Section 95.97. Motions for withdrawal

(a) Motions for withdrawal of charges or petitions made before or after hearing and based upon settlements between employers, employes or their respective representatives, will not be considered unless filed with the Secretary of the Board in writing or otherwise of record; and, if requested by the Secretary of the Board, the reasons for withdrawal shall be stated.

(b) Motions for withdrawal of charges or petitions may be made orally during the progress of a hearing. The reasons for withdrawal, if requested by the hearing examiner, shall be stated on the record. The decision on the motions will be reserved for the Secretary of the Board.

(c) A charge or petition may not be withdrawn without the consent of the Secretary of the Board.

(d) Subsections (a)—(c) supersede 1 Pa. Code § 35.51 (relating to withdrawal of pleadings).

The provisions of this § 95.97 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended April 4, 1980, effective April 5, 1980, effective only for hearings conducted after April 5, 1980, 10 Pa.B. 1435; amended August 20, 1982, effective August 21, 1982, 12 Pa.B. 2788. Immediately preceding text appears at serial page (50260).

Notation

Authority

The provisions of this § 95.97 issued under section 4(b) of the Pennsylvania Labor Relations Act (43 P. S. § 211.4(b)); and the Public Employe Relations Act (43 P. S. § § 1101.101—1101.2301).

Notes of Decisions

Dismissal Appropriate

Issues not properly raised in Exceptions to the Board were not properly before the Court for review and were dismissed. Teamsters Local Union 77 v. Labor Relations Board, 492 A.2d 782 (Pa. Cmwlth. 1985).

Cross References

This section cited in 34 Pa. Code § 93.31 (relating to hearings).