Opinion
January 14, 1958.
April 21, 1958.
Labor law — Pennsylvania Labor Relations Board — Findings of fact — Necessity for substantial evidence — Court of common pleas — Review — Order — Discretion — Pennsylvania Labor Relations Act.
In this case in which it appeared that an employer appealed from an order of the Pennsylvania Labor Relations Board directing that it cease and desist from interfering with, restraining and coercing its employes in the exercise of rights guaranteed by the Pennsylvania Labor Relations Act of 1937, P.L. 1168, as amended, and ordering the employer to bargain collectively with a union; and it also appeared that in an election involving only four employes the union was selected as their bargaining agent, that the union thereafter endeavored to bargain for all employes, and that there was no substantial and legally credible evidence to sustain the findings of coercion or of refusal to bargain or of unfair labor practice, it was Held that (1) the court below had properly set aside the unsupported findings of the Pennsylvania Labor Relations Board and (2) had properly ordered it to consider the employer's determination petition.
Mr. Justice MUSMANNO dissented.
Mr. Justice COHEN took no part in the consideration or decision of this case.
Argued January 14, 1958. Before JONES, C. J., BELL, CHIDSEY, MUSMANNO and JONES, JJ.
Appeal, No. 264, Jan. T., 1957, from order of Court of Common Pleas No. 1 of Philadelphia County, Dec. T., 1956, No. 521, in case of Pennsylvania Labor Relations Board v. William Battersby's Sons Corporation. Order affirmed.
Same case in court below: 12 Pa. D. C.2d 47.
Proceedings on appeal by employer from order of Pennsylvania Labor Relations Board.
Order entered sustaining appeal, and case remanded to board, opinion by KUN, P. J. Pennsylvania Labor Relations Board appealed.
James F. Wildeman, Assistant Attorney General, with him Richard H. Kutz, Herbert N. Shenkin, Assistant Attorneys General, Leon Ehrlich, Deputy Attorney General, for Pennsylvania Labor Relations Board, Appellant. Ivan Michaelson Czap, with him I. Bernard Fenner, for appellee.
Order affirmed on the able opinion of President Judge KUN, which is reported in 12 Pa. D. C.2d 47.
Mr. Justice MUSMANNO dissents.
Mr. Justice COHEN took no part in the consideration or decision of this case.