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§ 211.9. Judicial review

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. § 211.9
§ 211.9. Judicial review
(a) The board shall have power to petition the court of common pleas of any county wherein the unfair labor practice in question occurred, or wherein any person charged with the commission of any unfair labor practice resides or transacts business, for the enforcement of such order and for appropriate temporary relief or restraining order, and shall certify and file in the court a transcript of the entire record in the proceeding, including the pleadings and testimony upon which such order was entered and the findings and order of the board. Upon such filing, the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript a decree enforcing, modifying and enforcing as so modified, or setting aside, in whole or in part, the order of the board. The parties before the court shall be the board and the person charged with the commission of any unfair labor practice. No objection that has not been urged before the board, its members or agents shall be considered by the court unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the board as to the facts, if supported by evidence, shall be conclusive. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court, that such additional evidence is material, and that there were reasonable grounds for the failure to adduce such evidence at the hearing before the board, its members or agent, the court may order such additional evidence to be taken before the board, its members or agent, and to be made a part of the transcript. The board may modify its findings as to the facts or make new findings by reason of additional evidence so taken and filed, and it shall file such modified or new findings which, if supported by evidence, shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order.
(b), (c) Repealed by 1978, April 28, P.L. 202, No. 53, § 2(a)[1190], effective June 27, 1978.
(d) When granting appropriate temporary relief or a restraining order or making and entering a decree enforcing, modifying, or enforcing as so modified, or setting aside, in whole or in part, an order of the board, as provided in this section, the jurisdiction of courts sitting in equity shall not be limited by acts pertaining to equity jurisdiction of courts. The act of June second, one thousand nine hundred and thirty-seven (Pamphlet Laws, one thousand one hundred ninety-eight), entitled “An act relating to employes and organizations thereof; defining labor disputes; prescribing the procedure by which and the conditions under which injunction may be granted in such disputes, and the scope thereof; declaring certain undertakings and promises between employers and employes contrary to public policy and void; prescribing the nature of proof necessary in actions arising out of labor disputes against persons or associations; prescribing the terms and conditions for bonds to be furnished prior to the issuance of injunctions; prescribing the procedure in case of appeal from granting injunctions; limiting the duration of temporary and permanent injunctions in case of labor disputes; and providing for the payment of costs; and repealing all acts or parts of acts inconsistent herewith,”1 shall not be applicable to orders of the board, or to court orders enforcing orders of the board, or any provision of this act, or to violations of any order of the board, or of court orders enforcing orders of the board, or any provision of this act.
(e) No petitions or charges involving questions arising under clause (b) of subsection (1) of section six2 shall relieve the board of determining any questions arising under subsection (c) of section seven of this act3 immediately, and in their regular and normal order, and the making of a certification thereon if such is warranted. No petition or charge shall be entertained which relates to acts which occurred or statements which were made more than six weeks prior to the filing of the petition or charge.

Credits

1937, June 1, P.L. 1168, No. 294, § 9. Amended 1939, June 9, P.L. 293, No. 162, § 1; 1943, May 26, P.L. 651, No. 287, § 2; 1945, May 18, P.L. 656, No. 283, § 1; 1951, July 6, P.L. 1000, No. 209, § 1. Affected 1971, June 3, P.L. 137, No. 6, § 1 (§ 509(a)(116)); 1978, April 28, P.L. 202, No. 53, § 2(a)[1190], effective June 27, 1978.

Footnotes

43 P.S. §§ 206a to 206r.
43 P.S. § 211.6.
43 P.S. § 211.7.
43 P.S. § 211.9, PA ST 43 P.S. § 211.9
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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