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PENNSYLVANIA LABOR RELATIONS BOARD v. NAPOLI. (04/20/59)

April 20, 1959

PENNSYLVANIA LABOR RELATIONS BOARD, APPELLANT,
v.
NAPOLI.



Appeals, Nos. 229, 230 and 231, March T., 1958, from orders of Court of Common Pleas of Westmoreland County, Oct. T., 1957, Nos. 216, 217 and 218, in case of Pennsylvania Labor Relations Board v. August A. Napoli, trading and doing business as Seven-Up Bottling Company. Orders affirmed.

COUNSEL

James F. Wildeman, Assistant Attorney General, with him Yale B. Bernstein and Richard H. Kutz, Assistant Attorneys General, Leon Ehrlich, deputy Attorney General, and Anne X. Alpern, Attorney General, for appellant.

Jack J. Rosenberg and S. Harold Grossman, for appellees.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen and Bok, JJ.

Author: Cohen

[ 395 Pa. Page 302]

OPINION BY MR. JUSTICE COHEN

These appeals were taken by the Pennsylvania Labor Relations Board from decisions of the Court of

[ 395 Pa. Page 303]

Common Pleas of Westmoreland County setting aside the orders made by the board in three companion cases.

In the first case, the board made a decision and order sustaining the charge by the General Teamsters Union, Local 249, AFL-CIO that appellee August A. Napoli, trading and doing business as Seven-Up Bottling Company of New Kensington, (hereinafter called employer), had engaged in unfair labor practices within the meaning of the Pennsylvania Labor Relations Act of June 1, 1937, P.L. 1168, 43 P.S. ยง 211.1 et seq. The second and third cases involved the dismissal by the board of a petition for investigation and certification of representatives which was filed by Brewery and Soft Drink Workers, Local No. 86, of the International Union of United Brewery, Flour, Cereal, Soft Drink and Distillery Workers of America, AFL-CIO. Following these decisions, the employer filed petitions for review of the board's final orders in the Court of Common Pleas of Westmoreland County. The court held that the board had not jurisdiction over the employer and set aside the orders.

The facts are not in dispute. Employer is a distributor of Seven-Up soft drink in New Kensington, Pennsylvania, and is franchised by the Seven-Up Company in St. Louis, Missouri. The franchise agreement provides that employer must purchase its Seven-Up from the St. Louis company. Also, the St. Louis company may cancel the franchise if the employer fails to comply with its policies relating to extract, quality control and cleanliness.

Employer had gross receipts of $102,686.24 from his sales to retail stores, clubs, gas stations and vending machines in New Kensington during 1956. His direct purchases from out-of-state suppliers amounted ...


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