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CENTRAL HARDWARE CO. v. NLRB

No. 70-223.

407 U.S. 539 (1972)

92 S.Ct. 2238

33 L.Ed.2d 122

CENTRAL HARDWARE CO. v. NATIONAL LABOR RELATIONS BOARD ET AL.

Supreme Court of United States.

Decided June 22, 1972.

Attorney(s) appearing for the Case

Ronald L. Aylward argued the cause for petitioner. With him on the briefs was Keith E. Mattern.

Norton J. Come argued the cause for respondent National Labor Relations Board. With him on the brief were Solicitor General Griswold and Peter G. Nash. Bernard Dunau argued the cause for respondent Retail Clerks Union Local 725. With him on the brief was Carl L. Taylor.

Briefs of amici curiae urging reversal were filed by Lawrence M. Cohen, Jerry Kronenberg, Gerard C. Smetana, and Alan Raywid for the American Retail Federation, and by Phil B. Hammond for Levitz Furniture Corp.

J. Albert Woll, Laurence Gold, and Thomas E. Harris filed a brief for the American Federation of Labor and Congress of Industrial Organizations as amicus curiae urging affirmance.

MR. JUSTICE POWELL delivered the opinion of the Court.

Petitioner, Central Hardware Co. (Central), owns and operates two retail hardware stores in Indianapolis, Indiana. Each store is housed in a large building, containing 70,000 square feet of floor space, and housing no other retail establishments. The stores are surrounded on three sides by ample parking facilities, accommodating approximately 350 automobiles. The parking lots are owned by Central, and are maintained...

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