Section 95.58. Unfair practices in connection with election

(a) Objections. Objections to the conduct of a party to the election seeking a new election shall be filed as a charge of unfair practices within 5 working days of the final tally of votes. Charges of unfair practices which do not seek as a remedy the conduct of a new election shall be filed within the 6-week limitation period of section 9(e) of the Pennsylvania Labor Relations Act (43 P. S. § 211.9(e)) or the 4-month limitation period of section 1505 of the Public Employe Relations Act (43 P. S. § 1101.1505), as applicable.

(b) Blocking charges. If charges of unfair practices are filed before the conduct of an election, the Secretary of the Board or the hearing examiner shall have discretion to block the further processing of a petition seeking an election if the alleged unfair practice, if proved, would likely prevent a fair and free election. The charging party shall have the right to waive the blocking nature of the charges of unfair practices with prejudice to its right to seek a new election based upon the allegations in the charge of unfair practices.

The provisions of this § 95.58 adopted June 2, 1995, effective June 3, 1995, 25 Pa.B. 2182.

Notation

Authority

The provisions of this § 95.58 issued 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).

Cross References

This section cited in 34 Pa. Code § 93.18 (relating to elections); and 34 Pa. Code § 95.59 (relating to election results).