Appeal, No. 260, Jan. T., 1960, from order of Court of Common Pleas No. 2 of Philadelphia County, Dec. T., 1958, No. 793, in equity, in case of Local 464 American Bakery and Confectionery Workers International Union AFL-CIO et al. v. Hershey Chocolate Corporation et al. Order reversed.
William Fearen, with him Nissley, Cleckner & Fearen, for appellants.
Bernard N. Katz, with him Meranze, Katz & Spear, for appellee.
Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.
OPINION BY MR. JUSTICE BOK.
The plaintiff local union sued the employer for dues which the employer checked off under authority of individual assignments and retained because of this controversy. Since 1939 plaintiff had a collective bargaining agreement concluded with defendant solely by the union's own officers. This agreement was due to expire on the last day of 1958, and nominated plaintiff as the bargaining representative of the employes.
Plaintiff's complaint in equity alleged the following facts:
Plaintiff was first affiliated with the Bakers & Confectionery Workers International Union, hereinafter called the BCW. As a result of hearings by the United States Senate into allegations of improper conduct, BCW was suspended and later expelled from
AFL-CIO, which at the same time created a replacement, the American Bakery & Confectionery Workers International Union, hereinafter called the ABC. Plaintiff voted to disaffiliate from BCW and to join and give all its rights to ABC, and on December 30, 1957, the new affiliation was completed. Thereafter defendant was notified of the change. Plaintiff has continued to deal with defendant, to represent its employes, and to administer the collective bargaining agreement.
In January, 1958, the defendant employer filed with the National Labor Relations Board a petition concerning representation, and, after hearing, an election was held, which plaintiff won. It was accordingly certified by the board as bargaining agent. Plaintiff and defendant then executed a contract supplementary to the collective bargaining agreement and confirming it.
The employer also filed a petition to interplead BCW, which had demanded the checked-off dues, and not only was allowed by order of the court below to retain these dues in a special account but ...