Section 95.52. Procedures for onsite elections

(a) Watchers. Each party to the election will be entitled to be represented by one watcher at each polling place or by additional watchers as the parties may agree, subject to limitations as the Board or its authorized agent may prescribe. Watchers for all parties shall be employes eligible to vote. However, if the employer is unable to find an individual on the list of eligible voters who is willing to serve as a watcher, the employer may choose a nonsupervisory or other appropriate person. If the unit includes supervisors, the parties may use as watchers persons who function at the same level of supervision.

(b) Polling area. Before the commencement of an onsite election, the agent of the Board will designate the polling area. No electioneering of any kind may take place within this area. A violation of this requirement by any party or its agent may be ground for setting aside the election.

The provisions of this § 95.52 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended June 21, 1974, effective June 22, 1974, 4 Pa.B. 1282; amended May 16, 1975, effective May 17, 1975, 5 Pa.B. 1301; amended June 2, 1995, effective June 3, 1995, 25 Pa.B. 2182. Immediately preceding text appears at serial page (174941).

Notation

Authority

The provisions of this § 95.52 amended 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).

Notes of Decisions

Polling Area

Union election was not set aside where electioneering occurred outside the area designated as the ‘‘polling area.’’ The fact that electioneering was engaged in by union-supporting employees, rather than by union officials or representatives invokes less exacting standard. Kaolin Mushroom Farms v. Labor Relations Board, 702 A.2d 1110 (Pa. Cmwlth. 1997); appeal dismissed 720 A.2d 763 (Pa. 1998).

Watchers

Board properly rejected designation of code enforcement officer as election watcher where the officer was a management-level employe. Washington Township Municipal Authority v. Labor Relations Board, 569 A.2d 402 (Pa. Cmwlth. 1990); appeal denied 581 A.2d 577 (Pa. 1990).

Cross References

This section cited in 34 Pa. Code § 93.18 (relating to elections).