BRASS RAIL REST. CO. v. PA. LABOR REL. BD

Labor law — Representation of employes by union — Investigation by Pennsylvania Labor Relations Board — Election — Injunction — Pleadings.

In a proceeding in equity by plaintiff-employer to enjoin the Pennsylvania Labor Relations Board from conducting an investigation relative to the representation of plaintiff's employes and from holding an election for this purpose, in which it appeared that plaintiff averred that the union did not claim to represent any of plaintiff's employes and that the Board was acting illegally and without authority; and in which it further appeared that the court below sustained preliminary objections on the grounds that (1) plaintiff's averments as to representation of the union were unjustifiable conclusions under the admitted facts and that a bona fide question of representation existed, (2) plaintiff had failed to exercise and exhaust its statutory right to seek judicial review of the action of the Board, (3) the jurisdiction of the Board had lawfully attached and it was performing no illegal act, and (4) the complaint did not set forth facts entitling plaintiff to equitable relief, it was Held that the decree of the court below should be affirmed.

OPINION PER CURIAM, November 9, 1953:

The decree entered in the Court of Common Pleas, Equity Docket, of Dauphin County is affirmed on the opinion of President Judge RICHARDS. Costs on the appellant.