Pennsylvania Code
Title 34 - LABOR AND INDUSTRY
Part V - Labor Relations Board
Chapter 95 - PUBLIC EMPLOYEES
PROVISIONS FOR FORMAL PROCEEDINGS
Section 95.97 - Motions for withdrawal
Current through Register Vol. 54, No. 44, November 2, 2024
(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(c) A charge or petition may not be withdrawn without the consent of the Secretary of the Board.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 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).
This section cited in 34 Pa. Code § 93.31 (relating to hearings).