Retail, Wholesale and Department Store Union, Afl-Cio, Local 310 v. National Labor Relations Board and Scioto Downs, Inc.

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).

I

Plaintiff, a Union representing approximately 200 employees of Scioto Downs Corporation, operator of a harness horse racing track in Columbus, Ohio, filed an unfair labor practice charge with the Board, complaining that…