43 Pa. Stat. § 213.13

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 213.13 - Judicial review; further mediation or arbitration if order vacated

Either party to the labor dispute may petition for review of such order on any of the following grounds that--

(a) The order was procured by corruption, fraud or unlawful means.

(b) There was evident partiality or corruption on the part of the arbitrators or any of them.

(c) The arbitrators refused to postpone the hearing upon sufficient cause shown, or did not give the parties a reasonable opportunity to be heard, or refused to hear evidence pertinent and relevant to the controversy.

(d) The arbitrators exceeded their powers or so imperfectly executed them that a final and definite order upon the subject matter was not made.

(e) There was an evident material miscalculation of figures, or an evident mistake in the description of any person, thing or property referred to in the order.

(f) The arbitrators had ordered upon a matter not submitted to them, unless it was a matter not affecting the merits of the decision.

(g) The order is imperfect in matter of form, not affecting the merits of the controversy.

(h) The order is unreasonable in that it is not supported by the evidence.

The order of any court sustaining or modifying the order appealed from, and from which no further appeal is taken, shall become binding and shall control the relationship between the parties from the date that the original order of the board of arbitration has been filed with the prothonotary of the court of common pleas, and shall remain effective for one year from that date unless changed by mutual consent of the parties to the proceedings. If the order of any court vacates the order appealed from, and no further appeal is taken, then the Governor may either attempt further efforts to mediate the controversy or appoint another board of arbitration, in the event the parties do not first agree to engage in further collective bargaining, to settle such labor dispute.

Any such second arbitration board shall consider the evidence taken by the first board and such additional evidence as may be presented by the parties to the labor dispute. The order of any second board of arbitration shall supersede the preceding order and shall be filed in the court and be subject to review as in this act provided.

43 P.S. § 213.13

1947, June 30, P.L. 1161, § 13. Affected 1978, April 28, P.L. 202, No. 53, § 2(a) [1255], effective 6/27/1978.