Section 95.32. Amendment of complaints and answers

(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or a part thereof, may be dismissed by the Board on its own motion or a charge may, with the approval of the Board, be withdrawn upon the motion of the complainant before the issuance of a final decision and order, upon due notice to all parties.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.

The provisions of this § 95.32 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419.

Notation

Notes of Decisions

New Cause of Action

The allegation of additional clauses to a pending charge of unfair practices adds allegation of a new cause of action and must therefore occur within 4 months of the act which allegedly constitutes the unfair practice. PSSU Local 668, AFL-CIO v. Pennsylvania Labor Relations Board, 30 PPER (LRP) P30,090, April 20, 1999.