reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › UNFAIR PRACTICES PROCEEDINGS › Section 95.31 - Charges

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Charges shall
				  be in writing on forms supplied by the Board and shall be signed and sworn to
				  before a person authorized to administer oaths. An original of the charge shall
				  be filed with the Board by one or more public employes, or an employe
				  organization, acting in their behalf, or by a public employer.
(b) The charge shall include the following
				  information:
(1) The name, address, telephone
				  number and affiliation, if any, of the charging party, and the title of a
				  representative filing the charge.
(2) The name, address and telephone number of
				  the respondent, or respondents, and other party named in the charge.
(3) A clear and concise statement of the
				  facts constituting the alleged unfair practice, including the names of the
				  individuals involved in the alleged unfair practice, the time, place of
				  occurrence and nature of each particular act alleged, and reference to the
				  specific provisions of the act alleged to have been violated.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › UNFAIR PRACTICES PROCEEDINGS › Section 95.32 - Amendment of complaints and answers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At the discretion of the Board, upon due
				  notice to parties, a complaint may be amended, in such manner as the Board may
				  deem proper, before the issuance of a final decision and order, if no new cause
				  of action is added after the statute of limitations has run.
(b) A complaint, amended complaint or a part
				  thereof, may be dismissed by the Board on its own motion or a charge may, with
				  the approval of the Board, be withdrawn upon the motion of the complainant
				  before the issuance of a final decision and order, upon due notice to all
				  parties.
(c) Subject to the
				  approval of the hearing examiner or the Board, an answer may be amended upon
				  motion of the filing party before the commencement of the testimony. The motion
				  shall be in writing, unless made at the hearing and before commencement of the
				  testimony. A copy of the motion shall be served upon all parties. In the event
				  the complainant is prejudiced by the amendment, a motion for continuance will
				  be granted.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › UNFAIR PRACTICES PROCEEDINGS › Section 95.33 - Prosecuting authority

Current through Register Vol. 54, No. 28, July 13, 2024
Cases in which complaints are actually issued by the Board
					 shall be prosecuted before the Board, a member of the Board, or its hearing
					 examiner, by the representative of the employe organization or party filing the
					 charge, and, in addition to the charge, or in lieu of it, if the Office of the
					 Attorney General sees fit, by a Deputy Attorney General, especially assigned to
					 this type of case.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › UNFAIR PRACTICES PROCEEDINGS › Section 95.34 - Answers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board
				  recognizes that the primary purpose of pleadings is the formulation of issues.
				  Consequently, rules pertaining to pleadings will be liberally construed to
				  effect that end.
(b) No answer need
				  be filed in representation cases.
(c) The respondent shall, except in charges
				  provided for in section 803 or 1201(b)(6) or (7) of the act (43 P. S. §
											1101.803 or
				  1101.1201(b)(6) or (7)) file
				  an answer to the original or amended complaint within 15 days from the service
				  of the complaint. Answers shall be verified by the person filing them, and
				  shall be filed with the Board at Harrisburg or at its regional offices. Copies
				  of answers shall be served upon the parties to the proceeding. Proof of service
				  of the answer shall be filed with the Board. A party who fails to file an
				  answer or to specifi-cally deny allegations in the complaint shall be deemed to
				  admit only those averments relating to the identity of the parties; all other
				  averments shall be deemed to be denied.
(d) In the discretion of the hearing examiner
				  at the hearing, or in the discretion of the Board, an answer may be amended
				  upon motion of the party filing it, upon due notice to the parties, before the
				  issuance of the final decision and order. The motion must be in writing unless
				  made during the conduct of the hearing.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › UNFAIR PRACTICES PROCEEDINGS › Section 95.35 - New matter in the answer

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Affirmative defenses, including but not limited to the jurisdiction of the
				  Board and statute of limitations, shall be pleaded under the heading of new
				  matter in the answer.
(b)
				  Allegations of new matter in the answer shall be deemed denied without the
				  necessity of a reply.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › UNFAIR PRACTICES PROCEEDINGS › Section 95.36 - Offers of fact and proposals

Current through Register Vol. 54, No. 28, July 13, 2024
At any stage of a proceeding, prior to a hearing, where
					 time, the nature of the proceeding, and the public interest permit, interested
					 parties shall have the opportunity to submit to the Board, or a member or agent
					 of the Board, for consideration facts, arguments, offers of settlement or
					 proposals of adjustment.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › UNFAIR PRACTICES PROCEEDINGS › Section 95.37 - Dismissal

Current through Register Vol. 54, No. 28, July 13, 2024
Petitions and charges shall set forth fully and
					 specifically all the information and facts required by the act, the rules and
					 the forms supplied by the Board. The Board may, upon a failure to comply with
					 this section, dismiss the petition or charge without further
					 proceedings.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › PREHEARING PROVISIONS › Section 95.41 - Service of papers

Current through Register Vol. 54, No. 28, July 13, 2024
Service of papers on a party shall be made personally, by
					 United States mail, or by leaving a copy of the papers with the person then in
					 charge at the principal office or place of business of the person to be served.
					 Where an attorney or representative has entered his appearance under §
										91.2(a) (relating
					 to appearances), complaints, orders and other processes and papers of the Board
					 shall be served on the attorney or representative and need not be served on the
					 party. Service by a party on an attorney or representative who has entered an
					 appearance under §
										91.2(a) may be
					 made personally, by United States Postal Service first-class mail, or where the
					 attorney or representative has approved service by e-mail in an entry of
					 appearance, by e-mail to the e-mail address provided in the entry of
					 appearance.
The provisions of this §
												95.41 amended under section 4(f)
						of the Pennsylvania Labor Relations Act (43 P.S. §
													211.4(f)); and section 502
						of the Public Employe Relations Act (43 P.S. §
													1101.502).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › PREHEARING PROVISIONS › Section 95.42 - Filing of papers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the
				  act, this chapter or an order of the Board requires the filing of a motion,
				  brief, exception or other paper in a proceeding, the document shall be received
				  by the Board or the officer or agent designated by the Board to receive the
				  document before the close of business of the last day of the time limit, if
				  any, for the filing. Exceptions to this requirement will be at the discretion
				  of the Board.
(b) Charges and
				  petitions may be filed with the principal office of the Board in Harrisburg, or
				  with the regional office of the Board in Pittsburgh. Charge and petition forms
				  are available at Board offices.
(c)
Methods of Filing with the Board
.
(1) In person at the principal office of the
				  Board in Harrisburg, or with the regional office of the Board in Pittsburgh. If
				  mailed to the Board through the United States Postal Service or third-party
				  courier, the date of filing shall be the date of receipt by the Board in its
				  Harrisburg or Pittsburgh office.
(2) Except for a Joint Election Request (Form
				  PERA-3), Petition (Form PLRB-13 or Form PERA-4), or other document with a
				  showing of interest, filing by electronic mail by e-mailing a portable document
				  format (PDF) file of the scanned complete signed document, including
				  attachments and exhibits thereto, to the Board at the Board's designated e-mail
				  address. The date of filing of an e-mailed document shall be the date of
				  receipt by a Board officer or agent in accordance with subsection
				  (a).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › PREHEARING PROVISIONS › Section 95.43 - Notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board will
				  give notice of election at least 10-calendar days before the date of the
				  election. The notice will include a description of the bargaining unit, the
				  form of the ballot, the times and places where the election is to be held, and
				  a list of names of those eligible to vote or reference to the places where the
				  list shall be filed and available for inspection.
(b) Notices may be posted by the Board
				  officer or the Board may direct the employer to post such notices and orders
				  and make a return of the posting.
(c) Notices shall be posted at the place of
				  business of the employer at locations where employes in the requested unit
				  work. The Board may post or order the public employer to post the other orders
				  and notices as it may deem necessary or appropriate.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › PREHEARING PROVISIONS › Section 95.44 - Interventions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Motions to
				  intervene shall be in writing, specify the grounds for intervention, be signed
				  and verified, and a copy shall be served upon the parties to the proceedings.
				  Proof for motions to intervene shall be filed with the Board.
(b) In representation proceedings, the
				  hearing examiner may, subject to §
										95.11 (relating to request for
				  certification) permit public employers, public employes and employe
				  organizations to participate as parties without formal intervention, upon a
				  showing of good cause which reasonably prevented them from having filed a
				  timely motion to intervene.
(c) The
				  Board or a member of the Board, or the hearing examiner, as the case may be,
				  may, by orders, permit intervention in person, by counsel, or by other
				  representative to the extent and upon the terms as they may deem
				  proper.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › PREHEARING PROVISIONS › Section 95.45 - Continuances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Motions for a
				  continuance made prior to a hearing shall be in writing, shall be filed with
				  the Board at Harrisburg, and shall set forth the reasons for a continuance and
				  the position of all parties or their representatives to the request. The motion
				  may not be acted upon by the Board unless it is filed at least 72 hours prior
				  to the hearing, and the ruling of the Board shall be final. Upon good cause
				  shown, the 72 hour provision or the necessity of a written motion may be waived
				  at the discretion of the Board.
(b)
				  Conflicting engagements of counsel, whether before a court of record or an
				  administrative tribunal, shall normally not constitute sufficient grounds for a
				  continuance of any proceeding before the Board, unless the date for the
				  appearance of counsel in the conflicting engagement was fixed before receipt of
				  notice of the proceeding before the Board.
(c) Agreement of counsel may not of itself be
				  sufficient cause for the granting of a continuance.
(d) At a hearing, the hearing examiner
				  subject to the approval of the Board, may continue the hearing from day to day,
				  or to adjourn it to a later date or a different place, by announcement of the
				  change at the hearing or by other appropriate notice.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › PREHEARING PROVISIONS › Section 95.46 - Prehearing conferences

Current through Register Vol. 54, No. 28, July 13, 2024
In representation, decertification and unfair practice
					 proceedings the Board, on its own motion or upon the written request of either
					 party, may designate a member or hearing examiner to meet with the parties at a
					 time mutually convenient to all, to conduct a prehearing conference for the
					 purpose of delineating the issues and, to the extent possible, agree on the
					 facts, matters or procedures as will facilitate and expedite the hearings,
					 elections or adjudication of the issues.
This section cited in 34 Pa. Code §
												95.56 (relating to voters with a
						disability).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › ELECTIONS › Section 95.51 - Election process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Elections
				  will be by secret ballot, at times, places and in the manner the Board or the
				  Board Representative may direct, and will be conducted by a designated agent of
				  the Board, whose determination of questions arising shall be final, subject to
				  review by the Board or the Board Representative.
(b) Ballots will be prepared and issued by
				  the Board. Ballots will contain the name of each representative and a choice of
				  "no representative." The place of priority on the ballot will be determined by
				  the chronological filing or appearance on the dockets of the Board but with the
				  petitioner taking first priority. In a runoff election, the place of priority
				  will be determined by the sequence appearing on the ballot at the prior
				  inconclusive election.
The provisions of this §
												95.51 amended under section 502 of
						the Public Employe Relations Act (43 P. S. §
													1101.502); section 4(f) of the Pennsylvania
						Labor Relations Act (43 P. S. §
													211.4(f)); and the act of
						June 24, 1968 (P. L. 237, No. 111) (43 P. S. §§
													271.1-271.12).
This section cited in 34 Pa. Code §
												93.18 (relating to
						elections).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › ELECTIONS › Section 95.52 - Procedures for onsite elections

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Watchers
. Each party to the election will be entitled to be
				  represented by one watcher at each polling place or by additional watchers as
				  the parties may agree, subject to limitations as the Board or its authorized
				  agent may prescribe. Watchers for all parties shall be employes eligible to
				  vote. However, if the employer is unable to find an individual on the list of
				  eligible voters who is willing to serve as a watcher, the employer may choose a
				  nonsupervisory or other appropriate person. If the unit includes supervisors,
				  the parties may use as watchers persons who function at the same level of
				  supervision.
(b)
Polling
				  area
. Before the commencement of an onsite election, the agent of the
				  Board will designate the polling area. No electioneering of any kind may take
				  place within this area. A violation of this requirement by any party or its
				  agent may be ground for setting aside the election.
The provisions of this §
												95.52 amended under section 502 of
						the Public Employe Relations Act (43 P. S. §
													1101.502); section 4(f) of the Pennsylvania
						Labor Relations Act (43 P. S. §
													211.4(f)); and the act of
						June 24, 1968 (P. L. 237, No. 111) (43 P. S. §§
													271.1-271.12).
This section cited in 34 Pa. Code §
												93.18 (relating to
						elections).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › ELECTIONS › Section 95.53 - Procedures for mail ballot elections

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Ballot packet
. Each
				  eligible voter will be mailed a packet containing a ballot, a ballot envelope,
				  a preaddressed stamped return envelope and instructions. The return envelopes
				  will have a key number assigned to each voter to assist identification at the
				  ballot count.
(b)
Instructions
. The instructions will direct the voter to mark
				  the ballot in secret placing an "X" in the square of the desired choice without
				  identifying the voter. The ballot shall then be folded, inserted into the
				  ballot envelope, the ballot envelope sealed and inserted into the return
				  envelope. The return envelope shall be sealed and the voter shall sign his name
				  in the box provided on the reverse of the sealed return envelope. The
				  instructions will also advise the voter of the date, established in the
				  election order, by which return envelopes must be received by the Board to be
				  canvassed.
(c)
Duplicate
				  packets
. The posted election order will advise voters of a date by
				  which voters who do not receive an election packet should contact the Board at
				  the address or telephone number provided to receive a duplicate packet. The
				  duplicate packets will contain the materials referenced in subsection (a) and
				  be key numbered to prevent casting of more than one ballot by a
				  voter.
(d)
Ballot
				  count
. Returned ballots will be kept secure by the Board and remain
				  unopened in their return envelopes until the date set for counting the ballots.
				  Either by mail before the ballot count, with a copy to all parties, or at the
				  ballot count, each party and the Board shall have an opportunity to challenge
				  any ballots prior to the opening of the return envelopes. Appropriately
				  challenged ballots will not be tallied and will remain in their return
				  envelopes for subsequent proceedings and identification if necessary. Ballots
				  which have not been challenged will be compared to the eligibility list,
				  removed from the return envelope and the return envelopes destroyed. The
				  ballots will then be commingled while remaining sealed in ballot envelopes. The
				  ballot envelopes will then be opened and the results tabulated.
The provisions of this §
												95.53 amended under section 502 of
						the Public Employe Relations Act (43 P. S. §
													1101.502); section 4(f) of the Pennsylvania
						Labor Relations Act (43 P. S. §
													211.4(f)); and the act of
						June 24, 1968 (P. L. 237, No. 111) (43 P. S. §§
													271.1-271.12).
This section cited in 34 Pa. Code §
												93.18 (relating to
						elections).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › ELECTIONS › Section 95.54 - Voter eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Employes who are hired and working in the payroll period immediately preceding
				  issuance of the order directing the election shall be eligible to vote in the
				  election, if they remain employed when the election takes place.
(b) The order directing election will have
				  attached a voter eligibility list which will be all those employes in the unit
				  found appropriate. The eligibility list is not dispositive if eligibility of
				  voters is disputed by a party.
The provisions of this §
												95.54 amended under section 502 of
						the Public Employe Relations Act (43 P. S. §
													1101.502); section 4(f) of the Pennsylvania
						Labor Relations Act (43 P. S. §
													211.4(f)); and the act of
						June 24, 1968 (P. L. 237, No. 111) (43 P. S. §§
													271.1-271.12).
This section cited in 34 Pa. Code §
												93.18 (relating to
						elections).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › ELECTIONS › Section 95.55 - Challenged voters

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  prospective voter may be challenged for cause.
(b) Employes whose names do not appear upon
				  the list certified by the Board as being a complete list of the employes within
				  the defined appropriate unit will be challenged by the agent of the
				  Board.
(c) A challenged voter shall
				  vote but the ballot will not be canvassed. At an onsite election, the
				  challenged ballot will be sealed in a separate, unmarked envelope under the
				  supervision of the agent of the Board, inserted in a special identifiable form
				  envelope provided by the Board for that purpose, and returned to the Board
				  agent. A challenged mail ballot will remain in the return envelope until its
				  validity is determined, if necessary.
The provisions of this §
												95.55 amended under section 502 of
						the Public Employe Relations Act (43 P. S. §
													1101.502); section 4(f) of the Pennsylvania
						Labor Relations Act (43 P. S. §
													211.4(f)); and the act of
						June 24, 1968 (P. L. 237, No. 111) (43 P. S. §§
													271.1-271.12).
This section cited in 34 Pa. Code §
												93.18 (relating to
						elections).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › ELECTIONS › Section 95.56 - Voters with a disability

Current through Register Vol. 54, No. 28, July 13, 2024
The Board and the parties will provide an opportunity to
					 vote with reasonable accommodation to a voter who because of a physical
					 disability is unable to participate in an election in the manner directed in an
					 election order. Voters with a physical disability who require assistance should
					 contact the Board at either 1601 Labor and Industry Building, Seventh and
					 Forster Streets, Harrisburg, Pennsylvania 17120, (717) 787-1091, or 1513
					 Pittsburgh State Office Building, Pittsburgh, Pennsylvania 15222, (412)
					 565-5318. Either prior to or during the prehearing conference conducted under
					 §
										95.46 (relating to prehearing
					 conferences) or as otherwise directed by an agent of the Board, the parties to
					 the election shall inform the Board of the circumstance of a disabled voter to
					 allow a ballot to be made available to the voter to be marked and returned to
					 the Board in time for the ballot count. An eligible voter, party or agent of a
					 party to the election may not render assistance to a voter with a
					 disability.
The provisions of this §
												95.56 amended under section 502 of
						the Public Employe Relations Act (43 P. S. §
													1101.502); section 4(f) of the Pennsylvania
						Labor Relations Act (43 P. S. §
													211.4(f)); and the act of
						June 24, 1968 (P. L. 237, No. 111) (43 P. S. §§
													271.1-271.12).
This section cited in 34 Pa. Code §
												93.18 (relating to
						elections).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › ELECTIONS › Section 95.57 - Objections to the Board's conduct of election

Current through Register Vol. 54, No. 28, July 13, 2024
Objections to the conduct of a Board agent regarding the
					 election shall be filed within 5 working days of the final tally of
					 votes.
The provisions of this §
												95.57 amended under section 502 of
						the Public Employe Relations Act (43 P. S. §
													1101.502); section 4(f) of the Pennsylvania
						Labor Relations Act (43 P. S. §
													211.4(f)); and the act of
						June 24, 1968 (P. L. 237, No. 111) (43 P. S. §§
													271.1-271.12).
This section cited in 34 Pa. Code §
												93.18 (relating to elections); and
						34 Pa. Code §
												95.59 (relating to election
						results).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › ELECTIONS › Section 95.58 - Unfair practices in connection with election

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Objections
. Objections
				  to the conduct of a party to the election seeking a new election shall be filed
				  as a charge of unfair practices within 5 working days of the final tally of
				  votes. Charges of unfair practices which do not seek as a remedy the conduct of
				  a new election shall be filed within the 6-week limitation period of section
				  9(e) of the Pennsylvania Labor Relations Act (43 P. S. §
											211.9(e)) or the 4-month
				  limitation period of section 1505 of the Public Employe Relations Act
				  (43
				  P. S. §
											1101.1505), as
				  applicable.
(b)
Blocking
				  charges
. If charges of unfair practices are filed before the conduct
				  of an election, the Secretary of the Board or the hearing examiner shall have
				  discretion to block the further processing of a petition seeking an election if
				  the alleged unfair practice, if proved, would likely prevent a fair and free
				  election. The charging party shall have the right to waive the blocking nature
				  of the charges of unfair practices with prejudice to its right to seek a new
				  election based upon the allegations in the charge of unfair
				  practices.
The provisions of this §
												95.58 issued under section 502 of
						the Public Employe Relations Act (43 P. S. §
													1101.502); section 4(f) of the Pennsylvania
						Labor Relations Act (43 P. S. §
													211.4(f)); and the act of
						June 24, 1968 (P. L. 237, No. 111) (43 P. S. §§
													271.1-271.12).
This section cited in 34 Pa. Code §
												93.18 (relating to elections); and
						34 Pa. Code §
												95.59 (relating to election
						results).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › ELECTIONS › Section 95.59 - Election results

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In elections
				  where challenged ballots affect the election outcome and objections under
				  §
										95.57 (relating to objections to
				  the Board's conduct of election) or unfair practices under §
										95.58 (relating to unfair
				  practices in connection with election), or both, have been filed, the Board
				  will first resolve the challenged ballots which may render moot charges of
				  unfair practices or election objections.
(b) Each party will be permitted to observe
				  the canvass of the ballots.
The provisions of this §
												95.59 issued under section 502 of
						the Public Employe Relations Act (43 P. S. §
													1101.502); section 4(f) of the Pennsylvania
						Labor Relations Act (43 P. S. §
													211.4(f)); and the act of
						June 24, 1968 (P. L. 237, No. 111) (43 P. S. §§
													271.1-271.12).
This section cited in 34 Pa. Code §
												93.18 (relating to
						elections).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › COLLECTIVE BARGAINING IMPASSE › Section 95.61 - Fact-finding panels

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
				  Bureau of Mediation notifies the Board of the failure of the parties to have
				  reached an agreement within the time provided by the act, the Board may appoint
				  a fact finding panel consisting of either one or three members.
(b) If the Board is requested by a school
				  entity or employe organization to appoint a fact-finding panel under section
				  1122-A(a)(2) of the Public School Code of 1949 (24 P. S. §
											11-1122-A), the Board will appoint a
				  fact-finding panel which may consist of either one or three members.
(c) If a school entity and employe
				  organization mutually agree to fact-finding under section 1122-A(a)(3) of the
				  Public School Code of 1949, the Board will appoint a fact-finding panel which
				  may consist of either one or three members.
(d) The Board may appoint a fact-finding
				  panel under section 1122-A(a)(4) of the Public School Code of 1949 which may
				  consist of either one or three members.
(e) Immediately following the appointment,
				  the Board will notify the panel members and all parties of the appointment,
				  requesting the panel to proceed with the holding of hearings, giving due notice
				  of the time and place of the hearing in writing to all parties.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › COLLECTIVE BARGAINING IMPASSE › Section 95.62 - Filing of issues

Current through Register Vol. 54, No. 28, July 13, 2024
Within 5 days of receipt of notice from the panel, the
					 parties shall file with the panel written statements of the issues in dispute,
					 a copy of the current collective bargaining agreement, if any, and a summary of
					 the position of the party regarding each unresolved issue. A copy of the
					 statements shall be served upon the other party. The matters to be considered
					 by the panel should be limited to those set forth in the
					 statements.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › COLLECTIVE BARGAINING IMPASSE › Section 95.63 - Hearings and report

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The hearings
				  before the panel are private. While the panel need not insist upon adherence to
				  the legal rules of evidence, it shall, however, base its findings of fact and
				  recommendations upon reliable and credible evidence produced at the
				  hearings.
(b) The panel shall
				  conduct evidentiary hearings as required. For purposes of hearing, the
				  fact-finding panel shall have the power to direct the time, place, course and
				  conduct of the hearings, administer oaths and affirmations, examine witnesses
				  and documents, take testimony and receive evidence, and issue subpoenas to
				  compel attendance of witnesses and the production of papers and records
				  relevant to the matters before the panel. Costs associated with obtaining a
				  hearing room will be borne by the parties.
(c) The panel shall issue its findings of
				  fact and recommendations in writing to the parties and thereafter make them
				  public in accordance with the provisions of law.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › COLLECTIVE BARGAINING IMPASSE › Section 95.64 - Fact finding and arbitration compensation

Current through Register Vol. 54, No. 28, July 13, 2024
The Board will maintain a list of candidates available for
					 service on the panels to be appointed. Prior to the appointment, fact finders
					 shall have filed with the Board a resume of their qualifications and requested
					 fees for services to be rendered. The services provided by the fact finders
					 shall be compensated in accordance with a schedule of rates approved by the
					 Board.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › COLLECTIVE BARGAINING IMPASSE › Section 95.65a - Arbitration for school entities and their employes

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Voluntary binding
				  arbitration.
Notwithstanding the provisions of the act of July 9, 1992
				  (P. L. 403, No. 88) (Act 88), which amended the act, a school entity and an
				  employe organization may submit an impasse to voluntary binding arbitration
				  under section 804 of the act (43 P. S. §
											1101.804) with the proviso that a decision of
				  the arbitrators which would require legislative enactment to be effective shall
				  be considered advisory only.
(b)
Compensation for arbitrators under Act 88.
(1) The partisan arbitrators selected by the
				  parties under section 1124-A(1) of the Public School Code of 1949
				  (24
				  P. S. §
												11-1124-A) and the impartial
				  arbitrator selected under section 1124-A(2) shall be compensated for purposes
				  of section 1124-A(3)(ii) in accordance with a schedule of rates approved by the
				  Board at a regularly scheduled meeting. Once adopted, the schedule of rates and
				  costs shall continue in effect until redetermined by the Board. Compensation
				  for partisan arbitrators selected under section 1124-A(1) in excess of the
				  Board approved schedule of rates shall be borne solely by the party which
				  selected the arbitrator.
(2) Within
				  30 days of the completion of the arbitration process, the impartial arbitrator
				  and partial arbitrators, if any, shall submit to the Board a detailed statement
				  of the costs, setting forth the dates and time spent in hearing and preparation
				  of the award.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › COLLECTIVE BARGAINING IMPASSE › Section 95.66 - Impasses involving court employes, guards at prisons and mental institutions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Impasses involving units of guards at prisons or mental hospitals or units of
				  employes directly involved with the functioning of courts of this Commonwealth,
				  unresolved by the intervention of mediation, shall be submitted to arbitration
				  under section 805 of the act (43 P. S. §
											1101.805). The Bureau of Mediation shall
				  notify the Board of an impasse and the need for invoking arbitration.
(b) Prior to appointment, arbitrators shall
				  have filed with the Board a resume of their qualifications and requested fees
				  for services to be rendered. The services provided by arbitrators will be
				  compensated in accordance with a schedule of rates approved by the
				  Board.
(c) The impartial arbitrator
				  chosen under section 806(1) or (2) of the act (43 P. S. §
											1101.806(1) or (2)) shall
				  notify the Board of the selection or appointment prior to assuming duties as
				  third member and chairperson.
(d)
				  Third member arbitrators chosen under section 806(1) or (2) of the act
				  (43
				  P. S. §
											1101.806(1) or
				  (2)) will be compensated by the Board. See
				  43
				  P. S. §
											1101.806(a).
				  Within 30 days of completion of the arbitration process, the third member
				  arbitrator shall submit to the Board a detailed statement of costs, plus
				  expenses, setting forth the dates and time spent in research, hearing and
				  preparation of the report. The Board will periodically determine a schedule of
				  rates and costs for these purposes at a regularly scheduled meeting. The
				  schedule will be published and made of record and continue in effect until
				  redetermination by the Board.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › COLLECTIVE BARGAINING CONTRACTS › Section 95.71 - Collective bargaining contracts

Current through Register Vol. 54, No. 28, July 13, 2024
Copies of collective bargaining contracts entered into
					 between a public employer and a certified employe representative following the
					 issuance of a certification shall be filed with the Board within a period of 30
					 days after the date of the execution of the collective bargaining
					 contracts.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › AUTHORITY OF SECRETARY AND EXECUTIVE DIRECTOR › Section 95.81 - Authority of Secretary and Executive Director

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Secretary of the Board or the
				  Executive Director of the Board will have authority to issue notices or orders
				  of the Board and to certify copies of all papers and documents which are a part
				  of the files or records of the Board.
(b) The Secretary of the Board or the
				  Executive Director of the Board will have authority to issue orders directing
				  and fixing time and place of initial hearings in representation cases and to
				  issue orders directing and fixing time and place of initial hearings regarding
				  objections and exceptions to the Board's conduct of a representation
				  election.
(c) The Secretary of the
				  Board or the Executive Director of the Board will have authority to determine
				  whether complaints will issue in unfair practice cases.
(d) At any time subsequent to the issuance of
				  a complaint and prior to the issuance of a proposed decision under §
										95.91(k)(1)
				  (relating to hearings), the Secretary of the Board or the Executive Director of
				  the Board will have the authority to hold in abeyance or rescind complaints and
				  to dismiss unfair practice charges upon failure of the charging party to show
				  cause, upon request by the Secretary of the Board or the Executive Director of
				  the Board, why further proceedings are required to effectuate the policies of
				  the act.
The provisions of this §
												95.81 issued under section 4(b) of
						the Pennsylvania Labor Relations Act (43 P. S. §
													211.4(b)); and the Public
						Employe Relations Act (43 P. S. §§
													1101.101-1101.2301).
This section cited in 34 Pa. Code §
												93.20 (relating to authority of
						secretary).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › PROVISIONS FOR FORMAL PROCEEDINGS › Section 95.91 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Hearings shall
				  be open to the public unless otherwise ordered by the Board.
(b) Hearings shall be conducted by a hearing
				  examiner designated by the Board. During the course of the proceeding, the
				  Board may designate a new hearing examiner to take the place of the hearing
				  examiner previously designated to conduct the hearing.
(c) The transcript of the testimony in
				  hearings will become part of the record if no objections to the transcript are
				  filed with the Board within 15 days after its deposit in the United States
				  mail. The postmark shall be conclusive evidence of the date of mailing.
				  Objections shall specify the matter objected to and the relief sought. The
				  Board may order a hearing on the objections. The Board will make an order that
				  may be necessary to conform the transcript to the occurrences at the hearing;
				  and the conformed transcript will then be certified by the official
				  stenographer, will be filed of record in the case, will be treated as official
				  and part of the record for purposes of review upon appeal, and will be
				  considered as prima facie accurate whenever thereafter offered in
				  evidence.
(d) Motions made during a
				  hearing and objections with respect to the conduct of a hearing, including
				  objections to the introduction of evidence, shall be stated orally and shall be
				  included in the stenographic report of the hearing. Final argument shall not be
				  included in the stenographic report unless the hearing examiner shall so
				  direct.
(e) If a motion to dismiss
				  or preliminary objections challenging the jurisdiction of the Board are
				  advanced, the hearing may be limited to testimony and evidence relating thereto
				  prior to proceeding with testimony on the merits.
(f) The hearing examiner shall have full
				  authority to control the conduct and procedure of the hearing and the record
				  thereof, to admit or exclude testimony or other evidence, and to rule upon
				  motions and objections subject to review by the Board.
(g) The hearing examiner shall see that a
				  full inquiry is made into the matters in issue and to obtain a complete record
				  of facts necessary for a fair determination of the issues by the
				  Board.
(h) The hearing examiner may
				  do any of the following:
(1) Call and examine
				  witnesses.
(2) Direct the
				  production of papers or other matter present in the hearing room.
(3) Exclude irrelevant or immaterial
				  testimony.
(4) Introduce
				  documentary or other evidence.
(5)
				  Take action during the progress of a hearing which will properly effectuate the
				  policy of the act.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › PROVISIONS FOR FORMAL PROCEEDINGS › Section 95.92 - Contemptuous conduct

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Contemptuous
				  conduct shall be ground for exclusion from the hearing, and the refusal of a
				  witness to answer questions which have been ruled to be proper shall be ground
				  for striking out all testimony previously given by the witness on related
				  matters. Misconduct of an aggravated character, when engaged in by an attorney
				  or other representative of a party, shall be ground, after due notice and
				  hearing, for suspension or disbarment by the Board from further practice before
				  it.
(b) Subsection (a) supersedes 1
				  Pa. Code §§
										31.27 and
				  31.28 (relating to contemptuous
				  conduct; and suspension and disbarment).
This section cited in 34 Pa. Code §
												93.31 (relating to
						hearings).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › PROVISIONS FOR FORMAL PROCEEDINGS › Section 95.95 - Witnesses and subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Witness
				  and mileage fees shall be paid by the party at whose instance the witnesses are
				  called, which fees shall be the same as those paid in the courts of the
				  Commonwealth. Subpoenas shall be issued and enforced in accordance with the
				  act.
(b) Subsection (a) supersedes
				  the provisions of 1 Pa. Code §
										35.139 (relating to fees of
				  witnesses) and supplements 1 Pa. Code §
										35.142 (relating to
				  subpoenas).
This section cited in 34 Pa. Code §
												93.31 (relating to
						hearings).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › PROVISIONS FOR FORMAL PROCEEDINGS › Section 95.96 - Exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No exceptions
				  may be filed to orders directing elections issued by the Board Representative
				  under §
										95.91(k)(2) 
				  (relating to hearings), orders directing the canvassing of challenged ballots,
				  final orders or procedural orders of the Board or its designated
				  agents.
(b) When an election has
				  been held, the Board Representative will issue a nisi decision and order
				  stating findings on the conduct and results of the election and will certify
				  the representative that has been designated, certify the results of the
				  election or issue another appropriate order as the facts of the case may
				  warrant.
The provisions of this §
												95.96 issued under section 4(b) of
						the Pennsylvania Labor Relations Act (43 P. S. §
													211.4(b)); and the Public
						Employe Relations Act (43 P. S. §§
													1101.101-1101.2301).
This section cited in 34 Pa. Code §
												93.31 (relating to hearings); and
						34 Pa. Code §
												95.98 (relating to decisions of
						the Board).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › PROVISIONS FOR FORMAL PROCEEDINGS › Section 95.97 - Motions for withdrawal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Motions
				  for withdrawal of charges or petitions made before or after hearing and based
				  upon settlements between employers, employes or their respective
				  representatives, will not be considered unless filed with the Secretary of the
				  Board in writing or otherwise of record; and, if requested by the Secretary of
				  the Board, the reasons for withdrawal shall be stated.
(b) Motions for withdrawal of charges or
				  petitions may be made orally during the progress of a hearing. The reasons for
				  withdrawal, if requested by the hearing examiner, shall be stated on the
				  record. The decision on the motions will be reserved for the Secretary of the
				  Board.
(c) A charge or petition may
				  not be withdrawn without the consent of the Secretary of the Board.
(d) Subsections (a)-(c) supersede 1 Pa. Code
				  §
										35.51 (relating to withdrawal of
				  pleadings).
The provisions of this §
												95.97 issued under section 4(b) of
						the Pennsylvania Labor Relations Act (43 P.S. §
													211.4(b)); and the Public
						Employe Relations Act (43 P.S. §§
													1101.101-1101.2301).
This section cited in 34 Pa. Code §
												93.31 (relating to
						hearings).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › PROVISIONS FOR FORMAL PROCEEDINGS › Section 95.98 - Decisions of the Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Exceptions to a hearing examiner decision
. Filing of
				  statements of exceptions to a hearing examiner decision will be as follows:
(1) A party may file with the Board within
				  20-calendar days of the date of issuance with the Board an original of a
				  statement of exceptions and a supporting brief to a proposed decision issued
				  under §
											95.91(k)(1)
				  (relating to hearings) or a nisi order issued under §
											95.96(b)
				  (relating to exceptions) certifying a representative or the results of an
				  election. Exceptions will be deemed filed in accordance with §
											93.12 (relating to service and
				  filing of papers) or §
											95.42 (relating to filing of
				  papers), or on the date deposited in the United States mail, as shown on a
				  United States Postal Form 3817 Certificate of Mailing enclosed with the
				  statement of exceptions. The statement of exceptions shall:
(i) State the specific issues of procedure,
				  fact or law, or other portion of the proposed decision to which each exception
				  is taken.
(ii) Identify the page or
				  part of the decision to which each exception is taken.
(iii) Where possible, designate by page
				  citation or exhibit number the portions of the record relied upon for each
				  exception.
(iv) State the grounds
				  for each exception.