Appeal, No. 59, Jan. T., 1954, from order of Court of Common Pleas of Blair County, June T., 1949, No. 289, in case of Pennsylvania Labor Relations Board v. Puritan Cleaners. Order reversed.
George L. Reed, Special Deputy Attorney General, with him Jesse Hyman, Counsel, M. Louise Rutherford, Deputy Attorney General and Frank F. Truscott, Attorney General, for appellant.
No argument was made nor brief submitted for appellee.
Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE MUSMANNO
On May 16, 1949, the United Mine Workers of America, District No. 50, filed charges with the Pennsylvania Labor Relations Board charging the employer Puritan Cleaners with unfair labor practices within the meaning of Sec. 6, sub-section 1, clauses (a) and (c) of the Pennsylvania Labor Relations Act, (Act of June 1, 1937, P.L. 1168, No. 294, sec. 6, as amended July 7, 1947, P.L. 1445, sec. 1).
Based upon these charges the Board issued a Complaint against the employer Puritan Cleaners, which replied that although a certain employe referred to in the union's charges, (Betty Ringler) had been discharged as the result of disciplinary measures, she had later been reemployed. The Puritan Cleaners also requested an election to determine whether a majority of the employes desired District No. 50 to be their representative for the purposes of collective bargaining.
On June 28, 1949, both the union and the employer entered into a stipulation calling for a withdrawal of the charge of unfair labor practice and the holding of an election to determine the proper collective bargaining
agent. Although the union, in accordance with this stipulation, withdrew its charges of unfair labor practices, the employer filed a notice of disavowal of the stipulation, asserting that a union representative had approached employes promising better positions at higher wages in order to obtain their signatures to union cards.
The Board declined to regard the employer's notice of withdrawal from the stipulation as binding and directed the taking of testimony limited to the introduction into evidence of the payroll list of the Puritan Cleaners as of June 28, 1949. The employer filed exceptions to this order arguing that since it had denounced the stipulation and its petition for an election, the Board was without authority to order an election or to direct the taking of testimony. The exceptions were overruled and the Board directed that its order be executed. The employer then appealed to the Court of Common Pleas of Blair County which upheld the position of the employer and set aside the order of the Pennsylvania Labor Relations Board. This appeal followed.
The decision of the Court of Common Pleas in this matter is not sustainable. The order of the Board was an interlocutory one and not subject to appeal. Sec. 9 (b) of the Pennsylvania Labor Relations Act (43 PS 211.9) declares: "(b) Any person aggrieved by a final order of the board granting or denying, in whole or in part, the relief sought, or by an order certifying a collective bargaining agent of employes, may obtain a review of such order in the court of common pleas of any county where the unfair labor ...