Section 95.55. Challenged voters

(a) A prospective voter may be challenged for cause.

(b) Employes whose names do not appear upon the list certified by the Board as being a complete list of the employes within the defined appropriate unit will be challenged by the agent of the Board.

(c) A challenged voter shall vote but the ballot will not be canvassed. At an onsite election, the challenged ballot will be sealed in a separate, unmarked envelope under the supervision of the agent of the Board, inserted in a special identifiable form envelope provided by the Board for that purpose, and returned to the Board agent. A challenged mail ballot will remain in the return envelope until its validity is determined, if necessary.

The provisions of this § 95.55 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended June 2, 1995, effective June 3, 1995, 25 Pa.B. 2182. Immediately preceding text appears at serial pages (174941) to (174942).

Notation

Authority

The provisions of this § 95.55 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

Eligibility List

Ballots cast in a certification election by persons whose names do not appear on the Board’s eligibility list will be automatically challenged and segregated from the unchallenged ballots. Bucks County Schools, Intermediate Unit No. 22 v. Labor Relations Board, 466 A.2d 262, 265 (Pa. Commw. 1983).

Cross References

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