— Pursuant to the order of November 5, 1951, of your honorable court in the above case (in the Supreme Court as of January term, 1951, no. 255) to consider appellants’ petition for dissolution of the injunction which we granted, because of the averment that appellees had sold their business, and to make our recommendation thereon with the return of the record, the following action was taken:
On November 13, 1951, on presentation of defendants’ motion to dissolve, we granted a rule on plaintiffs to show cause why the final decree entered by us on June 28, 1951, should not be dissolved, directing that copies of the motion and rule be served on the purchasers of the business from plaintiffs, and on any employes of plaintiffs who are still employed at the same place of business. This rule was made returnable November 26,1951. An answer to the motion and rule was filed by the new owners of the business, averring that 16 persons previously employed by original plaintiffs and protected by our final decree, are still employed at the same place of business. Thereafter, petitions to intervene were filed by the present owners of the business and by the 16 employes who were employed by plaintiffs, whose rights were involved in the litigation, and continued in such employment by the purchasers and present owners of the business. The rules on both these petitions were made returnable on December 3,1951, to which date the rule on defendants’ motion to dissolve was advanced. Argument on the motion to dissolve and petitions to intervene was heard on that date, and briefs were submitted contra defendants’ motion to dissolve and in support of the petitions to intervene. Leave was given to defendants to file their briefs within a week.
It will be observed that the decree runs in favor of the employes as well as their former employers. Indeed, the employes were in a sense, and still are, the real parties in interest, because it was the unlawful conduct of defendants and their efforts to coerce the employes to form a branch of defendant union, which the employes resisted, which gave rise to the entire controversy, resulting in unlawful and coercive acts directed against original plaintiffs, the employers, calculated to compel them to coerce their employes to join the union. Defendants had no controversy or basis for controversy with the employers themselves. The bill filed was based largely on alleged violations by defendants of the Pennsylvania Labor Relations Act of 1937, as amended. The employes could have intervened in the original proceedings as parties-plaintiff, but seeing that their employers were conducting litigation on their behalf, there was no need for them to do so. Had they sought to intervene as parties-plaintiff, leave to do so could not have been denied.
In Erdman v. Mitchell, 207 Pa. 79, it was the employes who filed the bill, and intimidation and coercion of them and their employers was enjoined. In the case before us it was the employers who filed the bill and we
Findings of fact and conclusions of law were made by the court in respect to the rights of the employes, just as they were in respect to the rights of plaintiffs, which were the basis for giving the employes the protection of the decree. In a ease like this there is a community of interests between the employer and employes to be free from coercion to deal with a union, whether such freedom is vouchsafed by statute or by decisions of courts. The contention of defendants that because the proceedings were not instituted by the State Labor Relations Board, different rules of law or equity must be applied, is without merit. General equity jurisdiction in such cases is not restricted by the Labor Relations Act: Wildbank et ux. v. Chester & Delaware Counties Bartenders’, Hotel and Restaurant Employees Union et al., 360 Pa. 48. Certainly so far as the employes are concerned, the decree is not moot. It is very much alive and very much required to protect them against the invasion of their right to work under such terms and conditions as they see fit, without the intimidation, coercion and molestation they were subjected to, as found by the court. We believe the employes have a clear right to intervene to protect their rights under the decree.
There appears to be some question of the right of plaintiffs’ successors to intervene, but there is authority to support the right, considering the quasi-public character of the litigation. We do not think their intervention would introduce “new issues” in the case, as argued by defendants, and the authorities cited by them on that point have no bearing on the case. No new issues are sought to be put into the case. The purpose is simply to maintain the status quo fixed by
On the basis of the foregoing considerations, we recommend that defendants’ motion to dissolve the injunction should be refused. The record is herewith returned to the Supreme Court with the addition of defendants’ motion to dismiss, the answer thereto, and the two petitions to intervene.
