34 Pa. Code § 213.8 - Grievances arising from administration of the act
(a) Under section 2.2(e) of the act
(43
P. S. §
165-2.2(e)),
the Board will hear and determine grievances arising out of the administration
of the act. Appeals from determinations of the Secretary are excluded from
review under this section. The types of disputes heard under this section shall
include the following:
(1) Disputes as to the
applicability of the act to a project.
(2) Disputes involving classification or
coverage, or both, of persons employed on public work.
(3) Disputes concerning the proper
interpretation or application of the act or regulations thereunder.
(b) Grievances submitted to the
Board under this section shall include:
(1)
The identity and interest of the grievant.
(2) If applicable, the name, address and
predetermination serial number of the affected project, and the name and
address of the public body responsible for the project.
(3) A brief statement of the issue or dispute
giving rise to the grievance.
(4) A
brief statement of the agency's position, along with copies of documents
setting forth that position.
(5) A
statement of requested relief.
(6)
A signature of the party or the party's attorney.
(7) A certificate of service showing service
upon the agency, the public body and affected contractors or
subcontractors.
(c) An
original and eight copies of the grievance shall be filed with the
Board.
(d) The following format is
suggested for grievances:
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Appendices:
A. Copy of
agency's position (if any).
B.
Certificate of Service.
(e) The Board will promptly provide notice of
the grievance to interested persons designated in sections 7, 8 and 11(c) of
the act (43 P. S. §§
165-7,
165-8 and
165-11(c)).
(f) Petitions for intervention shall be filed
and served within 15 days of the notice of the grievance issued under
subsection (e), except upon good cause shown. Petitions for intervention shall
be governed by the General Rules. Briefs for intervenors shall be filed and
served within 15 days of the Board's order granting intervention or the day
fixed under this section for the filing of a brief by the party on whose behalf
intervention is made, whichever is later.
(g) Within 30 days of filing a grievance
under this section, the grievant shall file and serve a brief. An original and
eight copies shall be filed with the Board. The brief shall contain a statement
of proposed facts and discussion of the legal issues. Copies of proposed
exhibits shall be numbered and appended to the brief. Within 30 days of service
of the grievant's brief, the agency shall file and serve a brief conforming to
the requirements of this subsection.
(h) After the briefs have been filed, the
parties shall confer to attempt to resolve disputed factual issues and shall
promptly submit to the Board a stipulation of agreed-upon facts. The parties,
jointly or separately, shall submit to the Board a statement of factual issues
and advise whether an evidentiary hearing is requested. The Board will have the
discretion to grant or deny the request.
(i) Upon receipt of the parties' stipulation
and statement of disputed facts, the Board will schedule the matter for hearing
or argument, or both. If an evidentiary hearing is requested, the Board may
delegate the matter to a hearing officer to take evidence and testimony. The
hearing officer will not issue a proposed decision.
(j) The General Rules govern evidentiary
hearings. The burden of proof shall be on the grievant.
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