reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 83 - WELFARE OF APPRENTICES › Section 83.1 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The act
				authorizes and directs the Council to adopt rules and regulations to promote
				the furtherance of standards of apprenticeship and training to safeguard the
				welfare of apprentices, to bring together employers and labor for the
				establishment of programs of apprenticeship, and to cooperate with Federal and
				State agencies which carry on programs related to apprenticeship.
(b) The purpose of this chapter is to set
				forth labor standards to safeguard the welfare of apprentices and to extend the
				application of such standards by prescribing policies and procedures concerning
				the registration of acceptable apprenticeship programs with the Department of
				Labor and Industry, Apprenticeship and Training Council. These labor standards
				and procedures cover the registration, cancellation and deregistration of
				apprenticeship programs and of apprenticeship agreements and matters relating
				thereto.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 83 - WELFARE OF APPRENTICES › Section 83.3 - Eligibility and procedures for Council registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No apprenticeship program or agreement
				shall be eligible for Council registration unless the following apply:
(1) It is in conformity with the requirements
				of the chapter, and the training is in an apprenticeable occupation having the
				characteristics set forth in §
										83.4 (relating to criteria for
				apprenticeable occupations).
(2) It
				is in conformity with the requirements of Chapter 81 (relating to equal
				opportunity in apprenticeship programs).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 83 - WELFARE OF APPRENTICES › Section 83.4 - Criteria for apprenticeable occupations

Current through Register Vol. 54, No. 28, July 13, 2024
An apprenticeable occupation is a skilled trade which
				  possesses all of the following characteristics:
(1) It is customarily learned in a practical
				way through a structured, systematic program of on-the-job, supervised
				training.
(2) It is clearly
				identified and commonly recognized throughout an industry.
(3) It involves manual, mechanical or
				technical skills and knowledge which require a minimum of 2,000 hours of
				on-the-job work experience, not including the hours spent on related
				instruction.
(4) It requires
				related instruction to supplement on-the-job training. Such instruction may be
				given in a classroom or through correspondence courses.
(5) It involves the development of skill
				which is not restricted in application to products of any one company, but
				which is broad enough to be applied in like occupations throughout an
				industry.
This section cited in 34 Pa. Code §
											83.3 (relating to eligibility and
					 procedure for Council registration.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 83 - WELFARE OF APPRENTICES › Section 83.6 - Apprenticeship agreements

Current through Register Vol. 54, No. 28, July 13, 2024
The Apprenticeship Agreement shall contain the following
				  provisions:
(1) Names and signatures
				of the contracting parties, apprentice and the program sponsor or employer, and
				the signature of a parent or guardian if the apprentice is a minor.
(2) The date of birth of the
				apprentice.
(3) Name and address of
				the program sponsor and registration agency.
(4) A statement of the trade or craft in
				which the apprentice is to be trained, and the beginning date and term of
				apprenticeship.
(5) A statement
				showing the number of hours to be spent by the apprentice in work on the job
				and the number of hours to be spent in related and supplemental instruction
				which is recommended to be not less than 144 hours per year.
(6) A statement setting forth a schedule of
				the work processes in the trade or industry divisions in which the apprentice
				is to be trained and the approximate time to be spent at each
				process.
(7) A statement of the
				graduated scale of wages to be paid the apprentice and whether or not the
				required school time shall be compensated.
(8) A statement providing for a specific
				period of probation during which the apprenticeship agreement may be terminated
				by either party to the agreement upon written notice to the registration
				agency.
(9) A statement providing
				that, after the probationary period, the agreement may be cancelled at the
				request of the apprentice, or may be suspended, cancelled, or terminated by the
				sponsor for good cause, with due notice to the apprentice and a reasonable
				opportunity for corrective action, and with written notice to the apprentice
				and to the Council of the final action taken.
(10) A reference incorporating as part of the
				agreement the standards of the apprenticeship program as it exists on the date
				of the agreement and as it may be amended during the period of the
				agreement.
(11) A statement that
				the apprentice will be accorded equal opportunity in all phases of
				apprenticeship employment and training without discrimination because of race,
				color, religion, national origin, sex and nonjob related disability.
(12) Name and address of the Pennsylvania
				Apprenticeship and Training Council as the agency to receive, process and make
				disposition of controversies or differences arising out of the apprenticeship
				agreement when the controversies or differences cannot be adjusted locally or
				resolved in accordance with the established trade procedure or applicable
				collective bargaining provisions.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 83 - WELFARE OF APPRENTICES › Section 83.7 - Deregistration of Council registered programs

Current through Register Vol. 54, No. 28, July 13, 2024
Deregistration of a program may be effected upon the
				  voluntary action of the sponsor by a request for cancellation of the
				  registration or upon reasonable cause by the Council instituting formal
				  deregistration proceedings in accordance with the provisions of this
				  chapter.
(1)
Request by
				sponsor.
Upon a written request by the sponsor, the Council may cancel
				the registration of an apprenticeship program by written acknowledgment of the
				request stating, but not limited to, the following matters:
(i) That the registration is cancelled at the
				request of the sponsor and giving the effective date of the
				cancellation.
(ii) That within 15
				work days of the date of the acknowledgment, the sponsor shall notify
				apprentices of the cancellation and the effective date, and that the
				cancellation shall automatically deprive the apprentice of individual
				registration.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 83 - WELFARE OF APPRENTICES › Section 83.8 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 10 days
				of receipt of a request for a hearing under §
									83.7 (relating to deregistration
				of Council registered programs), the Council will give reasonable notice of the
				hearing by registered mail, return receipt requested, to the appropriate
				sponsor. The notice shall include the following provisions:
(1) A reasonable time and place of
				hearing.
(2) A statement of the
				provisions of this chapter under which the hearing is to be held.
(3) A concise statement of the matters under
				which the action forming the basis of the hearing is proposed to be
				taken.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 83 - WELFARE OF APPRENTICES › Section 83.9 - Reinstatement of program registration

Current through Register Vol. 54, No. 28, July 13, 2024
An apprenticeship program deregistered under the act or this
				  chapter may be reinstated upon presentation of adequate evidence that the
				  apprenticeship program is operating in accordance with the act and this
				  chapter. The evidence shall be presented to the Council if the sponsor had not
				  requested a hearing or an order of deregistration was entered pursuant to a
				  hearing.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 83 - WELFARE OF APPRENTICES › Section 83.10 - Complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A controversy
				or difference arising under an apprenticeship agreement which cannot be
				resolved locally or which is not covered by a collective bargaining agreement
				may be submitted by an apprentice or authorized representative to the Council
				for review. Matters covered by a collective bargaining agreement shall be
				submitted and processed in accordance with the procedures therein
				provided.
(b) The complaint shall
				be in writing, signed by the complainant and submitted by the apprentice or an
				authorized representative within 60 days of receipt of the final local
				decision. The complaint shall set forth the specific problem, including
				relevant facts and circumstances. Copies of pertinent documents and
				correspondence shall accompany the complaint.
(c) The Council will render an opinion within
				90 days after receipt of the complaint based upon the investigation of the
				matters submitted as may be found necessary and the record before it. During
				the 90 day period, the Director will make reasonable efforts to effect a
				satisfactory resolution between the parties involved. If so resolved, the
				parties will be notified that the case is closed. When an opinion is rendered,
				copies will be sent to interested parties.
(d) Nothing in this section may operate to
				prohibit the apprentice from electing to resort to any form or procedure, other
				than that of the registration agency, that may be available for the disposition
				of the complaint, or to institute appropriate court proceedings.
(e) This section does not apply to a
				complaint concerning discrimination or other equal opportunity matters. Those
				complaints shall be submitted and resolved under Chapter 81 (relating to equal
				opportunity in apprenticeship programs).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 83 - WELFARE OF APPRENTICES › Section 83.11 - Reciprocity

Current through Register Vol. 54, No. 28, July 13, 2024
Apprenticeship programs and agreements shall be registered
				  under this chapter upon request of the sponsor with proof of registration
				  elsewhere when they comply with the following:
(1) They do not include the building or
				construction industry.
(2) They
				have a joint apprenticeship committee on a multistate basis.
(3) They are registered with either the
				Bureau of Apprenticeship and Training, United States Department of Labor or any
				other "recognized" State Apprenticeship Agency or Council under
				29 CFR
				29.12.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 91 - PRIVATE AND PUBLIC EMPLOYEES › GENERAL PROVISIONS › Section 91.1 - Records and dockets

Current through Register Vol. 54, No. 28, July 13, 2024
The official dockets and original papers pertaining to
					 proceedings before the Labor Relations Board shall be kept at the principal
					 office of the Board in Harrisburg.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 91 - PRIVATE AND PUBLIC EMPLOYEES › GENERAL PROVISIONS › Section 91.2 - Appearances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An attorney or
				  other representative desiring to participate in a proceeding before the Labor
				  Relations Board (Board) or a designated agent of the Board, and who wishes to
				  be served with papers, shall file an appearance either by letter, or by a form
				  provided by the Board or by oral request at the hearing. The entry of
				  appearance shall indicate whether the attorney or representative will allow
				  other parties to serve papers filed with the Board by e-mail and, if so,
				  provide a valid e-mail address for service.
(b) A person who has been employed by the
				  Board is not permitted to appear as attorney or representative for a party in a
				  case which was pending before the Board during the period of his
				  employment.
The provisions of this §
												91.2 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).
This section cited in 34 Pa. Code §
												93.11 (relating to institution of
						proceedings); 34 Pa. Code §
												93.12 (relating to service and
						filing of papers); 34 Pa. Code §
												95.41 (relating to service of
						papers); and 34 Pa. Code §
												95.42 (relating to filing of
						papers).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 91 - PRIVATE AND PUBLIC EMPLOYEES › GENERAL PROVISIONS › Section 91.3 - Joinder of parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A proceeding
				  will not be dismissed because of nonjoinder or misjoinder of parties.
(b) Upon motion of a party or upon motion of
				  the Labor Relations Board, or its trial examiner, parties may be added, dropped
				  or substituted at any stage of the proceedings, upon terms that may be deemed
				  proper. The motions shall be made at or prior to the first hearing in a
				  proceeding unless sufficient cause is shown why it could not have been made at
				  that time. Failure to so move will be deemed a waiver of objections to a
				  nonjoinder or misjoinder.
(c)
				  Persons alleged to have engaged in an unfair labor practice may be joined as
				  parties, whether jointly, severally or in the alternative, and a decision may
				  be rendered against one or more of them upon all of the evidence, without
				  regard to the party by or against whom the evidence has been
				  introduced.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 91 - PRIVATE AND PUBLIC EMPLOYEES › GENERAL PROVISIONS › Section 91.4 - Consolidation or severance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Two or
				  more proceedings may be consolidated by the Labor Relations Board in its
				  discretion.
(b) A proceeding may be
				  severed by the Labor Relations Board in its discretion.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 91 - PRIVATE AND PUBLIC EMPLOYEES › GENERAL PROVISIONS › Section 91.5 - Construction and amendment

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter sets forth rules for the efficient operation
					 of the Labor Relations Board and the orderly administration of the acts. They
					 are to be liberally construed for the accomplishment of these purposes and may
					 be waived or suspended by the Labor Relations Board at any time and in any
					 proceeding unless the action results in depriving a party of substantial
					 rights.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 93 - PRIVATE EMPLOYEES › GENERAL PROVISIONS › Section 93.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-The Pennsylvania Labor Relations Act
					 (43
					 P. S. §§
											211.1-211.39) and other
					 acts as are administered in part.
Board
-The Labor Relations Board.
Charge
-A charge of unfair labor practices
					 filed under the act.
Party
-The employer, person or organization
					 filing a charge or petition, or otherwise named in a charge or petition;
					 another person or organization desig-nated in the notice of hearing and served
					 therewith; and another person or organization whose intervention has been
					 permitted by the Board or trial examiner, except as limited by the Board or
					 trial examiner in granting the permission.
Person, employer, employe, representative, labor
					 organization, unfair labor practice
and
labor
					 dispute
-These terms have the meanings set forth in the acts.
Petition
-A petition for investigation and
					 certification of a collective bargaining representative filed under the
					 act.
Trial examiner
-A person appointed or
					 designated by the Board to conduct a hearing.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 93 - PRIVATE EMPLOYEES › PREHEARING PROVISIONS › Section 93.11 - Institution of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Charges
				  and petitions instituting proceedings before the Board 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.
(b) Charges and petitions
				  may be filed by a person entitled to do so under the act, shall be in writing,
				  shall contain pertinent information required by the act and shall be verified
				  by the person filing the charges and petitions.
(c) In actions before the Board, the first
				  paper filed on behalf of each party shall contain an address at which service
				  of complaints, orders and other processes and papers of the Board may be made.
				  Thereafter, a party may file with the Board an entry of appearance under §
										91.2(a) (relating
				  to appearances), which shall form part of the record in the case, setting forth
				  a new address at which the service may be made. If he does not do so, notice
				  sent to him by registered mail at his last address of record shall be
				  equivalent to service.
The provisions of this §
												93.11 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 93 - PRIVATE EMPLOYEES › PREHEARING PROVISIONS › Section 93.12 - Service and filing of papers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Service of papers on a party shall be made personally, or by certified mail, or
				  by leaving a copy thereof 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.
(b)
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) Filings, other than a petition or other
				  document with a showing of interest as defined by §
											95.1 (relating to definitions),
				  may be filed with the Board 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 the Board officer or agent in accordance with subsection
				  (c).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 93 - PRIVATE EMPLOYEES › PREHEARING PROVISIONS › Section 93.13 - Consent elections

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Petitions for consent election may be filed by an employer, individual, group
				  of employes or labor organization entitled so to do under the act.
(b) Petitions for consent election shall be
				  signed and verified by parties thereto and shall include a description of the
				  appropriate unit, a suggested time and place of holding the election and a list
				  of employes with occupations or classifications. A list of employes agreed upon
				  as eligible to vote shall be signed and dated by the parties. Forms are
				  available at Board offices.
(c)
				  During the conduct of a representation hearing the parties thereto may enter
				  into a stipulation for consent election upon forms provided by the trial
				  examiner or by stipulation entered into the record.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 93 - PRIVATE EMPLOYEES › PREHEARING PROVISIONS › Section 93.14 - Complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After a charge
				  has been filed, if it appears to the Board that formal proceedings in respect
				  thereto should be instituted, the Board will issue and cause to be served upon
				  the parties a complaint in the name of the Board, stating the alleged unfair
				  labor practices, and containing a notice of hearing before a trial examiner at
				  a place therein fixed and at a time not less than 5 days after the service of
				  the complaint.
(b) In the
				  discretion of the Board, upon due notice to the parties, a complaint may be
				  amended, in such manner as the Board may deem proper, at any time before the
				  issuance of a final decision and order if no new cause of action is added after
				  the statute of limitations has run.
(c) A complaint, or amended complaint, or any
				  part thereof, may be dismissed by the Board on its own motion or a charge may
				  be withdrawn upon the motion of an interested party, if deemed appropriate by
				  the Board, at any time before the issuance of a final decision and order, upon
				  due notice to the parties.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 93 - PRIVATE EMPLOYEES › PREHEARING PROVISIONS › Section 93.15 - Answers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board
				  recognizes that the primary purpose of pleadings is the formation of the
				  issues. Consequently, rules pertaining to pleadings will be liberally construed
				  toward effecting that end.
(b) An
				  answer need not be filed in representation cases.
(c) In unfair labor practice cases the
				  respondent shall have the right to file an answer to the original or amended
				  complaint. Answers shall be in writing, shall be verified by the person filing
				  the same, and shall be filed with the Board at Harrisburg within the time
				  designated by the Board. 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 shall be deemed to admit only those averments
				  relating to the identity of the parties; other averments shall be deemed to be
				  denied.
(d) Affirmative defenses,
				  including but not limited to, the jurisdiction of the Board, statute of
				  limitations and section 10.1 of the act (43 P. S. §
											211.10) shall be pleaded under the heading of
				  new matter in the answer.
(e)
				  Allegations of new matter in the answer shall be deemed denied without the
				  necessity of a reply.
(f) In the
				  discretion of the trial examiner at hearing, or otherwise in the discretion of
				  the Board, an answer may be amended upon motion of the party filing it, upon
				  due notice to the parties, at any time before the issuance of the final
				  decision and order. The motion shall be in writing unless made during the
				  conduct of a hearing.
(g) When the
				  respondent desires to waive hearing on the charges set forth in the complaint
				  and not to contest the proceeding, the answer may consist of a statement that
				  respondent refrains from contesting the proceeding or that respondent consents
				  that the Board may make, enter and serve upon respondent an order to cease and
				  desist from the violations of the act alleged in the complaint. In either case,
				  the answer shall have the same force and effect as if the allegations of the
				  complaint were admitted to be true and shall be deemed to waive a hearing
				  thereon and to authorize the Board, without a hearing, evidence, findings of
				  facts or without any other intervening procedure, to make, enter, issue and
				  serve upon respondent an order to cease and desist from the violations of the
				  act charged in the complaint or such other order as shall be
				  appropriate.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 93 - PRIVATE EMPLOYEES › PREHEARING PROVISIONS › Section 93.16 - Intervention

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Motions to
				  intervene shall be in writing, shall specify the grounds for intervention,
				  shall be signed and verified, and a copy shall be served upon the parties to
				  the proceeding and proof thereof filed with the Board.
(b) The trial examiner may permit employers,
				  employes and labor organizations to participate as parties in representation
				  hearings without formal intervention, upon a showing of good cause which
				  reasonably prevented them from having filed a timely motion to
				  intervene.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 93 - PRIVATE EMPLOYEES › PREHEARING PROVISIONS › Section 93.17 - Continuances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Motions for a
				  continuance, made prior to hearing, shall be in writing, shall be filed with
				  the Board at Harrisburg, and shall set forth the reasons for granting the
				  continuance. No motion will be acted upon by the Board unless it is filed at
				  least 72 hours prior to the hearing, and the ruling of the Board thereon will
				  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, may not
				  constitute sufficient grounds for a continuance of a 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 is
				  not of itself sufficient cause for the granting of a continuance.
(d) At a hearing, the trial examiner shall
				  have the right, subject to the approval of the Board, to continue the hearing
				  from day to day, or to adjourn it to a later date, or to a different place, by
				  announcement thereof at the hearing or by other appropriate notice.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 93 - PRIVATE EMPLOYEES › PREHEARING PROVISIONS › Section 93.18 - Elections

Current through Register Vol. 54, No. 28, July 13, 2024
Elections shall be governed by §§
										95.51 -95.59 (relating to
					 elections).
The provisions of this §
												93.18 amended under 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).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 93 - PRIVATE EMPLOYEES › PREHEARING PROVISIONS › Section 93.19 - Notices to employes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For the
				  purpose of informing employes affected by representation cases, the posting of
				  notices or orders of the Board at the place of business of the employer, where
				  readily accessible to employes, shall constitute notice.
(b) The Board may, from time to time, require
				  the employer to post notices and orders and to make a return of the
				  posting.
(c) Orders of the Board
				  dismissing charges of unfair labor practices may be posted by the employer, if
				  he so desires, at his place of business, for the information of his
				  employes.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 93 - PRIVATE EMPLOYEES › PREHEARING PROVISIONS › Section 93.20 - Authority of Secretary

Current through Register Vol. 54, No. 28, July 13, 2024
The authority of the Secretary of the Board will be
					 governed by §
										95.81 (relating to the authority
					 of Secretary and Executive Director).
The provisions of this §
												93.20 amended under section 4(b)
						the Pennsylvania Labor Relations Act (43 P.S. §
													211.4(b)); and the Public
						Employe Relations Act (43 P.S. §§
													1101.101-1101.2301).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › GENERAL PROVISIONS › Section 95.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-The Public Employe Relations Act
					 (43
					 P. S. §§
											1101.101-1101.2301).
Board
-The Pennsylvania Labor Relations
					 Board.
Hearing examiner
-A person appointed or
					 designated by the Board to conduct a hearing.
Party
-A person, employe, group of
					 employes, organization or public employer filing a charge, petition, request or
					 application under this chapter; a person, organization or public employer named
					 as a party in a charge, complaint, request, application or petition filed under
					 the act; or a person, organization or public employer whose intervention in a
					 proceeding has been permitted or directed by the Board, secretary or a hearing
					 officer. Nothing in this definition shall be construed to prevent the Board, or
					 a designated officer from limiting participation by a party in the proceedings
					 to the extent of his interest.
Petition
-A petition for investigation and
					 certification or decertification of a collective bargaining representative
					 filed under the act and this chapter.
Showing of interest
-A designated
					 percentage of public employes in an allegedly appropriate bargaining unit, or a
					 bargaining unit determined to be appropriate, who are members of an employe
					 organization, who have designated it as their exclusive bargaining
					 representative, or who have signed a petition requesting an election for
					 certification or decertification of public employe representatives. The
					 designations shall consist of written authorization cards or petitions, signed
					 by employes and dated, authorizing an employe organization to represent the
					 employes for the purpose of collective bargaining or requesting an election for
					 certification or decertification of public employe representatives, current
					 dues records or other evidence approved by the Board.
Unfair practice
-A practice prohibited by
					 the act.
This section cited in §
												93.12 (relating to service and
						filing of papers).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › INSTITUTION OF REPRESENTATION PROCEEDINGS › Section 95.11 - Request for certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  public employe, employe organization or group of employes and the public
				  employer may, when the public employe organization represents a majority of the
				  employes in an appropriate unit, jointly submit to the Board a request for
				  certification upon a form to be supplied by the Board.
(b) The request for certification shall set
				  forth the following:
(1) The name, address and
				  telephone number of the public employer and the person to contact, including
				  his title, if known.
(2) The name,
				  address and affiliation, if any, of the employe organization and the name,
				  address and telephone number of its representative.
(3) A description and factual statement in
				  support of the unit claimed to be appropriate for the purpose of exclusive
				  representation.
(4) The budget
				  submission date of the public employer.
(5) The signatures of the parties, including
				  their titles and telephone numbers.
(6) A statement that the employe organization
				  represents a majority of the employes in the unit and the method of determining
				  the representative majority. Proof of the representative majority shall be
				  submitted to the hearing examiner, if requested.
(7) The names and addresses of known employe
				  representatives, individuals, labor organizations or groups claiming to
				  represent any of the employes in the bargaining unit.
(8) Five days prior to the submission to the
				  Board of the joint request for certification, the employer shall post on the
				  bulletin boards at all locations where employes in the requested unit work a
				  copy of the joint request for certification and a statement that the request
				  will be filed with the Pennsylvania Labor Relations Board, 418 Labor and
				  Industry Building, 651 Boas Street, Harrisburg, Pa. 17121, for the purpose of
				  securing from that Board a certification of
Click to
					 view image
as the exclusive bargaining repre sentative for
				  the employes within the unit.
(9)
				  Other relevant facts.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › INSTITUTION OF REPRESENTATION PROCEEDINGS › Section 95.12 - Notice for an election request

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  public employe, a group of public employes or an employe organization may
				  submit, in writing to a public employer, upon forms prepared by the Board, a
				  notice for an election request.
(b)
				  A notice for an election request shall contain the following:
(1) A statement that 30% or more of the
				  public employes in an appropriate unit desire to be exclusively represented for
				  collective bargaining purposes by a designated representative.
(2) A description of the unit deemed
				  appropriate.
(3) A request for a
				  consent election.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › INSTITUTION OF REPRESENTATION PROCEEDINGS › Section 95.13 - Consent to election request

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
				  a public employer consents to an election request by a public employe, a group
				  of public employes or an employe organization, the consent shall be given in
				  writing to the party giving notice within 10 days of the receipt of an election
				  request.
(b) Upon consent to an
				  election request, a joint election request shall be submitted to the Board, in
				  triplicate, upon forms prepared by the Board, which shall include the
				  following:
(1) A description and factual
				  statement in support of the unit deemed appropriate.
(2) The basis for alleging a 30% interest or
				  more.
(3) A list of all unit
				  employes prepared by the employer in the order requested by the Board with
				  occupations or classifications of those agreed upon as eligible to
				  vote.
(4) Suggested times and
				  places of holding the election.
(5)
				  The budget submission date of the public employer.
(6) A 1% showing of interest among employes
				  within the requested unit is required before another employe representative may
				  be placed on the ballot. A 10% showing of interest among employes within the
				  requested unit is required before another employe representative may be
				  permitted to intervene as a party.
(7) If a public employer refuses to consent
				  within the 10-day period to an election, the party making the request may file
				  a petition for representation election. A public employer may file a petition
				  for representation election if, after receiving a notice for an election
				  request, the moving party thereafter fails to submit a joint election request
				  within 10 days after consent is given by the employer.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › INSTITUTION OF REPRESENTATION PROCEEDINGS › Section 95.14 - Contents of election request

Current through Register Vol. 54, No. 28, July 13, 2024
A petition for representation election shall, when filed by
					 a public employe, employe organization, a group of public employes or public
					 employer, contain the following:
(1)
				  The name, address and telephone number of the public employer and the person to
				  contact, including his title, if known.
(2) The name and affiliation, if any, of the
				  petitioner and its address and telephone number.
(3) A description and factual statement in
				  support of the unit claimed to be appropriate for the purpose of exclusive
				  representation by the petitioner. The description shall indicate the general
				  classifications of employes to be included and those to be excluded and the
				  approximate number of employes in the unit.
(4) The date of the giving of the notice for
				  election request and date it was accepted or declined by the public employer or
				  a statement that no reply has been received.
(5) The name, address and telephone number of
				  the recognized or certified exclusive representative, if any, the date of the
				  certification or recognition, and the expiration date of an applicable
				  contract, if known to the petitioner.
(6) The budget submission date of the
				  employer.
(7) The signature of the
				  representative of petitioner, including his title and telephone
				  number.
(8) A statement, if
				  appropriate, of the showing of interest of not less than 30% of the employes in
				  the unit and the method of ascertaining the showing of interest. Proof of this
				  statement shall be submitted to the hearing examiner, if requested.
(9) The names, addresses and telephone
				  numbers of known representatives, individuals, labor organizations or groups
				  claiming to represent any of the employes in the bargaining unit.
(10) A 1% showing of interest among employes
				  within the requested unit is required before another employe representative may
				  be placed on the ballot. A 10% showing of interest among employes within the
				  requested unit is required before another employe representative may be
				  permitted to intervene as a party.
(11) Other relevant facts.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › INSTITUTION OF REPRESENTATION PROCEEDINGS › Section 95.15 - Disclaimer of interest

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the
				  event an employe organization shall, at any point prior to the issuance of an
				  order for election, file a disclaimer of interest with the Board
				  Representative, the Board Representative may either dismiss the petition for
				  election or delete the name of the employe organization from the ballot if the
				  conduct of the employe organization is consistent with the
				  disclaimer.
(b) The Board
				  Representative will have the authority to issue an appropriate order
				  decertifying an incumbent representative under a disclaimer of
				  interest.
The provisions of this §
												95.15 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).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › INSTITUTION OF REPRESENTATION PROCEEDINGS › Section 95.16 - Names and addresses of employes

Current through Register Vol. 54, No. 28, July 13, 2024
Following the determination of the appropriate unit as
					 required by Article VI of the act (43 P. S. §§
											1101.601-1101.607), the Board, or its
					 authorized agent, will have the right to direct the employer to submit
					 forthwith to the Board a list of the names and addresses of the employes in the
					 appropriate unit, the list to be made available by the Board to any party to
					 the proceeding who requests it.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › INSTITUTION OF REPRESENTATION PROCEEDINGS › Section 95.17 - Validity of showing of interest

Current through Register Vol. 54, No. 28, July 13, 2024
The showing of interest submitted will not be furnished to
					 any of the parties. The Board or its agents will determine the adequacy of the
					 showing of interest and the decision will not be subject to collateral attack
					 in a hearing.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › DECERTIFICATION › Section 95.21 - Petition by employes

Current through Register Vol. 54, No. 28, July 13, 2024
A petition by a public employe, or a group of public
					 employes, for decertification of public employe representative shall be filed
					 with the Board not sooner than 90 days nor later than 60 days before the
					 expiration date of a collective bargaining agreement; or after the expiration
					 date until a new written agreement has been entered into; or, if no collective
					 bargaining agreement has been entered into, not sooner than 1 year from the
					 date the certification had become effective. The petition shall be on the form
					 supplied by the Board and shall contain the following:
(1) A statement alleging that the employe
				  representative certified by the Board, or currently recognized by the public
				  employer, no longer represents a majority of the employes in the collective
				  bargaining unit in which it is currently recognized or certified.
(2) A statement of the showing of interest of
				  not less than 30% of the employes in the unit and the method of ascertaining
				  the showing of interest. Proof of this statement shall be submitted to the
				  hearing examiner, upon request. A showing of interest shall indicate that the
				  employes no longer desire to be represented for the purpose of collective
				  bargaining by the currently recognized or certified employe
				  representative.
(3) The name and
				  address of the employer.
(4) The
				  name and address of the petitioner.
(5) The name and address of the incumbent
				  representative.
(6) The date of
				  expiration of the contract.
(7) The
				  number of employes in the unit.
(8)
				  The date of the last election.
(9)
				  Other relevant facts.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › DECERTIFICATION › Section 95.22 - Petition by employers

Current through Register Vol. 54, No. 28, July 13, 2024
A petition by a public employer for decertification of a
					 public employe representative shall be filed with the Board not sooner than 90
					 days nor later than 60 days before the expiration date of a collective
					 bargaining agreement; or after the expiration date until a new written
					 agreement has been entered into; or, if no collective bargaining agreement has
					 been entered into, not sooner than 1 year from the date the certification had
					 become effective. The petition shall be on the form supplied by the Board and
					 contain the following:
(1) A factual
				  statement indicating a good faith doubt of the majority status of the public
				  employe representative.
(2) The
				  name of the currently recognized or certified public employe
				  representative.
(3) The name and
				  address of the employer and a description of the bargaining unit
				  involved.
(4) The general nature of
				  the business of the employer.
(5)
				  The name and address of the incumbent representative.
(6) The date of expiration of the
				  contract.
(7) The number of
				  employes in the unit.
(8) The date
				  of the last election.
(9) Other
				  relevant facts.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › DECERTIFICATION › Section 95.23 - Unit clarification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
				  no question of representation exists, a petition for clarification of an
				  existing bargaining unit may be filed by the collective bargaining
				  representative or by the public employer.
(b) A petition for unit clarification shall
				  contain the following:
(1) The name of the
				  employer and the name of the collective bargaining representative.
(2) The address of the employer.
(3) A description of the present bargaining
				  unit and, if the bargaining unit is certified, an identification of the
				  existing certification.
(4) A
				  description of the proposed clarification.
(5) The names and addresses of other persons
				  or employe organizations who claim to represent any employes affected by the
				  proposed clarifications and brief descriptions of the contracts, if any,
				  covering those employes.
(6) The
				  number of employes in the present bargaining unit and in the unit as proposed
				  under the clarification.
(7) The
				  job classifications of employes as to whom the issue is raised and the number
				  of employes in each classification.
(8) A statement by petitioner setting forth
				  the reasons for requesting the clarification.
(9) The name, affiliation if any, and address
				  of the petitioner.
(10) Other
				  relevant facts.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › DECERTIFICATION › Section 95.24 - Amendment of certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
				  no question of representation exists, a petition for amendment of certification
				  may be filed by the collective bargaining representative or by the public
				  employer.
(b) A petition for
				  amendment of certification shall contain the following:
(1) The name of the employer and the name of
				  the certified employe organization involved.
(2) The address of the employer
				  involved.
(3) Identification and
				  description of the existing certification.
(4) A statement by petitioner setting forth
				  the details of the desired amendment and reasons therefor.
(5) The names and addresses of other persons
				  or employe organizations claiming to represent any employes in the unit covered
				  by the certification and brief description of the contracts, if any, covering
				  those employes in the unit.
(6) The
				  name, affiliation if any, and address of the petitioner.
(7) A brief description of the process
				  utilized in carrying out the affiliation.
(8) Other relevant facts.