the exception of about $10,000 comprising mail order sales made outside the State, were retail sales within the State of Indiana. 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 enterprise and that the Board should not exercise jurisdiction. While we do not find that the operations of the Employer are wholly unre- I The Employer moved to have the Board give no consideration to the Union 's brief as. not timely filed. As the Union's brief was not timely filed, we have not considered it in arriving at our decision. 2 The Employer is a member of a New York buying office , which has about 40 members, who pay a monthly fee for bulletins concerning goods which this office can obtain. The- Employer's orders from this "buying office" amount to about $50,000 of its annual out-or- State purchases. 88 NLRB No. 3. 11 12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD lated to commerce, we are of the opinion that its operations are essen- tially local in character and that to assert jurisdiction in this case would not effectuate the polices of the Act .3 Accordingly, we shall dismiss the petition. ORDER IT IS HEREBY ORDERED that the petition for investigation and certifi- cation of representatives filed by the Employer herein be, and it hereby is, dismissed. 8 Squire's Inc., 88 NLRB 8; Bailey Slipper Shop, Inc., 84 NLRB 341; Haleston Drug Stores, Inc., 82 NLRB 1264 ; Jacobs Pharmacy Co., 87 NLRB 309; Sta-Kleen Bakery, 78 NLRB 798 ; Harris Bakery Company, 79 NLRB 77.