34 Pa. Code § 95.91 - Hearings
(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.
(i) At
a hearing, parties shall have the right to call, examine and cross-examine
witnesses and to introduce documentary or other evidence subject to the rulings
of the hearing examiner.
(j)
Concerning briefs and oral arguments the hearing examiner shall set the time
required for the filing of briefs. A party filing a brief shall file the
original with the hearing examiner and four copies with the Board, concurrently
serving one copy on each other party to the hearing. Briefs shall be
accompanied by a certificate of service.
(k) Proposed decision or recommendation shall
be issued as follows:
(1)
Unfair
practice and unit clarification proceedings. After the close of the
formal hearing, if any, the hearing examiner or Board agent conducting the
hearing shall issue a proposed decision or may submit the record of the case to
the Board for decision under instructions, if any, from the Board. The proposed
decision shall be in writing and shall contain a statement of the case,
findings of fact, conclusions of law and the order. The hearing examiner or
Board agent shall cause a copy of the proposed decision to be served upon the
parties.
(2)
Representation
proceedings. Proposed decision or recommendation shall be issued as
follows for representation proceedings:
(i)
Hearing examiner recommendations. After the close of the
formal hearing in representation proceedings, the hearing examiner or Board
agent conducting the hearing shall submit his recommendations and record to the
Board Representative of the Board designated for the purpose of review of
representation cases. The Board Representative will be designated by the Board
at a regular meeting of the Board and the designation will be recorded in the
minutes of the Board meeting.
(ii)
Board Representative. Upon receipt of the recommendation and
record of the hearing examiner the Board Representative shall adopt, reject or
modify the recommendation and shall be authorized to issue and cause to be
served on the parties an order directing an election or other appropriate
action. A decision or order of the Board Representative shall set forth the
findings of fact, conclusions of law, discussion and order or direction and
shall be subject only to the filing of a request for review with the
Board.
(iii)
Request for
review. Prior to the conduct of a representation election, an
aggrieved party may file a written request for review with the Board
accompanied by a statement of service. A request for review will be granted
only where the order or direction of the Board Representative is clearly
erroneous and prejudicially affects the rights of the party seeking review. The
filing of a request for review with the Board will not operate, unless
otherwise ordered by the Board, as a stay of any order or direction of the
Board Representative.
(A) A request for review
must be a self-contained document enabling the Board to rule on the basis of
its contents.
(B) A party may file
with the Board a timely statement in opposition to a request for review prior
to the conduct of a representation election accompanied by a statement of
service.
(l) Subsection (b) supplements 1 Pa. Code
§35.185 (relating to designation of presiding officers); subsections (f)
and (h) supplement 1 Pa. Code §35.187 (relating to authority delegated to
presiding officers); and subsection (i) supplements 1 Pa. Code §35.126
(relating to presentation by the parties). Subsection (c) supersedes 1 Pa. Code
§§
35.131 and
35.132 (relating to recording of
proceedings; and transcript corrections); subsection (d) supersedes 1 Pa. Code
§§
35.131 and 35.178 (relating to
recording of proceedings; and presentation of motions); subsection (j)
supersedes 1 Pa. Code §35.221 (relating to briefs and oral argument in
absence of proposed report); and subsection (k) supersedes 1 Pa. Code
§35.202 (relating to proceedings in which proposed reports are
prepared).
Notes
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