Appeal, No. 71, Jan. T., 1957, from order of Court of Common Pleas of Berks County, Aug. T., 1955, No. 152, in case of Fred G. Hodges Bedding Company v. Pennsylvania Labor Relations Board and Upholsterers' International Union of North America, A.F. of L. Order reversed.
Geo. B. Balmer, with him Raymond C. Schlegel, Charles M. Guthrie, Jr., and Snyder, Balmer & Kershner, for appellant.
M. H. Goldstein, with him Darlington Hoopes, and John J. DiEnno, Jr., for intervenor-appellee.
Oscar S. Bortner, Assistant Attorney General, with him James F. Wildeman, Assistant Attorney General, and Thomas D. McBride, Attorney General, for Pennsylvania Labor Relations Board, appellee.
Before Jones, C.j., Bell, Chidsey, Musmanno, Arnold and Jones, JJ.
OPINION BY MR. CHIEF JUSTICE JONES
The Upholsterers' International Union of North America, A.F. of L., having formally notified the appellant herein, Fred G. Hodges Bedding Company, of Reading, Pa., that the Union represented a majority of the company's employees, requested that it be recognized as the bargaining representative of the employees. Counsel for the company responded that it would not recognize the Union in such capacity until it had been so certified by the National Labor Relations Board. Thereupon the Union filed with that Board a petition seeking certification. However, counsel for the company then advised the regional office of the National Labor Relations Board by letter that, in his opinion, the subject-matter was not within the jurisdiction of the National Board because of the latter's self-imposed limitations on its jurisdiction.*fn1 In consequence,
the field examiner for the Board notified the Union of the company's challenge of the Board's jurisdiction. The Union thereupon withdrew its petition to the National Board and promptly filed a similar petition with the Pennsylvania Labor Relations Board.
At the hearing on the Union's petition before the trial examiner for the State Board, the company saw fit to challenge the jurisdiction of the State Board on the ground that, although the company was excluded from the jurisdictional ambit of the National Board because of the self-imposed restrictions on its jurisdiction, the State Board was nevertheless without jurisdiction of the petition for the reason that under the terms of the National Labor Relations Act the National Board had exclusive jurisdiction in the premises whether or not it chose to exercise it.
The secretary of the company testified at the hearing before the State Board relative to the dollar volume of the company's sales and purchases and the quantum of their respective interstate and intrastate components for the three-year period immediately preceding. This testimony was the basis of unexceptionable findings by the State Board which, summarized, show that, of the company's total sales ranging from $352,000 to $486,000 annually for the years specified, all but a negligible amount had been sold within the State while, of the company's purchases ranging from $218,000 to $270,000 for the same years, 70% to 85%, approximately, had been purchased in interstate commerce. Nonetheless, the State Board held that ...