Commonwealth v. Fabrication Specialists, Inc.

383 A.2d 802, 477 Pa. 23, 1978 Pa. LEXIS 856, 97 L.R.R.M. (BNA) 2647
CourtSupreme Court of Pennsylvania
DecidedJanuary 26, 1978
DocketNo. 136
StatusPublished
Cited by8 cases

This text of 383 A.2d 802 (Commonwealth v. Fabrication Specialists, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Fabrication Specialists, Inc., 383 A.2d 802, 477 Pa. 23, 1978 Pa. LEXIS 856, 97 L.R.R.M. (BNA) 2647 (Pa. 1978).

Opinion

OPINION

MANDERINO, Justice.

Appellee, Fabrication Specialists, Inc., is a nonunion shop employing about thirty-five workers. One of appellee’s employees, Gary Vogel, filed a written charge of unfair labor practices with the Pennsylvania Labor Relations Board, alleging appellee violated Section 6(l)(a), (b), (c), and (e) of the Pennsylvania Labor Relations Act. Vogel’s allegations were based on his discharge on the day after he had organized and conducted a meeting with fellow employees for the purpose of forming a grievance committee. The Board issued a complaint to which was attached a copy of Vogel’s charge of unfair labor practices.

After conducting a hearing, the Board found no violation of Section 6(l)(b) or 6(l)(e), but found that appellee had committed unfair labor practices in violation of Section 6(l)(a) and 6(l)(c) of the Act, and ordered Vogel’s reinstatement with back pay. This order was affirmed by the Court of Common Pleas of Berks County. The Commonwealth Court reversed the order of the Court of Common Pleas and we granted the Board’s petition for allowance of appeal.

The Commonwealth Court accepted the Board’s findings of fact, agreeing that there was substantial evidence to support the Board’s conclusion that Vogel had been discharged because he had called a meeting of employees to discuss grievances with respect to working conditions. The Commonwealth Court held, however, that such conduct did not constitute a violation of either Section 6(l)(a) or 6(l)(c). According to the Commonwealth Court, the employer’s conduct constituted an “unfair practice described” by Section 5 of the Act and not by any of the provisions of Section 6. According to the Commonwealth Court, however, appellee [27]*27could not be found guilty of violating Section 5 because it had never been charged with a violation of that Section. The Commonwealth Court therefore reversed the order of the Court of Common Pleas, although in doing so it indicated that had a violation of Section 5 been charged, it would have affirmed an order based on a violation of that section.

We reverse the decision of the Commonwealth Court, for in finding no violation of Section 6, the Court has misconstrued the plain meaning of the Act, and in finding a violation of Section 5 it has created an unfair labor practice where none exists.

The Commonwealth Court erroneously based its decision on Lancaster Yellow C & B v. PLRB, 371 Pa. 49, 88 A.2d 866 (1952). The Lancaster language relied on by the Commonwealth Court is as follows:

“Subsection (1) of Section 6 of the Pennsylvania Labor Relations Act of 1937, as amended, 43 P.S. § 211.6, under which the controversy arises, in six clauses, (a), (b), (c), (d), (e), and (f), defines unfair labor practices by the employer.

Although the strict rules of pleading do not apply to proceedings before an administrative board, (Kochinsky v. Independent Pier Company, 157 Pa.Super.Ct. 15, 18, 41 A.2d 409,) the employer charged with an unfair labor practice is entitled to know which one of the six unfair labor practices enumerated in the act is the basis for the complaint just as the Union is entitled to be specifically apprised as to which one of the five unfair labor practices in the present act it or its constituents may be alleged to have violated together with the possible consequences of a finding of such specific violation.” (Emphasis added.) 371 Pa. at 53 and 59, 88 A.2d at 867 and 868.

The Commonwealth Court correctly read Lancaster as requiring the employer to be specifically notified as to what Subsection of the Act has allegedly been violated. Lancaster, however, provides no support for the Commonwealth Court’s conclusion that Section 5 of the Act describes [28]*28an unfair labor practice. On the contrary, Lancaster points out that Section 6 contains all of the unfair labor practices with which one can be charged. Lancaster held that an employer is entitled to know “which one of the six unfair labor practices enumerated in the act” is charged. Id. 371 Pa. at 59, 88 A.2d at 868. As provided in Section 3(g) of the Act:

“The term ‘unfair labor practice’ means only these unfair labor practices listed in section six of this act.”
“Employes shall have the right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection.” 1937, June 1, P.L. 1168, 43 P.S. § 211.5. (Emphasis added.)

Section 6, on the other hand, specifies those activities which will henceforth be considered unlawful practices if pursued by the employer. Each subsection of Section 6 describes an unfair labor practice in which the employer may not engage. In filing its complaint, the Board complied fully with the requirements of Lancaster that an employer be notified as to the exact charges against it, for not only were the relevant subsections duly charged but the “specification of charges” served on the appellee set forth the particulars of the incident giving rise to the complaint.

The Board found that appellee had committed unfair labor practices under Section 6(l)(a) and 6(l)(c). Section 6(l)(a) provides:

“(1) It shall be an unfair labor practice for an employer— (a) To interfere with, restrain or coerce employes in the exercise of the rights guaranteed in this act.”
43 P.S. § 211.6(l)(a).

The “rights guaranteed in this act” are the rights guaranteed by Section 5, the only section of the Act which makes [29]*29an affirmative grant of rights to employees. The Board found that these rights had been restrained, and the Commonwealth Court’s holding that such a violation required a charge under Section 5 was erroneous. Since these rights were restrained and the proper charge under 6(l)(a) was made, we reinstate the order of the Labor Board finding an unfair labor practice in violation of Section 6(l)(a).

The Commonwealth Court also concluded that no violation of Section 6(l)(c) had been established. It is necessary that a violation of 6(l)(c) be established before the remedy of reinstatement with back pay can be ordered. See § 8(c).

Section 6(l)(c) provides that:

“It shall be an unfair labor practice for an employer — . . . (c) By discrimination in regard to hire or tenure of employment, or any term or condition of employment to encourage or discourage membership in any labor organization.”
43 P.S. § 211.6(l)(c).

“Labor organization” is defined in Section 3(f) of the Act as follows:

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Bluebook (online)
383 A.2d 802, 477 Pa. 23, 1978 Pa. LEXIS 856, 97 L.R.R.M. (BNA) 2647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-fabrication-specialists-inc-pa-1978.