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PENNSYLVANIA LABOR RELATIONS BOARD v. LOOSE. (03/13/61)

March 13, 1961

PENNSYLVANIA LABOR RELATIONS BOARD, APPELLANT,
v.
LOOSE.



Appeal, No. 73, Jan. T., 1961, from order of Court of Common Pleas of Montgomery County, Nov. T., 1959, No. 644, in case of Pennsylvania Labor Relations Board v. H. Stanley Loose, trading as Baederwood Grille. Order affirmed.

COUNSEL

James F. Wildeman, Assistant Attorney General, with him Raymond Kleiman, Assistant Attorney General, and Anne X. Alpern, Attorney General, for Pennsylvania Labor Relations Board, appellant.

Thomas E. Waters, Jr., with him Donald A. Gallagher, and Waters, Cooper & Gallagher, for appellee.

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

Author: Jones

[ 402 Pa. Page 621]

OPINION BY MR. CHIEF JUSTICE JONES.

H. Stanley Loose, trading as Baederwood Grille, operated a restaurant in Jenkntown, Montgomery County, where, in August, 1957, he employed in his kitchen unit eleven persons consisting of a chef, cooks, sandwich-salad men and dishwashers. As a result of a six to five vote of these employees at a representation election, the Pennsylvania Labor Relations Board on August 15, 1957 (the dates are important as will later appear), certified the Chefs, Cooks, Pastry Cooks and Assistants Union, Local 111, affiliated with the Hotel and Restaurant Employes and Bartenders International Union, A.F.L.-C.I.O., as the collective bargaining agent of the employees in the employer's kitchen unit. Negotiations between the Union and Loose were entered upon with a view to arriving at a collective bargaining agreement, but without success.

On July 30, 1958, the Union filed with the Labor Relations Board a charge against Loose of unfair labor practices and, as a consequence, the Board two days later issued a complaint thereon against him. On October 27, 1959, the Board, by a two to one decision,

[ 402 Pa. Page 622]

    held that Loose had interfered with his employees in the exercise of their rights within the meaning of Section 6(1)(a) of the Pennsylvania Labor Relations Act of June 1, 1937, P.L. 1168, No. 294, as amended, 43 PS § 211.6(1)(a), and had refused to bargain collectively with the representative of his employees within the meaning of Section 6(1)(e) of the Act, 43 PS § 211.6(1)(e), and ordered him, inter alia, to cease and desist from engaging in these unfair labor practices and, upon request, to bargain collectively with the Union as the exclusive representative of the employees of his designated unit.

Loose petitioned the Court of Common Pleas of Montgomery County for a review of the Board's order; the Board, in turn, petitioned the court for enforcement of the order. On June 16, 1960, the court entered an order setting aside the Labor Board's order and denying the Board's petition for its enforcement. The matter is now before us on the Board's appeal.

Certification of a collective bargaining representative by the Labor Board "shall be binding for a period of one year, or for a longer period if the contract so provides, even though the unit may have changed its labor organization membership." Section 7(c) of the Pennsylvania Labor Relations Act, as amended, 43 PS § 211.7(c). The effect of this provision is to create for a period of one year a duty upon the employer to bargain in good faith with the certified representative of his employees. At the expiration of a yearly period, however, in the absence of a contract providing otherwise, the employer's duty to bargain with the certified representative ceases, and he may then question the representative's ...


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