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§ 211.10. Investigatory powers

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. Labor

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 43 P.S. Labor (Refs & Annos)
Chapter 7. Trade Unions and Labor Disputes (Refs & Annos)
Pennsylvania Labor Relations Act (Refs & Annos)
43 P.S. § 211.10
§ 211.10. Investigatory powers
For the purpose of all hearings and investigations which, in the opinion of the board, are necessary and proper for the exercise of the powers vested in it by sections seven and eight,1 and for the purpose of investigating and considering labor disputes, other than a question concerning the representation of employes, which it shall be the duty of the board to undertake whenever petitioned so to do by either a labor organization, an employer, or the representative of any unit of employes--
(a) The board or its duly authorized agents shall at all reasonable times have access to, for the purpose of examination and the right to copy, any evidence of any person being investigated or proceeded against that relates to any matter under investigation or in question. Any member of the board shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation or in question before the board, its members or agent conducting the hearing or investigation. Such subpoenas shall be issued as a matter of right upon the request of either party at any time during the pendency of a proceeding. Any member of the board, or any agent designated by the board for such purposes, may administer oaths and affirmations, examine witnesses, and receive evidence.
(b) If any witness resides outside of the Commonwealth or through illness or other cause is unable to testify before the board or its members or agent conducting the hearing or investigation, his or her testimony or deposition may be taken within or without this Commonwealth, in such manner and in such form as the board or its members or agent conducting the hearing, may by special order or general rule prescribe.
(c) In case of contumacy or refusal to obey a subpoena issued to any person, the court, upon application by the board, shall issue to such person an order requiring such person to appear before the board, its members or agent, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof.
(d) No person shall be excused from attending and testifying or from producing books, records, correspondence, documents or other evidence in obedience to the subpoena of the board on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture, but no individual shall be prosecuted or subjected to any penalty or forfeiture for, or on account of, any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
(e) Complaints, orders, and other process and papers of the board, its members or agent may be served, either personally or by registered mail or by telegraph or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving the same, setting forth the manner of such service, shall be proof of the same, and the return post office receipt or telegraph receipt therefor when registered and mailed or telegraphed as aforesaid, shall be proof of service of the same. Witnesses summoned before the board, its members or agent shall be paid the same fees and mileage that are paid witnesses in the courts of this Commonwealth, and witnesses whose depositions are taken and the person taking the same shall severally be entitled to the same fees as are paid for like services in the courts of this Commonwealth.
(f) Repealed by 1978, April 28, P.L. 202, No. 53, § 2(a)[1190], effective June 27, 1978.
(g) The several departments, commissions, divisions, authorities, boards, bureaus, agencies and offices of the Commonwealth, or any political subdivision or agency thereof, shall furnish the board, upon its request, all records, papers, and information in their possession relating to any matter before the board.


1937, June 1, P.L. 1168, No. 294, § 10. Amended 1939, June 9, P.L. 293, No. 162, § 1. Affected 1978, April 28, P.L. 202, No. 53, § 2(a) [1190], effective June 27, 1978.


43 P.S. §§ 211.7 and 211.8.
43 P.S. § 211.10, PA ST 43 P.S. § 211.10
Current through 2023 Regular Session Act 7. Some statute sections may be more current, see credits for details.
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