Haleston Drug Stores, Inc. v. National Labor Relations Board. Smith v. National Labor Relations Board

These are proceedings to review orders of the National Labor Relations Board. The point in controversy is whether the Board, notwithstanding the existence of jurisdiction, has discretionary authority to dismiss unfair labor practice complaints on policy grounds.

The petitioner in No. 12,446 does business as A-l Photo Service in San Pedro, California, In April, 1948, he filed with the regional office of the Board a charge alleging that a local union of the A. F. of L. and certain of its agents were engaged in unfair labor practices affecting commerce. The general counsel of the Board directed the issuance of a complaint. After a hearing the trial examiner issued his intermediate report finding that the petitioner’s business was a retail store engaged in buying and selling photographic equipment and supplies, greeting cards and stationery, and that it regularly employed three clerks. He found that during the previous year the store purchased supplies totaling about $100,000, of which 44 per cent was obtained from outstate wholesalers, the balance being purchased from wholesalers located in California who had obtained a substantial portion thereof from out of the state. During the…