34 Pa. Code § 95.58 - Unfair practices in connection with election
(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.
Notes
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).
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