Radzievich Economy Markets Case

Supreme Court of PennsylvaniaMar 17, 1958
391 Pa. 618 (Pa. 1958)

January 7, 1958.

March 17, 1958.

Labor law — Pennsylvania Labor Relations Board — Findings — Judicial review — Scope of review — "Unfair" employer — Right to secret ballot — Pennsylvania Labor Relations Act.

1. In this proceeding to review a decision of the Pennsylvania Labor Relations Board, arising out of the Board's petition for enforcement of its decision and order finding the employer guilty of an unfair labor practice and the employer's appeal from the decision of the Board, in which it appeared that the fact findings of the Board were supported by substantial and legally credible evidence, it was Held that (1) in view of the provisions of the Act of June 1, 1937, P. L. 1168 as amended by the Act of June 9, 1939, P. L. 293, § 9 (b) the findings were conclusive and (2) in view of § 7 (c) of the Pennsylvania Labor Relations Act, as amended, the Board was under a mandatory duty to grant an "unfair" employer's request for a secret ballot.

2. Upon judicial review, it is the duty of the court to determine whether the findings of the Pennsylvania Labor Relations Board are supported by the substantial and legally credible evidence required by the Act of June 1, 1937, P. L. 1168, as amended by the Act of June 9, 1939, P. L. 293, § 9 (b), and whether the conclusions deduced therefrom are reasonable and not capricious.

3. Under § 7 (c) of the Pennsylvania Labor Relations Act of June 1, 1937, P. L. 1168, as amended by the Act of June 9, 1939 P. L. 293, § 1, the Pennsylvania Labor Relations Board must provide for a secret ballot concerning the representation of employes upon the request of either party to the controversy.

Before JONES, C. J., BELL, CHIDSEY, MUSMANNO and JONES, JJ.

Appeal, No. 49, Jan. T., 1958, from order of Court of Common Pleas of Schuylkill County, Jan. T., 1957, No. 179, in the matter of the employes of Radzievich Economy Markets, Inc. Order affirmed.

Same case in court below: 11 Pa. D. C.2d 669.

Proceedings on appeal by employer from decision of Pennsylvania Labor Relations Board, and petition of board for enforcement of its decision.

Order entered returning record to board for purpose of holding election, and granting board's request for enforcement, opinion by STAUDENMEIER, J. Board appealed.

James F. Wildeman, Assistant Attorney General, with him Richard H. Kutz, Assistant Attorney General, Leon Ehrlich, Deputy Attorney General, and Thomas D. McBride, Attorney General, for appellant.

Walter Sidoriak, with him Stutzman, Lewis and Sidoriak, for appellee.


The order of the court below is affirmed on the opinion of Judge STAUDENMEIER, 11 Pa. D. C.2d 669. Costs of this appeal to be paid equally by the employer and the Board.