Appeals from the Order of the Court of Common Pleas of Westmoreland County in case of In the Matter of the Employees of: Jeannette District Memorial Hospital, No. 348 October Term, 1972.
Louis B. Kushner, with him James B. Brown and Rothman, Gordon, Foreman and Groudine, for appellant, Service Employees International Union.
James L. Crawford, Assistant Attorney General, with him James F. Wildeman, Assistant Attorney General, Francis A. Zulli, Assistant Attorney General, and Raymond W. Cromer, Assistant Attorney General, for appellant, Pennsylvania Labor Relations Board.
John H. Hill, with him Nicholas Unkovic, Eric P. Reif, Reed, Smith, Shaw & McClay and, of counsel, B. Patrick Costello and Costello & Berk, for appellee.
Thomas H. Lane, with him John E. Krampf and, of counsel, Morgan, Lewis & Brockius, for amicus curiae, The Hospital Association of Pennsylvania.
Judges Crumlish, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer.
[ 11 Pa. Commw. Page 416]
On November 23, 1971, the Service Employees International Union, AFL-CIO (Union), filed Charges of Unfair Practices with the Pennsylvania Labor Relations Board (Board), asserting that the Jeannette District Memorial Hospital (Hospital) had committed unfair practices in connection with a representation election for 149 hospital employes conducted by the Board on November 18, 1971. A hearing to receive testimony relative to these charges was held on January 12, 1972, before a Hearing Examiner of the Board. On May 10, 1972, the Board issued a Nisi Decision and Order wherein the Board held that the Hospital had committed an unfair labor practice by refusing the Union's request for a list of names and addresses of the employes, in
[ 11 Pa. Commw. Page 417]
violation of Section 1201(a)(1) of the Act of July 23, 1970, P.L. 563, 43 P.S. § 1101.1201(a)(1).*fn1
The Board ordered a second election and the Hospital filed timely exceptions to the Board's order of May 10, 1972. On October 6, 1972, the Board dismissed the Hospital's exceptions and affirmed its Nisi Decision and Order of May 10, 1972. The Hospital appealed to the Court of Common Pleas of Westmoreland County which, by order under date of April 19, 1973, set aside the second election and the Board's final order of October 6, 1972 and ordered that the results of the first election held November 18, 1971, be certified. This appeal followed and we affirm the court below.
The Board's decision was based upon the reasoning of the National Labor Relations Board in the case of Excelsior Underwear Inc., 156 N.L.R.B. 1236 (1966). The Excelsior case involved union objections to the certification of the results of elections that the unions had lost at two companies. The companies had denied the unions a list of the names and addresses of employes eligible to vote. The National Labor Relations Board purported to establish the general rule that ...