Katz

Katz v. National Labor Relations Board

Good Law
196 F.2d 411·30 L.R.R.M. (BNA) 2063·1952 U.S. App. LEXIS 3563
United States Court of Appeals for the Ninth CircuitApril 21, 195212827_1California2,918 words

Opinion

Opinion

Pope, J.

Petitioners are partners doing business as Lee’s Department Store at Huntington Park, California. They seek to review and set aside an order of the respondent Board determining that petitioners had engaged in certain unfair labor practices ajid requiring them to cease and desist therefrom. The answer of the Board requests that its ■order against -petitioners be enforced.

Petitioners say that the Board was without jurisdiction over them because they were not engaged in commerce within the meaning of the Labor Management Relations Act, 1947, 29 U.S.C.A. §§ 141 et seq., 151 et seq., and that in view of the character of petitioners’ business, it cannot be said that either their business as a whole, or the particular acts or activities complained of, were of a character “affecting commerce” under the Act.

Petitioners’ store sells men’s, women’s and children’s apparel, jewelry, household goods, furniture, appliances and shoes, in a town of slightly less than 30,000 population. The store employs about 60 full time employees; all sales are to residents of the area, and it ships no merchandise out of the State. During the year ending November 24, 1948, it made purchases of approximately…

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