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PENNSYLVANIA LABOR RELATIONS BOARD v. ELK MOTOR SALES COMPANY. (03/18/57)

March 18, 1957

PENNSYLVANIA LABOR RELATIONS BOARD, APPELLANT,
v.
ELK MOTOR SALES COMPANY.



Appeal, No. 263, Jan. T., 1957, from order of Court of Common Pleas of Elk County, June T., 1955, in case of Pennsylvania Labor Relations Board v. Elk Motor Sales Company. Order affirmed; reargument refused April 15, 1957.

COUNSEL

O. S. Bortner, with him James F. Wildeman, Special Deputy Attorney General, and Leon Ehrlich, Deputy Attorney General, for appellant.

Charles Houston, with him Rupprecht & Houston, for appellee.

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

Author: Jones

[ 388 Pa. Page 174]

OPINION BY MR. JUSTICE BENJAMIN R. JONES

The Pennsylvania Labor Relations Board (hereinafter called the Board) has appealed from a final decree of the Court of Common Pleas of Elk County which reversed an order of the Board against appellee and dismissed the Board's petition for enforcement of its order.

Paul R. Baumgratz, a former employee of appellee, filed with the Board a charge of unfair labor practices against the appellee. The Board issued a complaint charging appellee with unfair labor practices in violation of § 6, subsections 1(a) and (c) of the Pennsylvania Labor Relations Act.*fn1 This section, provides,

[ 388 Pa. Page 175]

    inter alia: "(1) It shall be an unfair labor practice for an employer - (a) To interfere with, restrain or coerce employes in the exercise of the rights guaranteed in this act ... (c) By discrimination in regard to hire or tenure of employment, or any term or condition of employment to encourage or discourage membership in any labor organization: ...". Upon appellee's filing an answer to the complaint, a hearing was held before a Board trial examiner. On March 28, 1955, after hearing, the Board issued an order dismissing the charge and complaint. After Baumgratz filed exceptions to this order and after oral argument thereon, the Board directed that a new hearing be held for the stated purpose of clarifying the record. This new hearing was held*fn2 and thereafter on July 15, 1955 the Board issued an order reversing its former order and finding appellee guilty of unfair labor practices. This order directed appellee (1) to cease restraining and coercing his employees in the exercise of their rights to self organization and collective bargaining, (2) to cease discriminating against his employees in regard to tenure of employment with respect to their association with, membership in and activities on behalf of a labor organization, (3) to offer Baumgratz full reinstatement to his former position without prejudice and with full pay and (4) to post a copy of the decision and order and furnish evidence of compliance. After oral argument on appellee's exceptions, the Board entered an order dismissing the exceptions and made final its order of July 15, 1955.

Appellee then filed a petition in the Court of Common Pleas of Elk County to which the Board filed an answer together with a petition for enforcement of its

[ 388 Pa. Page 176]

    order. The court, holding that the Board's findings were not supported by substantial and legally credible evidence as required by the statute, reversed the Board's final order and ...


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