Pennsylvania Labor Relations Act

The Pa. Labor Relations Act ("PLRA"), 43 Pa.C.S. §211.1, is the state law version of the National Labor Relations Act, that covers labor issues not covered by the discretionary authority exercised by the National Labor Relations Board.

The PLRA is administered by the Pa. Labor Relations Board ("PLRB"), which is primarily responsible for the oversight and enforcement of Act, including hearing and resolving allegations of "unfair labor practices" between unions and their employers. The Act enumerates prohibited unfair labor practices, and provides a mechanism for challenging such practices (by the employer and/or the union), by a complaint and hearing process. When considering the filing of an unfair labor practice complaint, it is very important to keep in mind that the time limit between the act complained of and the filing of the complaint, is very short. The PLRB will entertain only complaints filed no later than 6 weeks after the incident(s) giving rise to the complaint. In addition, Secretary of the Dept. of Labor & Industry has preliminary discretion to reject claims which are believed to have no merit, on their face.

Following a hearing conducted by a Hearing Examiner appointed by the PLRB, the Hearing Examiner issues a proposed finding and decision, to which the parties (usually only the losing party) may object. After review of the proposed decision, and any objections to it, the PLRB issues a "Final Order," which will either dismiss the complaint, or order the losing party to implement a remedy for any finding(s) that an unfair labor practice has been committed. That finding is then subject to further appeal.

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