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PENNSYLVANIA LABOR RELATIONS BOARD v. HELLER (05/02/61)

May 2, 1961

PENNSYLVANIA LABOR RELATIONS BOARD
v.
HELLER, APPELLANT (NO. 1).



Appeal, No. 60, March T., 1961, from order of County Court of Allegheny County, No. A397 of 1960, in case of Pennsylvania Labor Relations Board v. Burt Heller et al. Order affirmed; reargument refused June 22, 1961.

COUNSEL

Lloyd F. Engle, Jr., with him Royston, Robb & Leonard, for appellants.

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

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

Author: Musmanno

[ 404 Pa. Page 178]

OPINION BY MR. JUSTICE MUSMANNO.

Johnny Moore, a presser for the Esquire One-Hour Valet, a dry-cleaning establishment in Pittsburgh, filed an unfair labor practice charge against his employers (Burt Heller, Morris H. Heller and Bessie J. Heller, trading and doing business as Esquire One-Hour Valet), charging that they had discharged him on April 4, 1959, because of union activities, thus violating Sec. 6, sub-section 1, clauses a and c of the Pennsylvania Labor Relations Act.

The Pennsylvania Labor Relations Board, found, after hearing, that the employers had violated the law in discharging Moore for his efforts to organize for the Laundry & Dry Cleaners International Local Union, 141, AFL-CIO, and ordered his reinstatement with pay, less what he had earned during the period he was out of work.

[ 404 Pa. Page 179]

After the exceptions filed by the employers were dismissed by the board, the employers appealed to the County Court of Allegheny County which sustained the board and said: "Without attempting to enumerate in detail the testimony from the voluminous record taken at the hearings before the Board to substantiate its findings and conclusions and guided by the above principles governing review by this Court, suffice it to say that there is substantial and legally credible evidence to support the Board. We are, therefore, obliged to sustain the decision and final order of the Pennsylvania Labor Relations Board in these cases."

On appeal to this Court the employers contend that Moore was discharged not for union activities but because of improper conduct toward female employees in the establishment. Moore testified to a conversation he had had with Burt Heller, manager of the establishment: "I worked four hours that day and it was time to go home, when I went to collect my pay Mr. Heller says, 'Do you have a few minutes?' I says, 'Yes.' Then he walked back, he and I together, just the two of us, to the checking desk and he says, 'Johnny, I can't have you here any longer.' I says, 'What's the matter?' He says, 'For intimidating the girls.' I said, 'What do you mean?' He said, 'you know you are receiving telephone calls, organizing for the union. I can't have you here any longer.'"

The appellants argue that since Moore admitted "intimidating" girls, the second portion of the conversation regarding organizing for the union was "an obvious afterthought which originated after his discharge." Whether Moore was telling the whole truth about his conversation with Heller was a question for the board to decide, the matter of credibility on factual disputes being strictly within its province. In support of ...


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