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CRIVELLI BROS. COAL AND BUILDERS SUPPLIES v. PENNSYLVANIA LABOR RELATIONS BOARD. (03/15/56)

March 15, 1956

CRIVELLI BROS. COAL AND BUILDERS SUPPLIES, INC., APPELLANT,
v.
PENNSYLVANIA LABOR RELATIONS BOARD.



Appeal, No. 20, March T., 1956, from order of the Allegheny County Court, No. A-554 of 1955, in case of Crivelli Bros. Coal and Builders Supplies, Inc. v. Pennsylvania Labor Relations Board. Order affirmed; reargument refused May 2, 1956.

COUNSEL

Harry Alan Sherman, for appellant.

James F. Wildeman, Special Deputy Attorney General, with him Ben Paul Jubelirer, Leon Ehrlich, Deputy Attorney General, and Herbert B. Cohen, Attorney General, for appellee.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Bell

[ 385 Pa. Page 2]

OPINION BY MR. JUSTICE BELL

The Pennsylvania Labor Relations Board found that four employes, truck drivers of Crivelli Bros., a corporation engaged in the business of selling at retail coal and building supplies and equipment, were discharged because of their union activities. This finding was based not upon direct testimony but upon an inference from the testimony produced by the employes. This finding was vigorously contested by the

[ 385 Pa. Page 3]

    employer, whose officers vehemently denied the charge and testified that Dean, Walker and Edwards "quit" and that Cimino was discharged for misconduct and neglect of duty, motor vehicle violations, unsatisfactory work, insubordination and improper conduct as an employe. Much of the testimony by or on behalf of the employes was in direct conflict with the strong testimony on behalf of the employer. The employer contends that the evidence was inadequate to establish that the employes were discharged for their union activities. This is the first question involved in the case.

We adopt the following excerpts from the able opinion of Judge KAUFMAN speaking for the Allegheny County Court:

"... Charles Dean, Frank Cimino, William T. Walker and Charles Edwards were regular employes of the employer on and prior to September 27, 1954. The employer had no union or other labor organization connected with its business and had no labor contract with anyone. Shortly before September 27, 1954, the four employes named above had signed membership applications and had joined the union. On September 27, 1954, the officers of employer received information to the effect that the said employes had joined the union, and one of the officers, James P. Crivelli, approached Dean and Cimino and inquired of them whether it was true that they had joined the union. They replied that it was true, and that Walker and Edwards had also joined the union. James Crivelli then attempted to persuade them to withdraw their membership from the union, and he told them that the company was opposed to a union and would not hire union men, ...

"The Board further found that shortly later on the same day a conference was held in the company office between the several ...


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