The J L Hudson Co.

National Labor Relations Board - Board Decisions

Jul 16, 1942

42 N.L.R.B. 536 (N.L.R.B. 1942)

In the Matter of THE J L HUDSON COMPANY and UNITED RETAIL, WHOLESALE AND DEPARTIIENT STORE EMPLOYEES OF AMERICA, C I 0 In the Mattel of THE J L HUDSON COMPANY and FRED L YOUNG Cases Nos C-2211 and C4210, respectively -Decided July 16,1942 . Jurisdiction : general meichanclise ietailing industry, juiisdiction- contested Settlement stipulation pioN iding for compliance with the Act Remedial Orders : enteied on stipulation Mr Max Rotenberg, for the Board Beaumont, Smith & Harris, by Mr Albert E Meder, of Detroit, Mich , for the respondent Mr John Leigh and Mr Tucker P Smith, of Detroit, Mich, for the Union Mr Fred L Young, of Detroit, Mich , for Fred L Young Mr Bernard L Alpert, of counsel to the Board DECISION AND ORDER STATEMENT OF THE CASE Separate charges and amended charges having been filed by Fred L Young 7 and by United Retail, Wholesale and Department Store Em- ployees of America, C I 0 , herein called the Union 2 against The J L Hudson Company, the National Labor Relations Board, herein called the Boaid, acting pursuant to Article II, Section 36 (b), of National Labor Relations Boaid Rules and Regulations- Series 2, as amended, on December 13, 1941, ordered the two proceedings consoli- dated. Upon the charges and amended charges thus filed, the Board, by the Regional Director for the Seventh Region (Detroit, Michigan) issued its complaint dated March 18, 1942, against The J L Hudson Company, Detroit, Michigan, herein called the respondent, alleging 3 The original charge was filed on November 5, 1941, and the amended charge on March 13, 1942 9 The original charge was filed on July 7, 1941, by United Retail and Wholesale Employ- ees of America , the amended charge on November 10, 1941 , the second amended charge on January 21, 1942 and the third amended charge on March 14, 1942 The amended charges were filed by the United Retail , Wholesale and Department Store Employees of America, C I 0 42N L R B , No 111 536 THE J L HUDSON COMPANY 537 that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (3) and' Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act Copies of the complaint accom- panied by notice of hearing were duly served upon the respondent, the Union, and upon Fred L Young The complaint, as amended,3 alleged in substance that the respond- ent by its officers and agents (1) discharged John Piskorowski and Vincent Mrhoto on or about June 16, 1941, and November 6, 1941, respectively, and refuse to reinstate them because of their membership in and their activities on behalf of the Union; (2) discharged Fred L Young on or about July 12, 194f, and refused to reinstate him be- cause of his activities in concert with other employees of the respond- ent for the purpose of collective bargaining and other mutual aid and protection; and (3) since on or about January 1, 1940, has inter- fered with, restrained, and coerced its employees in the exercise of the rights guaranteed them by Section 7 of the Act by (a) urging, warn- ing, and intimidating its employees to refrain from becoming or remaining members of the Union and from engaging in union activ- ities and by (b) questioning its employees concerning their affilia- tion with the Union and concerning their concerted activities for the purpose of collective bargaining and other mutual aid and protection. On April 23, 1942, the respondent filed an Answer In The Nature Of A Motion in which it denied that the National Labor Relations Act was applicable to it, and that the Board has jurisdiction over it The Answer adopts the facts set forth in the stipulation hereinafter re- ferred to, and denies all conclusions of law contained in the amended complaint 6 Thereafter the respondent, the Union, Young, and an attorney for the Board entered into a stipulation in settlement of the cases, subject to the approval of the Boaid. The stipulation, dated May 12, 1942, provides as follows It is hereby stipulated and agreed by and between The J L. Hudson Company, hereinafter called the Respondent, by its at- torney of recoi d, United Retail, Wholesale and Department Store Employees of America, C I 0, hereinafter called the Union, Fred L. Young, an individual, and Max Rotenberg, attorney for the National Labor Relations Board, hereinafter called the Board, as follows : 1 On July 7, 1941, November 10, 1941, January 21, 1942, and March 14, 1942, the Union filed charges and amended charges, respectively,_ in Case No VII-C-793 with the Regional Director ' The complaint was amended on April 8, 1942 A copy of the amended complaint was served on the respondent, the Union, and on Young 538 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the Seventh Region of the Board, hereinafter called the Re- gional Director, charging that the Respondent, in the operation of its business, had committed certain unfair labor practices af- fecting commerce -within the meaning of Section 8, subsections (1) and (3), and Section 2, subsections (6) and (7), of the Na- tional Labor Relations Act, 49 Stat 449, hereinafter called the Act 2 On November 4,1941, and on March 13, 1942, Fred L Young, an individual, filed charges and amended charges, respectively, in Case No VII-C-897 with the Regional Director, charging that the Respondent, in the operation of its business, had committed certain unfair labor practices affecting commerce within the meaning of Section 8, subsections (1) and (3), and Section 2, sub- sections (6) and (7), of the Act 3 On December 13, 1941, the Board, by an appropriate order, ordered that Case No VII-C-793 be consolidated for the purpose of hearing and for other purposes with Case No VII-C-897 4 On March 18, 1942, the Board, by Frank H Bowen, the Re- gional Director, acting pursuant to authority granted in Section 10 (b) of the Act and pursuant to Article II, Section 5, of the Board Rules and Regulations, Series 2, as amended, issued a com- plaint and notice of hearing against the Respondent herein, alleg- ing that the Respondent had engaged in and is engaging in certain unfair labor practices affecting commerce within the meaning of Section 8, subsections (1) and (3), and Section 2, subsections (6) and (7), of the Act, alleged in the amended charges hereinbefore referred to, and on the same said date true and correct copies of the complaint and notice of hearing thereon were duly served upon the Respondent, the Union, and Fred L Young, said hear- ing being scheduled for April 2, 1942, at 10 00 A. M, in Room 859, New Federal Building, Detroit, Michigan. 5 On March 27, 1942, the Regional Director, upon a motion made by the Respondent, and acting pursuant to Article II, Sec- tions 12 and 6 of the Board Rules and Regulations, Series 2, as amended, made, filed, and served upon each of the parties to this proceeding an order extending the time for the filing of Re- spondent's answer to the complaint herein to April 4, 1942, and postponing the date of the hearing of the above entitled matters to April 16, 1942; and on April 1, 1942, the said Regional Direc- tor, acting pursuant to said Rules and Regulations made, filed, and duly served upon the parties to this proceeding an order further extending the time to file the Respondent's answer to the com- plaint herein to' April 11, 1942, and postponing the date of the hearing of the above entitled matters to April 23, 1942, at the time and place set forth in the original notice of hearing. THE J L HUDSON COMPANY - 539 6. On April 8, 1942, the Board, by the Regional Director, acting pursuant to authority in Section 10 (b) of the Act and pursuant to Article II, Section 7, of the Board Rules and Regulations, Series 2, as amended, issued an amended complaint against the Respondent heiem alleging that the Respondent had engaged in and is engaging in certain unfair labor practices affecting com- merce within the meaning of Section 8, subsections (1) and (3), and Section 2, subsections (6) and (7), of the Act alleged in the amended charges heieinbefore refer red to, and on the same said date true and correct copies of the amended complaint were duly served upon Respondent, the Union and Fred L Young _7 On April 8, 1942, the Regroiral Director, upon a motion made by the Respondent and acting pursuant to Article If, Section 12, of the Board Rules and Regulations, Series 2, as amended, made, filed and served upon each of the parties to this proceeding an order extending the time for the filing of the Respondent's answer to the amended complaint herein to Apr rl 23, 1942, and on April 21, 1942, the Regional Director, acting pursuant to Article II, Section 6, of said Rules and Regulations, made, filed, and served upon the parties to this proceeding an order postponnig the date of the hearing of the above entitled matters indefinitely, ' subject ° to the same being rescheduled for hearing upon ten (10) days notice to the said parties. 8 On April 23, 1942, the Respondent filed its answer to the amended complaint herein with the Regional Director The stipulation referred to and adopted in said Respondent's answer is the stipulation herein; the allegations in said Respondent's answer having been made in anticipation and contemplation of this stipulation. 9 The Respondent is and has been since September 16, 1895, a corporation organized and existing under the laws of the State of Michigan with principal offices in Detroit, Michigan It is not licensed to do business in any other State; it is not a subsidiary of any other corporation nor has it any subsidiaries. _ 10 The Respondent owns, operates and maintains a retail de- partment store under the name of The J L Hudson Company, herein called the Respondent's store, located at 1206 Woodward Avenue, Detroit, Michigan, and is engaged in the general purchase and resale of various kinds of goods, wares, merchandise and com- modities, including the following Piece Goods -Fabrics, Patterns, Linens, Domestics and Bed- ding. Smallwares -Notions, Toilet Articles and Drugs, Jewelry, Silverware, Leather Goods, Umbrellas, Books, Stationery, Laces 540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and Trimmings, Neckwear, Handkerchiefs, Hosiery, Gloves Needlework and Cameras Ready-to-Wear -Women's and Misses' Coats, Suits, Dresses, Sportswear, Furs, Millinery, Shoes, Corsets, Underwear, and Infants', Children's and Girls' Wear - Men'e Wear -Men's Clothing, Furnishings, Hats, Shoes, Boys' Clothing, Furnishings and Shoes, Luggage and Sporting Goods. Home Furnishings -Furniture, Floor Coverings, Draperies, Lamps, China, Glassware, Housewares, Mechanical Equipment, Pictures, Musical Instruments, and Toys Miscellaneous.-Dry Groceries, Baked Goods, Candies. 11 The Respondent's store is located in a building known as The J L Hudson building, situated upon the block bounded by Woodward on the west, Grand River on the north, Farmer Street on the east, and Gratiot Avenue on the south Part of said build- ing is owned and the remainder leased by the Respondent and the Respondent's store occupies the entire said building It consists of 24 stories above ground, four basement levels, and mezzanine floors in the third basement, first floor and the 15th floor Two basement floors, the first floor mezzanine, eleven floors above ground and part of the 12th floor are devoted to selling The remainder of the floors are devoted to various services, stockroom and workroom activities Respondent's store occupies 1,875,337 square feet of space. 12 In its business the Respondent operates and maintains 5 warehouses located in Detroit, Michigan, 3 of which are owned and 2 leased by the Respondent, said warehouses having a total of 900,783 square feet of space. 13 During the Respondent's fiscal year ending January 31, 1942, it employed an average of approximately 8,562 employees of the following classifications Sales ------------------------------------------------------------ 3,160 Office----------------------------------- ------------------------- 685 Warehouse ------------------------------------------------------ 35 Workroom activities______________________________________________ 957 Delivery department --------------------------------------------- 536 Executives and Fum's office-------------------------------------- 13 Superintendent 's office, Research dept, Training dept, Hospital Supply dept , Telephone opeiatois-------------------------------- 141 Occupancy supervision -------------------------------------------- 7 Elevator -------------------------------------------------------- 126 Porters, cleaners and maids _______________________________________ 183 Watchmen , footmen, maintenance , mechanics, carpenters and painters 108 Publicity and advertising ---------------------------------------- 95 Windows, display and signs ______________________________________ 57 Merchandise managers and assistants _____________________________ 31 Buyers and assistants ________ ___________________________________ 274 THE J. L HUDSON COMPANY 541 Comparison offices------------------------------' ----------------- 29} Miscellaneous buving_____________________________________________ 5 Receiving ------------------------------------------------------- 81 Marking----------------------------------------------- 224 Stock and clerical------------------------------------------------ 497 Cashieis, inspectors and wrappeis_________________________________ 552 Package collectois------------------------------------------------ 31 Packing--------------------------------------------------------- 151 Floormen and floormen clewlcals___________________________________ 198 Service and transfer desks________________________________________ 75 Returned goods room____________________________________________ 16 Peisonal telephone and mail shopping service______________________ 90 Adjustment bureau______________________________________________ 158 Miscellaneous selling_____________________________________ 24 Operation of rental properties such as shoppers' parking, etc ________ 23 Total---------------------------------------------------------- 8,562 14 The Respondent at its said store owns, operates and main- tains the following departments • (a) 134 retail selling departments ,(b) 16 workroom 'departments which sell direct to customers. Pharmacy -Both prescription and sale of package phar- maceutical goods During 1941 it prepared over 20,000 pre- scriptions Restaurants -Five divisions, serving an average of 5,097 persons per day. Soda Fountain. Baked goods.-Produced by Respondent. Tea Room. Shoe repairs and shining. Engraving -Including repairs of clocks, watches and jewelry. Fur Storage and Repairing -Stores approximately 31,300' coats per year. Hosiery repairs. Customers Service.-Installation and repair of electrical and gas equipment, furnaces, bicycles, lawn mowers, etc. Piano tuning. Drapery workroom. Carpet workroom -Including linoleum, etc. Alteration -Dresses, etc. Basement soda fountain and luncheonette. Frosted Malted. (c) 21 workroom departments which service retail depart- ments - Bentliff.-needle work at workers' homes. Ribbon 542 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Venetian blind _ Upholstery _ Busheling Corset Basement corset Furniture finish. Store laundry. Millinery. - Children's millinery. Basement millinery - -- Multigraph and pi Inting. Executive physical culture Reproducing-photostat. Small instrument-band. Lamp workroom-assembles lamps. Needlework-insti uction to customers. Picture Self serve -employees only. Executive barber shop. (d) 70 strictly service departments. In addition to the aforesaid departments there are 8 departments in the Respondent's store which-the Respondent leases to various fifims or individuals 4 Under the lease arrangement between the 4 Wheelan Studio -Owned by Robert Brown Wheelan , an individual, 370 Seventh Ave- nue, New York City It is located in the First basement and at that location takes photo- graphs of customers, sells picture frames , colors photographs and performs other services which are customary in any photographers studio Orange Punch Department -Owned by B V Booth Company, unincorporated, 167 South Main Street, Akron, Ohio It sells Nut Meats and serves a drink called "Orange Punch", which is made on the premises Powder Blending Salon -Owned by Tourneur Powder Blending , a corporation, 136 E. '57th Street, New York City It blends powder of various colors and textures to meet the individual wish of the customer The blending process is done on the store premises, much of the time while the customer is present Beauty Parlor -Owned by American Yvette Company, Inc, 111 Eighth Avenue, New York City It is located on the 7th Floor and sells cosmetics, hair preparations, trans- formations and other similar accessories It also sells service, such as manicures , facials, hair cutting, bleaching, hair dressing , permanent waves , scalp treatments, etc Children 's Barber Shop -Owned by American Yvette Company, Inc, 111 Eighth Ave- nue, New York City It is located on the 7th Floor and specializes in cutting children's hair O'Connor Studio -Owned by Inez O'Connor, Harold R Snook , Ethel S Powers and Eugenia O 'Connor Adams, a partnership, whose office as well as its place of business in the store is on the 4th Floor It conducts a general photographer 's business , takes photo- graphs , sells flames, colors pictures, etc Candy Department -Owned by Fred Sanders, Inc , 100 Oakman, Detroit, Michigan, a corporation It sells candy and nut meats Dili Cleaning Department -Owned by Forest Cleaners & Dyers, a corporation, 534 East Forest, Detroit, Michigan, and operates only in the State of Michigan It specializes in cleaning furniture , furs, clatlimg, rugs, pressing clothes, and m'iking imnoi repairs at tho customers' request The lessees of the flist 5 enumei'tted leased departments do business in the State of Michigan and in other States of the United States The lessees of the last 3 enumerated leased departments do business only in the State of 'Michigan THE J L HUDSON COMPANY 543 ,Respondent and-the lessees, (the terms being substantially the same in all leased departments) the latter furnish for their re- spective departments the necessary merchandise, equipment, ma- terial and employees -The Respondent furnishes space, house- keeping, wrapping, packing, delivery, accounting and credit. The Respondent pays to the lessees each month their respective share of the business produced during the preceding month, and for such services and accommodations the Respondent receives from the said lessees a percentage of the total sales. During the Respondent's fiscal year, ending January 31, 1942, the said leased departments employed 152 employees , 15 The Respondent has 36 active tiade marks registered in its name and filed with the U S Patent Office, Department of Com- merce, Washington, D C, the most important of which, used by the Respondent in its business, are as follows. Name of trade-mark Department where trade -mark merchandise is sold Date of registra- tion Colette--------------------- Sandy Ross ________________ U Hall -_-_ -____ Cort ------------------- -- M Ke ayfair nmo or------------------Beckham Bob Briar_________________ Mickey Martin ----- -____ Dares ood____________ ------ Aldrich ----_______ 'Stutdibilt__________________ R ockham Sturdilite--------S We Crest Shoes___ ------ Viking Zephyr Clothes ___-____'____ Shower Circle Burwin ------------- -------Adrienne ___________________ Women' s Hosiery---------------------------------- ----Boys' Clothing-- --------------------- --------Outer Clothing for Men and Young Men--------------- Men's Flats ------------ ---------- ------------Play ng Cards -----------------------------------------Men's Clothing ---------------- ------------------------Men's Clothing __________________ Basem^nt, Boys' Clothing_ _________________________ Basement , Boys' Clothing_ ______________________________ Mcn s Shirts Men's Clothing -------------------------------- --------- Trunks and Luggage en's Clothin----------- ------------- ------------M Women 's and Children 's Shoes ___________ --------------- Musical Instruments ----------- -------------------------- Men's Clothing_ __________________________ --------------- Raincoats for Women and Misses ________________________ Men's Shirts---- -- -- ------------ ---- -- ------------- Women's Footwear---- ---------------------------------- 1930 1929 1929 1924 1927 1923 1925 1937 1937 1938 1937 1937 1938 1938 1938 1939 1940 1940 1941 16 The total cost of goods, wares and merchandise purchased by Respondent for use-and resale at its department store in De- troit, Michigan, during its fiscal year ending January 31, 1942, was $43,864,289 00 More than eighty per cent in value of such goods, wares and merchandise was shipped to-the Respondent fiom points outside the State of Michigan Approximately $306,- 684 00, or seven-tenths of one per cent in dollar value of the goods, wares, and merchandise shipped from points outside the State of Michigan to the Respondent's store was shipped from foreign countries 0 544 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 17 The total sales of the Respondent during its fiscal year ending January 31, 1942, were (a) By departments owned and operated by the Respond- ent -------------------------------------------- $70,845,615 00 (b) By departments leased to various lessees-------------- 788,122 00 (c) Total sales----------------------------------------- 71,633,737 00 During the same period the Respondent's sales and shipments to customers and users outside of the State of Michigan were : (a) By departments owned and operated by the Respondent- $1, 260, 918 00 (oi 15% of gross sales of Respondent's owned departments ) (b) By departments leased to vau.ious lessees-------------- 30, 088 00 (oi 3 8% of gross sales of Respondent's leased de- partments) (c) Total of such sales and shipments to customers and users outside of the State of Michigan-------------- $1,291,006 00 (or 16% of the Respondent's total sales ) By far the greater portion of such $1,291,006 00 of sales shipped outside of the State of Michigan were made to Detroit customers. During the same period the Respondent made no sales to foreign courtries other than the Dominion of Canada. During the same period the Respondent's sales through its mail order department were $553,841.27. Approximately 15% of said mail order sales was made to customers and users outside of the State of Michigan. 18 In its business the Respondent owns, operates and main- tains 262 tiuck automobiles in connection with its delivery system in Detroit and certain other places ui the State of Michigan. The Respondent does not use its own truck automobiles to make deliveries to places outside of the State of Michigan 19 To import and export goods, wares and merchandise from and to points outside of the State of Michigan, the Respondent uses the following common carriers Parcel Post, Railway Ex- press, Acme Fast Freight, the regular freight and interstate truck lines. 20 The Respondent purchases its heat and power from the Detroit Edison Company, Detioit, Michigan 21 The Respondent does not directly or indirectly own or con- trol any source of supply and does not do business with any source of supply ntihose output is taken exclusively by it The Respond- ent finances its business with its own funds. 22 During its fiscal year ending January 31, 1942, the Re- spondent advertised its business and merchandise by newspapers, THE J L HUDSON T, COMPANY ' 545 periodicals, radio and direct mall 5 During said period the cost of Respondent's said advertising was as follows (a) Newpapers published in the State of Michigan-------- $1, 422,518 64 (b) Periodicals published in the State of Michigan --------- 15,189 23 (c) Newspapers published outside the State of Michigan---- 622 00 (d) Periodicals published outside the State of Michigan--___ 3,118 84 (e) Radio------------------------------------------------ 24,190 16 (f) Direct lnall_________________________________________ 75,620 00 Total ---------------------------------------------- $1,541,265 23 S New spapers published in the State of Michigan Name of newspaper Place published Detimt Free Press__ _______________ ____ ---------- Detroit, Mich _________________ Detroit News -------------------------- ---- - -----do- ------------------Detroi t Times__________________ _ ----- do-----------------------Detroit Shopping News__________ ------- ---- ----- ----do------------- Polish Daily - ------------------------------------- -----do------------------------ Abend Post -------------------- - ----- --- - --- ----do------ ---------------- Michigan Catholic _______________ _ -------------- - ---- do------ - --------------- Detroit Jewish Chronicle ------------ -------- ---- ----- do ------------------------ Jewish Dailv Foiw and _ __________________ _ ------ ----- do-- -------------------- Belgian Press________ _______ ------ ---- do------------- ---------- Italian Tribune ___ ---------- _______ _ _____ --- ----- do ----- ------------------ - 1) A C News _ ____ ____ ___ ---- ----- do------------------------ Detroit Greek Tribune _ ____ ______ ----- -----do------------------------ Detroit Magyarsag ------------ _______ _____ __- -----do-----------------------Italian Publishing Co _ _______ -------- ----- do------------- Women's C,tV Club _______________ _______ _ ---- ----(1o- - ------------------- The Voue of the People____________ _________ ______ do---------- Ingham County News----------- ____________ _ ---- Mason, Mich ______ ------ -- Lapeer County News_ _ __ ________ ____ ___ ----- ----- do----- ------------------ Owosso Atgus Press______ ______ __ _____________ -- Owosso, Mich_________________ The Huron News_ _ __ _____ _ _ ------------------ Bad Axe, Mich_______________ Ludington Daily News _____________ ____ __ ______ Ludington,Mich-__ ____ ---- Gratiot County Herald__ _______ _ ____ ___ _______ Ithaca, Mich__________________ Sanduskv Republican ______________ _ _____ Sandusky, Mich_ Stanton Clipper Herald ____ _ _ _____ ____________ Stanton, Mich ____ -------- Ttmtti Herald ------- ---------- ____ ---------- Pot t Huron, Mich -_______-__ The Daily Tribune_______ _ __ --- ----- Gland Haven, Mich_____ ---- Ontonagon Herald _________ __________ ------------- Ontonagon, Mich ------------ Traverse City Record ______________________ _____ Traverse City, Mich _______-__ Montgomery County Tribune__ ____ _ ___ ___ ---- Atlanta, Mich___ Tuscola County Advertrscr --- -- Caro, Mich___________________ Ironwood Times_______ --- ________ ___ ____ ------ Ironwood, Mich - ---------- Bay City Tunes------- -- ------- -------- ------- Bay City, Mich_____________ _Newberr3 News _ ___ ___ __ ------------- Newberry, Mich _____ ------- Presque isle County Adhance ___ _____ _______ --- Roger City, Mich__________ -- Midland Dailv News___ _________ ---- Midland Mich_______________ Ionia Sentinel Standard- ____ ___ _____________ -- Ioma, Mich___ ______________ Escanaba Daily ---- ------ ------ - ------- -------- Fscauaha, Mich_______________ The Mining Gazette_____________ --- --------------- Houghton, Mich ______ ______ Tribune Publishing Co_ ___________ Manrstique, Mich_ Manistee News_ _______________ _____ Manistee, Mich______________ OgemawCounty Heia]d__---------------- --------- West Branch, Mich ---------- Herald Publishing Co_____ __________ -------- --- Bessemer, Mich ______________ The Lanse Sentinel _________________________________ Lanse, Mich _________________ Livingston County Press________ ----------------- Howell, Mich_________________ Mount Clemens Daily -------- ----- ---- -------- Mount Clemens Mich________ Sault News -------------------------------------- Sault Ste Marie Mich Alpena News----- -------- -------- --------------- , _______ Alpena, Mich ---------------- Leader & Kalkaskan----------- ---------------------- Kalkaska, Mich_______________ Cadillac Evening News __ -------------------------- ld LH d Cadillac, Mich________________ era ea er__ ---------- -------------------Osceola County Herald _ _ Menominee, Mich____________ Reed City Mich Charlevoix Cow ter -------------------------- _______ L l F , ------------- Charlevoix, Mich_____________ ee anau uterprise _ __ _ ______ _ ____ ____ ______ Leland, Mich ____ - --- Missaukee Republican__ _________ __- _ ___-___-_- Lake City, Mich_____________ Recoid Publishing Co _- ___ _-_ ___ Beaulah, Mich ------------- -- Allegan Gazette ______ _______ __ _ _______ __ ------ Allegan, Mich ______________ Diamond Drill__- ----- ------- - - - ---- -- Civstal Falls Mich Mancelona Herald Co_ _______ _ __ _ _ -- Mancelona, M ch ---------- _ Cost of adver- tising during respondent's fiscal year $275,538 00 607 684 00 211,756 00 196 818 00 1,808 00 1, 249 00 1,51800 690 CO 663 00 339 00 2 159 51 175 00 394 80 297 45 383 18 105 00 49 00 9 45 17 01 20 25 10 80 13 50 15 12 10 80 6 75 34 02 15 12 8 10 22 68 5 40 13 50 9 45 34 02 16 20 9 45 16 80 12 15 18 90 29 70 12 60 13 50 10 50 7 50 9 45 9 45 15 12 20 79 16 20 13 50 17 01 18 64 9 45 10 110 6 75 9 45 6 75 8 10 8 10 8 00 See footnote 5, next page 472514-12-vol 42 35 546 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD The said newspapei s and periodicals published outside of the State of Michigan and each of the said radio stations by which the Re- spondent advertised and is advertising its business, has a coverage of, and carries advertising to several states other than the State of Michigan Approximately 15% of the said newspapers and periodicals published in the State of Michigan by which the Re- spondent adveitised and is adveitising its business, circulates in and carries advertising to seveial states other than the State of Michigan. 23 The natuie, mode and extent of operations of the Respond- ent' including the purchases from and sales to places outside of the State of Michigan during its fiscal year ending January 31, Footnote 5 continued Name of newspaper Place published Cost of adver- tising during respondent's fiscal year St Joseph Press ----- ,r imes Neas-- - --------- - --------- ------ MiningJoni nalCo--------- _________ Courier Northerner _ -- ----- ------ - Cheboygan Daily Tribune- Uladwin Record__ -------- - Petoskey Evening New s___ Coldwater Daily Reporter ____ _______ _ --- White Cloud Eaele----------------------- ----- -- - Clinton County Republican News _____ Aienac County Independent ________ ____ ______ Tau as Ifeiald -- ----------- ------- - - Clan County Cleasir _ __ ____ _ _ _ __ __ ____ Ionia County News _ ----- ----------- - - _ -_ _ Fxpense (Cuts, Electron, Mat Sersic( and other preparation service pure0wsed) __ Newspapers published outsid( of the State of Michigan Christian Suence Monitor, Boston, Mass _ _ _ _ _ _ _ _- _ wmdsoi Daily Star INindsor, Ontario ________ _ ------ --------- - Total __--____ St Joseph , Mich__ _ ____ --- Port Hmon , Mich _ _ ___ -__ Marquette, Mich Paw Paw, Mich____ _ Cheboygan, Mich ____ Cladwin, Mich ------- _ __ Petoskey, Mich_______ _ _ Coldwater, Mich_ _ _ _ _ White Cloud, Mich_ _ _ ____ St Johns, Mich __ - _ ___-- Standish, Mich ___ __ ___ __ Tawas CitN Mich_ __ ___ __ narnson, Mich_____________ Ionia, Mich is 90 IS 90 24 57 9 45 I8 90 11 34 11 34 16 50 8 10 tI 61 12 60 5 40 9 00 If) 50 $1,332 G91 58 89, 824 06 $1,422 518 64 $506 Oil 116 00 $622 00 l r riorhi al, published in the State of Michigan Name of periodical Place puhhslird Cost of ad vertising dui ingrespond ent s fiscal year Detroit High School of Commrrce _ _ _ _ _ Real Estate & Building_ ______ _ _ ______ ------- Detroit Sportsman _ ----- NI asonie World ______ __ _ _ The Playeoei----- ---- --- - - Prtroit Jiw.sh Chronicle - _ ___ ___ _ Michigan Catholic _____________ Worm n s City Club Magazine - Catholic Women s Magazine Detroit Club Women _ Moslem Tern ph __ --------- Detroit Public Schools_ Aderaft Club of Detroit___ _ ----------- Detroit Collegian ________ __ _______ _ __ I heater Program Company _ _____ ------------- Detroit Athletic Club News _______ _ ----- -- - Detroit Spring Horse Show_ ____ -_ _ _ _ _ See footnote 5, next page _do do do _ do --- --do--- ----- - do __ _ do --- --- do -- ------ --- do _do_ __do do $1, 541 25 202 50 495 00 991( of) I 350 o0 123 20 558 00 630 00 400 00 342 00 So 00 191 2r 110 00 169 25 540 00 700 00 150 00• ;x- -- -- Joe-'- - -11 -.. THE J L HUDSON COMPANY 547 1942, are representative of the Respondent's opeiations for the several years immediately piecednlg February 1, 1941 24. United Retail, Wholesale and Department Store Employees of America, C I 0, is a labor organization within the meaning of Section 2, subsection 5, of the Act and admits to membership certain of the Respondent's employees 25 The group of Respondent's employees, associated for the purpose of bargaining collectively through representatives Fred L. Young and Don Calvin concerning wages, hours, and other con- ditions of employment, iefeiied to in the amended complaint Footnote 5 continued Cost of ad- vettismg dur- Name of periodical Place published mg resp')nd- cut's fiscal --- ----- -- year The Art Quarterly ____ Detroit , Mich ___ $ 100 00 Michigan Bell Telephone Co _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ do __ __ - - - - - - ______ ____- - - - 1,846 00 371 25Detroit High S c h o o l s Detroit Town Hall ------------- ------------ --- - ---__-- __-- -----do - ------------------ -- 250 00 Detroit Dental Bulletin--- ------------ -- -- - - - - - -do- --- - -------- ------- - 35 00 Bldg Owners & Mgrs Assn- -------- -------- _ _ _ - - - - - - do- - -------------- - -- 15 00 Highland Park Jr College_ Highland Park, Mich___ _____ _ 20 00 Loma Free Fair--__ Ionia, Mich - ___ ___ 35 00 Prepaiation Expense, Cuts, Drawings, Ei^_ ______ _ _____ _ _ 3 665 53 $15,189 23 Cost of ads er- Name of periodical Pl ico published using during respondent's fiscal year Brides Magastne - - - - - - - - - - - - - - - - - - - - - - - - - - New York, N Y------- $1, 350 00 Christian Science Publishing _ _ _ _ _ _ Boston , Mass__ ___ _______ _ 105 84 Automobile Guide, published by Ameitcan Auto Washington, 1l C ----- _ ___ 225 00 Assn \i om en 's \i t earCompany - - - - - - - - - - - - - Nets Yolk N Y____ ____ 400 00 Michigan Farmer, published by Cappcr Harman Clc%eland, Ohio _ _ ______ __ 1,038 00 Slot tun $3,118 84 Radio Stations by which Respondent advertised its business Name of radio station Location \\WJ Deist, Nticli_ NJBK_ WXYZ _ W J R -- - ---- - -- - --- ------------- ----do- CKL\\ Windsor , Ontario, Canada `Recoseries from Vo'dors-Participation____- Total 'I otal cost Radio Time_ - -Improperly iharged to Account__ _ Individual Talent_ Printing - Cost of adver- tising during respondent's fiscal Near $23, 579 60 730 00 717 50- 400 00 100 00 1,450 52 $24,076 58 $24, 076 58 63 90 47 24 8 35 $24,196 16 In a Idition to the above advertising costs the Respa'i lent eepc'i lcd $14,101 00 to advertise by the same media the merchandise and s reicos of the'lea,od departments and was reimbursed for such eost^ bi tie said leased departments 548 DECISIONS OF NATIONAL LABOR RELATIONS BOARD hei em, was, dui rng all times herein material, a labor organization within the meaning of Section 2, subsection 5, of the Act and ad- mitted to membership ceitain of the Respondent's employees 26 By a deciee and judgment of the Probate Couit of Wayne County, Michigan, dated December 18, 1941, File No 283100, the name of John Piskorowski, one of the complainants in this pro- ceeding, was changed to John Redmond 27 Complainants John Piskorowski, whose pie°sent true and correct name is John Redmond, and Vincent Milioto, were em- ployed by the Respondent during the times mentioned in the complaint herein as furniture finishers in the Upholstering De- partment located in one of the warehouses of the Respondent Complainant Fied L Young was employed by the Respondent during the times mentioned in the complaint hei eun as checking clerk, unpacking and checking meichandise against the invoices in the Third basement in the Respondent's store. 28 The Respondent, the Union, and Fred L. Young waive their respective,rights to a hearing, as provided in Sections 10 (b) and 10 (c) of the Act and waive their respective rights to the makings of findings of fact and conclusions of law by the Boaid other than as to the question of whether the Act is applicable to the Respondent and to the employees of the Respondent under the facts herein set forth 29 It is further stipulated and agreed, subject to the pro- visions of Paragiaph 31 below, that upon the pleadings in the above entitled matters and upon this stipulation the Board may make and issue its order in the following terms. The Respondent, The J L Hudson Company, its officers, agents, successors, and assigns, shall - 1 Cease and desist from (a) Discouraging membership in United Retail, Wholesale and Department Store Employees of America, C I 0., or any other labor organization of its employees, by discriminating in regard to hire, tenure, terms, or other conditions of employ- ment of its employees, or by threats of such discrimination (b) In any other manner interfeinng with, resti aining, or coercing its employees in the exercise of theii right to,self- organization, to bargain collectively through representatives of their own choosing, and to engage in conceited activities for the purposes of collective bargaining of other mutual aid or pro- tection as guaranteed in Section 7 of the Act. 2 The Respondent, its officeis, agents, successors, and assigns shall take the following affirmative action (a) Offer to John Redmond, founeily known as John Pis- korowski, Vincent Milioto, and Fred L Young immediate and THE J L HUDSON COMPANY 549 full reinstatement to their respective formes, or substantially equivalent, positions, without prejudice to their seniority and other rights and privileges (b) Make whole John Redmond, formerly known as John Piskorowski, Vincent Mihoto, and Fred L Young for any loss of pay suffeiecl by reason of the Respondent's discrimination against them, by payment to each of them a sum of money equal to the amount which each of said employees would normally have earned as wages during the period from the date of its discrimination against them to the date of its offer of reinstate- ment, less his net nearings during said period. (c) Post immediately in conspicuous places at its places of business in Detroit, Michigan, and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating : (1) That the Board issued this order, (2) That the Respondent will comply therewith; (3) That it will not engage in conduct from which it is or- dered to cease and desist in Paragraph 1 (a) and 1 (b) of this order, (4) That it will take the affirmative action set forth in Para- graphs 2 (a) and 2 (b) and 2 (c) of this order, (5) That the notices will remain posted for a period of sixty consecutive days from the date of the posting (d) Notify the Regional Director for the Seventh Region of the National Labor Relations Board in wilting within ten days from the date of this order of the measures taken by the Re- spondent to comply therewith 30 It is further stipulated and agreed, subject to the provisions of Paragraph 31 below, that, after the entry of the Board order, the Board may apply to any appropriate Circuit Court of Ap- peals for an order and decree of the Court enforcing the said Board order 31 The Respondent, the Union, and Fred L Young waive all rights to contest the validity and propriety of entry of the above order by the Board and the entry of any enforcement order and decree by any appropriate court, except that the Respondent re- serves to itself the right to be heard in aigument orally and by brief upon the facts herein stipulated before the Board and in any appropriate court on the sole issue of the applicability of,.the Act to the Respondent and to the employees of the Respondent, and the jurisdiction of the Board and such appropriate court to enter against the Respondent the order provided for in Pai agraph 29 of this stipulation 550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 32 This stipulation shall be filed with the Board and 'when so filed, together with the pleadings herein, orders of the Board and orders of the Regional Director, shall constitute the entire record in this case 33 This stipulation is subject to the appioval of the Boaid and shall become effective upon the granting of such approval 34. In the event the Board does not approve this stipulation and does not issue an order hei ern, this stipulation shall be null and void and of no effect, and the above entitled matters shall pioceed to hearing as scheduled or re-scheduled by order of the Board or its agent. 35 This stipulation contains the entire agreement of the patties hereto, and there is no verbal agreement of any kind which varies, alters, or adds to it On June 1, 1942, the Board having duly considered the matter, is- sued its order approving the above stipulation and making it part of the iecord The Board furthei ordered, acting pursuant to Article II, Section 36, of the National Labor Relations Board Rules and Regulations-Series 2 as amended, that the proceedings be transferred to and continued before it Pursuant to notice duly served on all the parties, a heating was held before the Board on June 23, 1942, in Washington, D C, for the purpose of oral argument. The respondent and the Union appeared and presented oral argument on the issue of the Board's jurisdiction and the applicability of the Act to respondent Briefs and reply briefs were submitted by the respondent and the Union in support of their respective positions which the Board has duly considered -Upon the basis of the above stipulation and upon the entire record in the case, the Board makes the following: FINDINOs OF FACT I THE BUSINESS OF THE RESPONDENT The respondent is and has been since September 16, 1895, a cor- poration organized and existing under the laws of the State of Michi- gan with principal offices in Detroit, Michigan It is not licensed to do business in any other State, it is not a subsidiary of any other corpora- tion nor has it any subsidiaries The respondent owns, operates, and maintains a retail department store under the name of The J. L. Hudson Company, hei em called the respondent's store, located at 1206 Woodward Avenue, Detroit, Michigan, and is engaged in the general purchase and resale of various kinds of goods, wares, merchan- dise and commodities, including the following. piece goods (fabrics, patterns, linens, domestics and bedding) ; smallwares (notions, toilet THE J L HUDSON COMPANY 551 articles and drugs, j eweli y, silveiwaie, leather goods, umbrellas, books, stationery, laces and trimmings, neckwear, handkerchiefs, hosiery, gloves, needlework and cameras) ; ready-to-wear (women's and misses' coats, suits, dresses, spoitswear, furs, millinery, shoes, corsets, underwear, and infants', children's and girls' weal) , men's wear (men's clothing, furnishings, hats, shoes, boys' clothing, furnishings and shoes, luggage and sporting goods) ; home furnishings (furniture, floor coverings, di aperies, lamps, china, glassware, housewares, me- chanical equipment, pictures, musical instruments, and toys) ; miscel- laneous (dry groceries, baked goods, candies) The respondent's store is located in a building known as The J. L. Hudson building, situated upon the block bounded by Woodward on the west, Grand River on the north, Farmer Street on the east, and Gratiot Avenue on the south. Part of said building is owned and the remainder leased by the respondent and the respondent's store occupies the entire said building It consists of 24 stories above Pound, 4 basement levels, and mezzanine floors in the third basement, first floor and the 15th' floor Two basement floors, the first floor mezzanine, 11 floors above ground and part of the 12th floor are de- voted to selling The remainder of the floors are devoted to various services, -stockroom and workroom activities. The respondent's store occupies 1,875,337 square feet of space In its business the respond- ent operates and maintains 5 warehouses located in Detroit, Michigan, 3 of which are owned and 2 leased by the respondent, said warehouses having a total of 900,783 square feet of space During the respondent's fiscal year ending January 31, 1942, it em- ployed an average of approximately 8,562 employees of the following classifications sales-3,160; office-685, warehouse-35,- workroom activities-957; delivery department-536, executive's and firm's of- fice-13 ; superintendent's office, research department, training de- partment, hospital, supply department, telephone operators-141; occupancy supervision-7, elevator-126, porters, cleaners and maids -183; watchmen, footmen, maintenance, mechanics, carpenters and painters-108; publicity and adveitismg-95; windows, display and signs-57, merchandise managers and assistants-31, buyers and as- sistants-274, comparison-offices-29; miscellaneous buying-5; receiv- ing-81"; marking-224; stock and clerical-497;' cashiers, inspectors and wrappers-552; package collectors-31; packing-151; floormen and floormen clericals-198; service and transfer desks-75; returned goods room-16, personal telephone and mail shopping service=90; adjustment bureau-158, miscellaneous selling-24, operation of ren- tal properties such as shoppers' parking, etc -23; total-8,562 The respondent at its said store owns, operates and' maintains the following departments (a) 134 retail selling departments; (b) 16 552 DECISIONS OF NATIONAL LABOR RELATIONS BOARD workroom departments which sell direct to customers ,4 (c) 21 work- room departments which service retail departments;' (d) 70 strictly service departments _ In addition to the aforesaid departments there are 8 departments in the respondent's store which the respondent leases to various firms or individuals 6 Under the lease arrangement between the respondent and the lessees, (the terms being substantially the same in all leased departments) the latter furnish for their respective de- partments the necessary merchandise, equipment, material, and em- ployees The respondent furnishes space, housekeeping, wrapping, packing, delivery, accounting and credit The respondent pays to the lessees each month their respective share of the business produced during the preceding month, and for such services and accommoda- tions the respondent receives from the said lessees a percentage of the 4 Pharmacy (both prescription and sale of package pharmaceutical goods During 1941 it prepared over 20,000 prescriptions) , restaurants (five divisions, serving an average of 5,097 persons per day) , soda fountain, baked goods (produced by respondent) , tearoom, shoe repairs and shining, engraving (including repairs of clocks, watches and jewelry) , fur storage and repairing (stores approximately 31,300 coats per year) , hosiery repairs, customer's service (installation and repair of electrical and gas equipment, furnaces, bicycles, lawn mowers, etc , piano tuning, drapery workroom, carpet workroom (includ- ing linoleum , etc , alteration dresses, etc , basement soda fountain and luncheonette , frosted malted 5 Bentliff (needlework at workers' homes) , ribbon, venetian blind, upholstery, busheling, corset, basement corset, furniture finish , store laundry , millinery, children's millinery , basement millinery, multigraph and printing, executive physical culture, reproducing (photostat) , small instrument (band) lamp workroom (assembles lamps) needlework (instruction to customers) picture, self serve (employees only) , executive barber shop e 11'heelan Studio -Owned by Robert Brown Wheelan, an individual, 370 Seventh Avenue, New York City It is located in the First Basement and at that location takes photographs of customers, sells picture frames, colors photographs, and performs other services which are customary in any photographer's studio r - Orange Punch Department-Owned by B V Booth Company, unincorporated, 167 South Main Street, Akron, Ohio It sells Nut Meats and serves a drink called "Orange Punch," which is made on the premises Powder Blending Salon-Owned b5 Tdurneui Powder Blending, a corporation, 136 E 57th Street, New York City It blends powder of various colors and textures to meet the individuals wish of the customer The blending process is (lone on the store premises, much of the time while the customer is present Beauty Parlor -Owned by American Yvette Company, Inc, 111 Eighth Avenue, New York City It is located on the 7th Floor and sells cosmetics, hair preparations, trans- formations and other similar accessories It also sells service, such as manicures, facials, hair cutting, bleaching, hair dressing, permanent waves, scalp treatments, etc Children's Barber Shop -Owned by American Yvette Company, Inc, 111 Eighth Avenue, New York City It is located on the 7th Floor and specializes in cutting children's hair O'Connor Studio -Owned by Inez O'Connor, Harold R Snook, Ethel S Powers and Eugenia O'Connor Adams, a partnership, whose office as well as its place of business in the store is on the 4th Floor It conducts a general photographer s business, takes photographs, sells frames , colors pictures, etc` Candy 'Depai tment -Owned by Fred Sanders, Inc, 100 Oakman, Detroit, Michigin, a corporation It sells candy and nut meats Dry Cleaning Department -Owned by Forest Cleaners & Dyers, a corporation, 534 East Forest, Deficit, Michigan, and operates only in the State of Michigan It spec alizes in cleaning furniture, furs, clothing, rugs, pressing clothes, and making minor repairs at the customer's request I N The lessees of the first 5 enumerated leased departments do business in the State of Michigan and in other States of the United States The lessees of the last 3 enumerated leased departments do business only in the State of Michigan a THE J L HUDSON COMPANY 553 total sales During the respondent's fiscal year, ending January 31, 1942, the said leased departments employed 152 employees The respondent has 36 active trade marks' registered in its name and filed with the U. S Patent Office, Department of Commerce, Washington, D. C , the most important of which, used by the respond- ent in its business, are as follows : Name of trade-mark Department where trade mark me-chandise is sold Da'e of regi^tra- tien Colette---------------------- Women's Hosiery----------------------------------------------- 1930 Sandy Ross----- ----------- Boys' Clothing- - ---------------------------------------------- 1929 U Hall__ _____ ______ _____ Outer Clothing for Men and Young Men----- - --------------- 1929 Corr-------- - ----------- Men's Hats--------------------- - ------------ ------- ------- 1924 Mayfair------ - - --------- Playing Cards---- ------- --- --------- - 1927 Kenmoor---- - -- -------- Men's Clothing---------- -------------------------------- 1923 Rockham------- ----------- Men's Clothing------- - --------- 1925 Bob Briar___________________ Basement, Boys' Clothing ----- - ----- --------------------- 1937 Mickey Martin -___________ Basement, Boys' Clothing----------- - ------__--_----_-_-_-- 1937 Dar% ood ___ _ __ ---------- Men's Shirts-------------------- --- ------------------- - ----- 1938 Aldrich ------------ --------- Men's Clothing------------- --- ----- - - --------------------- 1937 Sturdibilt___________________ Trunks and Luggage---------- -------- - --------------------- 1937 Rockham Sturdihte___-____- Men's Clothing ----------- ----- 1938 Style Crest Shoes------- _-_- women's and Childien s Shoes --------------------------------- 1938 Viking---------------------- Musical Instiuments- -- ------------------------- - ----------- 1938 Zephyi Clothes ------------- Men's Clothing -- ----- -------------------------------------- 1939 Shower Circle --- Raincoats for Women and Misses--- -- 1940 Burwm--------------------- Men's Shirts 1940 Adnenno___ ________________ Women's Footwear--- - ------- - --------------------- - ----- 1941 The total cost of goods, wares, and meichandlse purchased by the iespondent foi use and resale at its depaitment ,stoie in Detroit, Mich- igan, during its fiscal yeas ending January 31, 1942, was $43,864,289 00 Moie than 80 percent in value of such goods, wares and merchandise was shipped to the respondent from points outside the State of Mich- igan Apptoxlmately $306,684 00 • or seven-tenths of 1 peicent in dol- lar value of the goods, wales , and meichandlse shipped from points outside the State of Michigan to the respondent 's store was shipped from foreign countiles The total sales of the respondent during its fiscal year ending Janu- ary 31 , 1942, wet e (a) By departments (59 iwd and operated by the lespondent___- $70,845,615 00 (b) By departments leased to sauons lessees----- ------------- 788,122 00 (c) Total sales----------------------__ _------ $71,633,737 00 During the same period the respondent's sales and shipments to customers and users outside of the State of Michigan were (a) By depaltlncaIs owned and operated by the respondent____ $1,260,918 00 (or 15% of ;;loss sales of respondent's owned depart- rnellts) - 'At the oral argument counsel for respondent admitted that as a condition precedent to the procuial of each trade mark it was necessary for an official of the respondent to make a s'eorn stitemcnt that mespondent was engaged in interstate commerce ' 554, DECISIONS OF NATIONAL. LABOR RELATIONS BOARD (b) By depaitments leased to iaiious lessees------------------ $30, 088 00 (or 38% of gross sales of respondent's leased depart- ments) (c) Total of such sales and shipments to customers and users outside of the State of Michigan ----------------- $1,291,006 00 (oi 16% of the respondent's total sales) By far the greater portion of such $1,291,006 00 of sales shipped out- side of the State of Michigan were made to Detroit customers. Dur- ing the same peiiod the respondent made no sales to foreign countries other than the Dominion of Canada During the same period the re- spondent's sales through its mail order depaitment were $553,84127. Approximately 15 percent of said mail order sales was made to cus- tomers and users outside of the State of Michigan. In its business the respondent owns, operates, and maintains 262 truck automobiles in connection with its delivery system in Detroit and certain other places in the State of Michigan The respondent does not use its own truck automobiles to make deliveiies to places outside of the State of Michigan To import and export goods, wares, and meichandise from and to points outside of the State of Michigan, the respondent uses the fol- lowing common cairiers Parcel Post, Railway Express, Acme Fast Freight, the regular fi eight and interstate truck lines The respondent purchases its heat and power from the Detroit Ed- ison Company, Detroit, Michigan The respondent does not directly or indirectly own of control any souice of supply and does not do business with any source of supply whose output is taken exclusively by it - The respondent finances its business with its own funds During its fiscal year ending Januaiy 31, 1942, the respondent ad- vertised its business and merchandise by newspapeis, periodicals, radio, and diiect mail During said period the cost of respondent's said adveitising was as follows (a) Newspapers published in the State of Michigan------------- $1,422,518 64 (b) Periodicals published in the State of Michigan-------------- 15,189 23 (c) Newspapers published outside the State of Michigan e-------- 622 00 (d) Periodicals published outside the State of Michigan -------- 3,118 84 (e) Radio-------------------- - --------------------- ---------- 24,196 16 (f) Direct mail ----------------------------------------------- 75,620 00 Total---------------------------------------------- $1,541,265 23 8 Christian Science Monitor, Boston, Mass , Windsor Daily Star , Windsor , Ontario, Canada 8 Brides Magazine , New York, N Y , Christian Science Publishing , Boston , Mass , Auto- mobile Guide published by American Auto Ass'n , Washington, D C , Women's Wear Company, New York, N Y , Michigan Farmer, published by Capper Harman Slocum, Cleveland, Ohio -,_ _; y Ti `THE =J i U-t.HUDSON -COMPANY 555 1'he said newspapers and peilodicals-published outside of the State of Michigan and each of the said radio stations by which the respond- ent advertised and is advertising its business, has a coves age of, and carries adveitising to several States othei than the State of Michigan Approximately 15 percent of the said newspapers and petiodicals pub- lished in the State of Michigan by which the respondent advertised and is advertising its business, circulates in and carries advertising to several States other than the State of Michigan The natrie, mode, and extent of operations of the respondent in- cluding the purchases from and sales to places outside of the State of Michigan during its fiscal year ending January 31, 1942, are repre- sentative of the respondent's operations for the several years imme- diately preceding February 1, 1941 - The respondent contends that its business is not subject to the Act because the Act applies only to (1) those engaged do ectly in commerce and (2) those engaged in "industiy," such as manufacturing, produc- tion, and fabrication 10 This contention must be iejected since it is settled that the scope of the Act is not subject to the restrictive inter- pretation the respondent here urges The Supreme Court of the United States and the various Cncuit Courts of Appeals have held that the Act applies to non manutacturing businesses, to transport," news- paper publisher s,12 retail lumber companies,13 laundires'14 sale, of building supplies,75 automobile dealers 16 The respondent further contends that its substantial purchases of goods from out of State and foreign sources which amount to 80 percent of its purchases, or a total of $35,091,431 annually do not con- fer Jurisdiction on the Board The courts have on many occasions held the contrary 1' Even aside from its purchases, the respondent's business is not limit- ed to transactions within the State This is evidenced by its out-of- State sales and shipments which in a fiscal year amounted to approxi- mately $1,260,918 That the percentage of these out-of-State sales is small compaied to its total sales is not controlling 18 We have stated 11 Page 17, respondent 's brief 11 Pennsylvania Greyhound Lines v N L R B, 303 U. S 261, Pacific Gt eyhouua Lines v N L R B, 303 U S 272 12Aseoeiated Ptess v N L R B, 301 U S 10, A S Abell Co v S L R B, 97 F (2) 951 (C C A 4) , Hearsty N L R B, 102 F (2c1) 658 (C C A 9) 1'Subu/ban Lumber Company v N L R B, 121 F (2d) 829 (C C A 3) cent den 314 US693 14 White Swan Co v N L R B, 118 F (2d) 1002 (C C A 4) - "N L R B V Robot tS Gtcon, Inc , 125F (2d) 485 (C C A 4) 11llenty leeaui , The, v N L R B, 115 F (2d) 105 (C C A 1) "Suburban Lumber Company v N L R B, 121 F (2d) 829 (C C A ;), ((ii of it 314 U S 693 , N L R B v Robett S Green, Inc , 125 F ( 2d) 485 (C C A 4, Gen also Newport News Shipbuilding and Dig Dock Company v N L R B, 10, P '2di 1.41 843 (C C A 4) 1e Santa Cr u: Ft utt Packing Co v N L IL B , 303 L S 45 . S L R B 1 Furnbintt, 306 U S 601 . 556 DECISIONS OF NATIONAL LABOR RELATIONS BOARD elsewhere that "The test of the Boaid's jurisdiction is not the percent- age of either purchases or sales made outside the State but the effect thereof on commerce " 19 Moreover, the respondent advertises its products in periodicals published in New York, Massachusetts, Ohio, and the District of Columbia Its mail order department which alone does an annual business of $753,84127, ships 15 percent of the products thus sold to customers out of the State The respondent also contends that a labor dispute among its em- ployees would at most have an indirect effect upon commerce; that a strike of all its employees, causing a cessation of its business and stop- ping the interstate flow of goods into its store and waiehouses would result merely in "a shifting of interstate commerce to other ietail- els." But as the Ciicuit Court of Appeals for the Tenth Circuit has said in Pueblo Gas and Fuel Company v. National Labor Rela- tions Board '211 "The jurisdiction of the Board may not be defeated by the contention that if interstate commerce is disrupted, other means exist whereby it may be cariued on National Labor Relations Board v Bradford Dyeing Ass'n, 310 U S 318, 326, 84 L Ed. 1226, 60 S Ct. 918; Virginia Ry. Co v System Federation, 300 U. S. 515, 557, 57 S Ct 592, 81 L Ed 789; National Labor Relations Board v. Henry Levaur, Inc ,1 Cir , 115 F (2d) 105, 109; Cudahy Packing Co v National Labor Relations Board, 10 CIr , decided January 30, 1941." In the Bradford Dyeing case the court said, " . . it is not ma- terial, as the court below thought, that respondent's customers might be able to secure the same seivices from other Rhode Island proc- essors if a labor dispute should stop the interstate flow of materials to and from respondent's plant" It is equally not material that goods which would have been shipped to respondent might be shipped to other ietail stoies We conclude that the Company is subject to the Act ORDER Upon the basis of the above findings of fact, the above stipulation, and the entice record in the case, and puisuant to Section 10 (c) of the National Laboi Relations Act, the National Labor Relations Board hereby oiders that the respondent, The J. L Hudson Com- pany, Deti oit, Michigan. its officers, agents, successors, and assigns, shall • 1 Cease and desist from (a) Discouraging membership in United Retail, Wholesale and Department Store Employees of America; C I 0, or any other labor organization of its employees, by discriminating in regard to 10 The May Department Stones Company, 39 N L R I 471 20 118 F (2d) 304 (C C A 10) THE J L HUDSON COMPANY 557 hue, tenuie, terms, or other conditions of employment of its em- ployees, or by threats of such discrimination. (b) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self -organiza- tion, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the Act 2 The respondent, its officers, agents, successors, and assigns shall take the following affirmative action (a) Offer to John Redmond, formerly known as John Piskorow ski, Vincent Mihoto, and Fred L Young immediate and full rein- statement to their respective former, or substantially equivalent positions, without prejudice to their seniority and other rights and privileges (b) Make whole John Redmond, formerly known as John Piskorowski, Vincent Mihoto, and Fied L Young for any loss of pay suffered by season of the respondent's discrimination against them, by payment to each of them a sum of money equal to the amount which each of said employees would normally have earned as wages duiing the period from the date of its discrimination against them to the date, of its offer of reinstatement, less his net eaimngs dur- ing said period (c) Post immediately in conspicuous places at its places of busi- ness in Detroit, Michigan, and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating (1) That the Boaid issued this Oidei , (2) Tliat the respondent will comply therewith, (3) That it will not engage in conduct from which it is ordered to cease and desist in Paragiaphs 1 (a) and 1 (b) of this Order; (4) That, it will take the affirmative action set forth in Para- giaphs 2 (a) and 2 (b) and 2 (c)- of this Order (5) That the notices will remain posted for a period' of sixty consecutive days from the date of the posting. (d) Notify the Regional Director for the Seventh Region of the National Labor Relations Board in writing within ten days from the date of this Order of the measures taken by the respondent to* coinph, ilierewith