Retail Clerks Union Local 779 v. Lerner Shops of Florida, Inc.

(dissenting). — The record here shows that Lerner Shops of Florida, Inc., for a period of approximately four years prior to its filing suit in the lower court, operated a store at 30 East Flagler Street in the City of Miami, Florida, where ladies’ ready-to-wear was sold, and gave employment to twenty-four sales ladies; the business was managed by a Mr. Barney Fleisher, sales manager, and the superior executive was Mr. Leon Gottleib, of New York City. The twenty-four clerks employed in this business were non-union labor.

During the months of April or May, 1938, eight of the clerks employed in…