K. B. & J. Young's Super Markets, Inc. v. National Labor Relations Board

Petitioner seeks review of an order of the National Labor Relations Board, and the Board cross-petitions for enforcement of its order. 157 N.L.R.B. No. 17 (1966). At issue is the question whether petitioner, as purchaser of a retail food marketing enterprise, became bound by certain collective bargaining obligations of its predecessor.

Hob Nob Stores, Inc., a large retail grocery chain, owned three supermarkets in or near Bakersfield, California, operated under the name of “Kelley’s Markets.” In April 1964, William and John Young, brothers, bought the three stores. Just prior to the sale, at the direction of the Youngs, all Kelley’s em ployees were notified that they were discharged effective on the sale date. The sale was completed, the stores shut down for one day, then reopened, still as “Kelley’s Markets.” Shortly thereafter, petitioner was organized to operate the stores in his own name. While some innovations in methods of handling and marketing merchandise were introduced, essentially the same business was operated in a similar fashion, at the same locations, and the size and duties of the work force did not change substantially.

The meat departments at Kelley’s had been…