Bartenders Union

National Labor Relations Board - Board Decisions

Jul 28, 1949

85 N.L.R.B. 412 (N.L.R.B. 1949)

In the Matter of BARTENDERS UNION LOCAL 52, AFL and GEORGE W.
LOOBY, AN INDIVIDUAL
Case No. 20-CB-341.-Decided July 08,1949
DECISION
AND
ORDER
On April 20, 1949, upon conclusion of the hearing on the complaint
issued herein,' Trial Examiner William E. Spencer orally granted
the Respondent's motion to dismiss on the ground that this was "a
type of proceeding in which the National Labor Relations Board
should not, as a matter of policy, assert jurisdiction."
The General Counsel requested a review of the order, and filed a
brief in support of his request. The Respondent filed a brief in op-
position thereto.
The Board has considered the General Counsel's request for review,
the briefs, and the entire record in the case, and hereby makes the
following findings :
The Employer operates a "cafe" in Oakland, California, where he
sells alcoholic beverages. His sales of these amounted to $23,496 over a
7-month period prior to the hearing. He also had a pinball machine
and juke box on the premises, from which he derived $390 2 and $600,
respectively, over the same period.
The Employer's principal purchases during this period consisted
of beer, liquor, wine, and mixes. All these items were purchased from
local wholesalers. All the wines and mixes purchased by the Em-
ployer were produced and bottled in California. The beer and liquor
purchased by the Employer during this 7-month period amounted to
$8,237, of which $3,877, or 47 percent, represented beer and liquor pro-
duced and bottled outside California. Assuming that these figures
are representative, the amount of beer and liquor originating outside
California purchased by the Employer during the entire year would
not amount to more than approximately $6,650.
3 The complaint alleged that the Respondent caused the discharge of one of the Em-
ployer's two bartenders in violation of Section 8 (b) (1) (A) and 8 ( b) (2) of the Act.
2 The income derived from the sales of cigarettes is also included in the figure.
85 N. L. R. B., No. 74.
412
0
BARTENDERS UNION LOCAL 52 413
No figures are available in the record on the amount and origin of
equipment purchased for the Employer's establishment. In Matter of
H. W. Smith, d/b/a A-1 Photo Service,3 we held that where the op-
erations of the employer involved were essentially local in nature so
that an interruption of the employer's business would have only a re
mote and' insubstantial effect upon commerce, the Board had and
should exercise discretionary authority to dismiss the complaint on
the ground that it would not effectuate the policies of the Act to, assert
jurisdiction. The operations involved in the A-1 Photo case were con-
siderably greater than those involved here, and this particular enter-
prise hardly seems to us, at least, to be any more a matter of national
concern. We shall therefore affirm the Trial Examiner' s dismissal
of the complaint herein.
ORDER
Upon the entire record in the case, and pursuant to Section 10 (c)"
of the National'Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that the complaint against the Respond-
ent,'Bartenders Union Local 52, AFL, be, and it hereby is, dismissed:
83 N. L. R. B. 564. See also Matter of Arthur D. Thomson, d/b/a Cream Top-
Dairy, 83 N. L. R. B. 738.