Goodman's, Inc.

352 DECISIONS OF NATIONAL LABOR RELATTOI1TS BOi IiD As we have found on the record before us no "dispute" within the meaning of Sections 8 (b) (4) (D) and 10 (k), we shall quash the notice of hearing issued in this proceeding. Order On the basis of the foregoing findings of fact and conclusions of law, and on the entire record in this case, the National Labor Relations Board hereby orders that the notice of hearing heretofore issued in this proceeding be, and it hereby is, quashed. MEMBER HOUSTON took no part in the consideration of the above Decision and Order. GOODMAN'S, INC. and LOCAL 1430, INTERNATIONAL BROTIiERIHOOD OF ELECTRICAL WORKERS, AFL, PETITIONER. Case No. £-R'Ci-4141. November 18, 195 Decision and Order Upon a petition duly filed under Section 9 (c) of the National La- bor Relations Act, a hearing was held May 13, 1952, before Lewis Moore, hearing officer. Pursuant to Board Orders on June 19 and August 27, 1952, the proceeding was reopened and remanded for further hearings, which were held on July 31 and September 15, 1952. The hearing officer's rulings made at the three hearings are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-mem- ber panel [Chairman Herzog and Members Houston and Murdock]. The Employer, Goodman's, Inc., does business in Jersey City, New Jersey, where it is engaged in the retail sale of electrical appliances and the installation and servicing of radio and television sets. Be- cause the volume of its interstate operations, if considered alone, falls short of the Board's established jurisdictional minimal it is neces- sary to decide whether the Board should, for jurisdictional purposes, consider also the operations of certain related corporations. The Employer is a wholly owned subsidiary of Baycull Trucking Company, Inc., a holding and real estate managing corporation owned by five families. This five-family group also owns a 90-percent inter- est in Goodman Warehouse Corporation. The Warehouse Corpora- 1 During the 12 months preceding the original hearing, the Employer' s out-of-State purchases were approximately $49,000, and its out-of-State sales amounted to approximately $2,000. 101 NLRB No. 89. GOODMAN' S, INC. 353 tion and Baycull each own a 50-percent interest in Goodman Furniture Company. Goodman's, Inc. (the Employer), Goodman Furniture Company, and Goodman Warehouse Corporation occupy contiguous real estate owned by Baycull. Baycull's manager, Nathan L. Goodman, who is also vice president and a director of Baycull, is in addition the president and a director of each of the other three corporations. Two other director-officers of Baycull are the managers of the Employer and the Furniture Com- pany, respectively. The fourth director-officer of Baycull is vice president and a director of the Warehouse Corporation. However, none of these men participates in the day-to-day operations of more than one of the Goodman corporations. All four corporations are conducted as separate enterprises. Apart from the fact that the Employer rents all of its real estate from Bay- cull and that it utilizes the services of the Warehouse Corporation to an extent which constitutes less than 15 percent of the latter's reve- nue,2 the Employer does no business with or for any of the other corpo- rations in the group. It has a separate manager, offices, and books of account, establishes separate credit ratings for its customers, and handles its own selling activities. There is no interchange of em- ployees. Hours, wages, and conditions of work are different in each corporation. Labor relations policy is separately established by each of the several managers. Upon these facts and the record as a whole we conclude that it will not effectuate the policy of the Act to assert jurisdiction over the Employer, Goodman's, Inc. Although common ownership and interlocking top control are significant elements in this kind of situa- tion, the fact that the Goodman corporations are engaged in different kinds of business 3 and that there is no substantial integration either of operations or of labor relations policy 4 leads us to the conclusion that we ought not to exercise our jurisdiction here. Order IT IS HEREBY ORDERED that the petition filed herein be, and it hereby is, dismissed. 2 The Employer and the Furniture Company together utilized about 15 percent (approxi- mately $17,000 worth ) of the Warehouse Corporation 's services during the 12 months preceding the first hearing. The amount and proportion used by the Employer alone was not established. Valhalla Memorial Park, 97 NLRB 903; Duke Power Company, 77 NLRB 652. Chestnutt's Stores, Inc , 100 NLRB 490 ; Whitfield Bus Lines, 88 NLRB 261 ; Toledo Sertiice Parking Co., 96 NLRB 263.