Appeal, No. 301, Jan. T., 1962, from order of Court of Common Pleas No. 5 of Philadelphia County, June T., 1961, No. 5202, in case of Pennsylvania Labor Relations Board v. Three Chefs, Inc. Motion to dismiss appeal denied; order affirmed.
Robert D. Ronco, Assistant Attorney General, with him Raymond Kleiman and James F. Wildeman, Assistant Attorneys General, and David Stahl, Attorney General, for Pennsylvania Labor Relations Board, appellant.
Richard Rosenbleeth, with him Samuel P. Lavine, and Steinberg, Steinbrook, Lavine & Gorelick, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. JUSTICE ROBERTS
This appeal arises from the dismissal by the Court of Common Pleas No. 5 of Philadelphia County of a complaint brought before, and sustained by, the Pennsylvania Labor Relations Board (Board). A charge was filed with the Board in December, 1960, by the Waiters and Waitresses Union, Local 301, Hotel and Restaurant Workers and Bartenders International Union, AFL-CIO (Union), alleging that appellee Three Chefs, Inc. (Employer), a restaurant, had engaged in unfair labor practices, as defined in Section 6(1)(a) and (c) of the Pennsylvania Labor Relations Act (Act),*fn1 by interfering with the rights of self-organization
of its employees and discriminatorily discharging employees for union activity. The Employer denied the charges and countercharged that the Union itself had committed an unfair labor practice by intimidating employees into signing union membership cards in violation of § 6(2)(a),*fn2 and urged that the complaint of the Union be dismissed pursuant to § 10.1.*fn3
The Board, on June 2, 1961, found that the Employer's offer of union wages to striking workers who would return to work without union representation was an unfair labor practice under § 6(1)(a), and ordered the posting of a notice to employees.*fn4 The Board also found that there was no discriminatory discharge of employees. However, no finding was made with respect to the employer's defense of unfair labor practices by the Union. The Employer's exceptions to the
nisi decision were dismissed and the order made final on August 7, 1961. (Exceptions filed by the Union were also dismissed.) From this disposition, the Employer appealed to the court of common pleas. Argument was heard on November 27, 1961, and on March 30, 1962, the appeal was sustained and the complaint dismissed. Hence, this appeal by the Board.
Prior to the institution of this unfair labor practice charge before the Board, the Employer had filed a complaint in equity (November, 1960) to enjoin the Union picketing. A preliminary injunction was granted on April 19, 1961, and a permanent injunction on November 28, 1961. Three Chefs, Inc. v. Waiters' and Waitresses' Union, Local 301, A.F. of L., 28 Pa.D. & C.2d 257 (C.P. Phila. Co. 1962). The chancellor there held that the picketing had as its purpose ...