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RETAIL, WHOLESALE & DEPT. STORE UNION v. N.L.R.B.

No. 83-3622.

745 F.2d 358 (1984)

RETAIL, WHOLESALE AND DEPARTMENT STORE UNION, AFL-CIO, LOCAL 310, Plaintiff-Appellant, v. NATIONAL LABOR RELATIONS BOARD and Scioto Downs, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 3, 1984.

Attorney(s) appearing for the Case

Gordon G. Hobson (argued), Columbus, Ohio, for plaintiff-appellant.

Aileen A. Armstrong, Corinna Metcalf, Washington, D.C. (argued), for N.L.R.B.

John Chester, Rodrick H. Willcox (argued), Chester, Saxbe, Hoffman & Willcox, Jonathan M. Norman, Columbus, Ohio, for Scioto Downs.

Before KENNEDY, Circuit Judge; PHILLIPS, Senior Circuit Judge; and WOODS, District Judge.

PHILLIPS, Senior Circuit Judge.

This appeal arises out of the long-standing decision of the National Labor Relations Board not to assert jurisdiction over the horse and dog racing industries. This has been the policy of the Board since its creation. New York Racing Association, Inc. v. NLRB, 708 F.2d 46, 48 (2d Cir.), cert. denied, ___ U.S. ___, 104 S.Ct. 276, 78 L.Ed.2d 256 (1983).

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Plaintiff, a Union...

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