Freedom Foundation v. Pennsylvania Labor Relations Board

Summary

The Pennsylvania Commonwealth Court affirms the Pennsylvania Labor Relations Board’s dismissal as untimely of Freedom Foundation’s report alleging that the Pennsylvania State Education Association made illegal political contributions under the Public Employe Relations Act. The court holds that Freedom Foundation was aggrieved and had standing to appeal, but concludes that the four-month limitations period in Section 1505 of the Act applies to reports of alleged violations under Section 1701. The court does not reach the merits of the alleged contributions.

Holdings

1. Freedom Foundation was aggrieved by the Board's dismissal of its report as untimely and had a direct interest in whether its report was timely; therefore, it had standing to appeal.
2. The four-month statute of limitations in Section 1505 of PERA applies to reports of allegedly illegal political contributions filed under Section 1701 and 34 Pa. Code § 95.112.
3. The Board properly dismissed the Foundation's report as untimely because the Foundation filed it more than four months after it knew or should have known of the alleged political contributions and nondisclosure.

Questions Presented

1. Whether Freedom Foundation had standing to appeal the Board's dismissal of its report as untimely.
2. Whether the four-month statute of limitations in Section 1505 of PERA applies to reports of allegedly illegal political contributions filed under Section 1701 of PERA and 34 Pa. Code § 95.112.
3. Whether the Board properly dismissed the Foundation's report as untimely because it was filed more than four months after the Foundation knew or should have known of the alleged violations.

Disposition

affirmed