Opinion
May 28, 1959.
June 30, 1959.
Labor law — Employes — Seniority rights — Collective bargaining agreement — Supercession by later agreement — Laches.
In this action in equity by former employes of the corporate defendants seeking reinstatement, in which it appeared that the plaintiffs claimed certain seniority rights under collective bargaining agreements entered into in 1949 and in 1951 between the employers and a labor union and that the seniority rights created in such agreements had been superseded by a 1957 collective bargaining agreement approving a consolidated seniority list, it was Held that (1) the plaintiffs were bound by the 1957 agreement of their union acting as their agent and had no rights under the no longer existing earlier agreements, and (2) under the circumstances plaintiffs were guilty of laches.
Before JONES, C. J., BELL MUSMANNO, McBRIDE, JJ.
Appeal, No. 75, March T., 1959, from order of Court of Common Pleas of Allegheny County, July T., 1958, No. 739, in case of Raymond Kern et al. v. Duquesne Brewing Company of Pittsburgh et al. Order affirmed.
Same case in court below: 17 Pa. D. C.2d 299.
Equity. Before McNAUGHER, P. J.
Order entered sustaining defendants' demurrer and dismissing complaint. Plaintiffs appealed.
James A. Ashton, for appellants.
Paul J. Heenan, with him Mead J. Mulvihill, Jr., and James C. Larrimer, for corporate appellees.
George J. Schafer, with him Schafer and Schafer, for union, appellee.
The order of the Court of Common Pleas of Allegheny County in this case is affirmed on the excellent opinion by President Judge McNAUGHER, reported in 17 Pa. D. C.2d 299.