Section 95.44. Interventions

(a) Motions to intervene shall be in writing, specify the grounds for intervention, be signed and verified, and a copy shall be served upon the parties to the proceedings. Proof for motions to intervene shall be filed with the Board.

(b) In representation proceedings, the hearing examiner may, subject to § 95.11 (relating to request for certification) permit public employers, public employes and employe organizations to participate as parties without formal intervention, upon a showing of good cause which reasonably prevented them from having filed a timely motion to intervene.

(c) The Board or a member of the Board, or the hearing examiner, as the case may be, may, by orders, permit intervention in person, by counsel, or by other representative to the extent and upon the terms as they may deem proper.

The provisions of this § 95.44 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419.

Notation

Notes of Decisions

Intervention

Petition to intervene filed by the Pennsylvania State Association of Township Supervisors was denied, where the association, which represents the interests of over 1,450 townships of the second class, merely alleged that the Labor Relations Board’s inclusion of the township roadmaster in the bargaining unit ‘‘may impair’’ the ability of those townships to perform governmental functions, but nothing would impair a township from appearing before the board to demonstrate on the record facts which would support alleged supervisory status. In the Matter of the Employes of Winfield Township, 30 PPER (LRP) P30, 022 (1998).

Waiver

Where hearing examiner denies intervention in an order dismissing representative’s petition and no exceptions are filed to that order under § 95.98(b), the issue is waived for purposes of further review. Donatucci v. Labor Relations Board, 547 A.2d 857 (Pa. Cmwlth. 1988).