Subchapter E. COLLECTIVE BARGAINING


Sec.


123.401.    Use of ADR systems.
123.402.    Forms and filing requirements.
123.403.    Effect of creation, continuation and termination of ADR systems.
123.404.    Effect and appeal of ADR final determinations.

§ 123.401. Use of ADR systems.

 CBAs may provide for the use of an ADR system which may include arbitration, mediation and conciliation, for the resolution of claims for work-related injuries.

§ 123.402. Forms and filing requirements.

 (a)  If the employer and the recognized or certified and exclusive representative of its employes agree to establish an ADR system, a copy of the portion of the CBA which establishes the ADR system shall be provided to the Governor’s Office of Labor-Management Cooperation in the Department.

 (b)  The standard forms and filing requirements of the act which reflect the voluntary action or agreement of the parties remain in effect for parties participating in an ADR system under section 450 of the act (77 P. S. §  1000.6). The forms exclusively pertaining to filings before a workers’ compensation judge are inapplicable to parties participating in an ADR system.

 (c)  Documents submitted to the Department under this subchapter shall clearly indicate, by notation on the top page of the document, that a section 450 ADR system governs the disposition of the matter.

 (d)  Final determinations rendered by means of an ADR system shall be documented and a copy of the determination shall be submitted to the parties and to the Department.

§ 123.403. Effect of creation, continuation and termination of ADRsystems.

 (a)  Once established by a CBA, an ADR system shall be the exclusive system for resolving claims for work-related injuries during the existence of the CBA or longer, if the CBA provides for the continued operation of the ADR system at the expiration of the CBA.

 (b)  When an ADR system governing a work-related injury is no longer in effect, resolution of claims shall be fully subject to the act, including review by a workers’ compensation judge.

§ 123.404. Effect and appeal of ADR final determinations.

 (a)  Final determinations rendered under an ADR system are binding and enforceable.

 (b)  Appeals from determinations rendered under an ADR system are limited to those made under the conditions specified by 42 Pa.C.S. §  7314 (relating to vacating award by court).



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