Current through Register Vol. 54, No. 44, November 2, 2024
(a) The Board recognizes that the primary purpose of pleadings is the formation of the issues. Consequently, rules pertaining to pleadings will be liberally construed toward effecting that end.(b) An answer need not be filed in representation cases.(c) In unfair labor practice cases the respondent shall have the right to file an answer to the original or amended complaint. Answers shall be in writing, shall be verified by the person filing the same, and shall be filed with the Board at Harrisburg within the time designated by the Board. Copies of answers shall be served upon the parties to the proceeding. Proof of service of the answer shall be filed with the Board. A party who fails to file an answer shall be deemed to admit only those averments relating to the identity of the parties; other averments shall be deemed to be denied.(d) Affirmative defenses, including but not limited to, the jurisdiction of the Board, statute of limitations and section 10.1 of the act (43 P. S. § 211.10) shall be pleaded under the heading of new matter in the answer.(e) Allegations of new matter in the answer shall be deemed denied without the necessity of a reply.(f) In the discretion of the trial examiner at hearing, or otherwise in the discretion of the Board, an answer may be amended upon motion of the party filing it, upon due notice to the parties, at any time before the issuance of the final decision and order. The motion shall be in writing unless made during the conduct of a hearing.(g) When the respondent desires to waive hearing on the charges set forth in the complaint and not to contest the proceeding, the answer may consist of a statement that respondent refrains from contesting the proceeding or that respondent consents that the Board may make, enter and serve upon respondent an order to cease and desist from the violations of the act alleged in the complaint. In either case, the answer shall have the same force and effect as if the allegations of the complaint were admitted to be true and shall be deemed to waive a hearing thereon and to authorize the Board, without a hearing, evidence, findings of facts or without any other intervening procedure, to make, enter, issue and serve upon respondent an order to cease and desist from the violations of the act charged in the complaint or such other order as shall be appropriate.