Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

34 Pa. Code § 95.112. Illegal contributions.

§ 95.112. Illegal contributions.

 (Editor’s Note: This regulation has been held invalid. Trometter v. Pennsylvania Labor Relations Board, 147 A.3d 601 (Pa. Cmwlth. 2016).)

 (a)  An individual who has knowledge of a political contribution or other activity by an employe organization thought to be in violation of section 1701 of the act (43 P. S. §  1101.1701) may file a report with the Board. The report shall be signed and sworn to before any person authorized to administer oaths.

 (b)  The report shall contain the following information:

   (1)  The name, address, telephone number and affiliation, if any, of the charging party.

   (2)  A clear and concise statement of the facts constituting the alleged illegal contribution, including the names of the individuals involved, the name of the employe organization, and the time, place of occurrence and nature of each particular contribution or act alleged.

 (c)  Upon receipt of the report, if it appears to the Board that an investigation in respect to the charge should be instituted, the Board shall refer the report to the Attorney General of the Commonwealth for proceedings under applicable statutes.

Source

   The provisions of this §  95.112 adopted May 16, 1975, effective May 17, 1975, 5 Pa.B. 1301.

Notes of Decisions

   This section authorizes the Labor Relations Board to delegate its duties under section 1701 of the Public Employe Relations Act (43 P.S. §  1101.1701) to the Attorney General, it cannot be harmonized with the General Assembly’s intent and, therefore, is invalid. Trometter v. Pennsylvania Labor Relations Board, 147 A.3d 601 (Pa. Cmwlth. 2016).



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