Hook Drugs, Inc.

National Labor Relations Board - Board Decisions

Aug 9, 1950

90 N.L.R.B. 1841 (N.L.R.B. 1950)

In the Matter of HOOK DRUGS, INC., EMPLOYER and RETAIL , WHOLESALE
AND DEPARTMENT STORE UNION, CIO, PETITIONER
Case No. 35-RC-354.-Decided August 9,1950
DECISION AND ORDER .
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Harold V. Carey, hearing
officer. The hearing officer's rulings made at the hearing 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-member
panel [Chairman Herzog and Members Houston and Styles].
Upon the entire record in this case,2 the Board finds :
The Employer, an Indiana corporation, is engaged in the retail
sale of drugs, cosmetics, food and soft drinks, novelties, and other
items. It maintains its principal office and warehouse in Indian-
apolis, Indiana. It operates 53 drug stores throughout Indiana, of
which 27 are located in Indianapolis. During the past year, .the
Employer made purchases for resale valued in excess of $8,000,000 of
which 98 percent was shipped to the Employer directly from points
outside the State of Indiana. Sales during the same period exceeded
$12,000,000, all being made locally at the Employer's drug stores within
the State of Indiana.
All parties concede that the Employer is engaged in commerce
within the meaning of the National Labor Relations Act. Although
the Employer's operations affect commerce within the meaning of the
Act, we do not believe that it would effectuate the policies of the Act
to assert jurisdiction, as the Employer's business is essentially local in
character 8 and its operations are all within the confines of a single
State .4 Accordingly, we shall dismiss the petition.
I The hearing officer referred to the Board the Employer ' s motion to dismiss the petition
on several grounds. In view of our disposition of the case herein we find it unnecessary to
rule on such motions.
2 As we are dismissing the petition on other grounds , we need not decide upon an appro-
priate unit . Accordingly, the Employer ' s request for oral argument on that issue is denied.
3Jacobs Pharmacy Co., Inc., 87 NLRB 309; Haleston Drug Stores , Inc., 82 NLRB 1264.
* Cf. Sun-Ray Drug Company , 87 NLRB 208.
90 NLRB No. 249.
903647-51-vol. 90-117 1841
1842 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
IT IS HEREBY ORDERED that the petition for investigation and certi-
fication of representatives of employees of Hook Drugs, Inc., Indian-
apolis, Indiana, filed herein be, and it hereby is, dismissed.