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FABRICATION SPECIALISTS v. PENNSYLVANIA LABOR RELATIONS BOARD (04/02/75)

decided: April 2, 1975.

FABRICATION SPECIALISTS, INC., APPELLANT,
v.
PENNSYLVANIA LABOR RELATIONS BOARD, APPELLEE



Appeal from the Order of the Court of Common Pleas of Berks County in case of Fabrication Specialists, Inc. v. Pennsylvania Labor Relations Board, No. 105 April Term, 1974.

COUNSEL

Jay N. Abramowitch, with him Miller and Murray, for appellant.

Forest N. Myers, with him James F. Wildeman, James L. Crawford and Anthony J. Molloy, Assistant Attorneys General, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Rogers.

Author: Rogers

[ 18 Pa. Commw. Page 253]

Fabricating Specialists, Inc. appeals from an order of the Court of Common Pleas of Berks County dismissing its appeal from, and affirming, the order of the Pennsylvania Labor Relations Board that the appellant cease and desist from certain described activities and reinstate a discharged employe, Gary P. Vogel, with back pay.

The appellant employed about 35 persons in its nonunion metal fabricating shop near Reading. One of the

[ 18 Pa. Commw. Page 254]

    employes, Gary P. Vogel, a fitter, earning, with overtime, from $200 to $250 weekly, was unhappy with his wages and working conditions. On the afternoon of March 5, 1973 Vogel, while at work, invited all of the company's shop employes to a meeting to be held that evening in a private home. Ten persons appeared at the meeting. Vogel described what then occurred as follows:

"Q. How long did this meeting last?

A. Approximately an hour.

Q. Could you give me the general nature of the discussion at the meeting?

A. We discussed all the shop procedures and things that we'd like to have changed and to get a grievance committee. Everyone wanted to change things and we decided to get a grievance committee to submit these things to the company. It would be better than everybody having their own grievances. And we ended the meeting on that, to try and form a grievance committee the following day.

"Q. As I understand your testimony you recessed this meeting and decided that sometime in the future you would form a grievance committee; is that correct?

A. Yes, we wanted to talk to the company the following day.

Q. This was more or less a general group discussion of ...


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