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202.21 Subpenas; issuance of by members of Board; form and procedure for making application for issuance. Any member of the Board may issue subpenas requiring the attendance and testimony of witnesses and the production of any evidence, including books, records, correspondence, or documents that relate to any matter under investigation or in question, before the Board, its member, agent, or agency, conducting the hearing or investigation. Applications for the issuance of such subpenas may be filed by any party to the proceedings with the regional director, or, during the hearing, with the trial examiner. Such applications shall be timely and shall specify the name of the witness and the nature of the facts to be proved by him, and must specify the documents, the production of which is desired, with such particularity as will enable them to be identified for purposes of production.*i
202.22 Witness fees and mileage; fees of persons taking depositions; payment. Witnesses summoned before the trial examiner shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. Witness fees and mileage shall be paid by the party at whose instance the witnesses appear and the person taking the deposition shall be paid by the party at whose instance the deposition is taken.**
HEARING 202.23 Conducted by trial examiner specifically designated; substitution of trial examiners; hearing to be public unless otherwise ordered. The hearing for the purpose of taking evidence upon a complaint shall be conducted by a trial examiner specifically designated by the Board, by the chief trial examiner, or by the regional director. At any time a trial examiner may be designated to take the place of the trial examiner previously designated to conduct the hearing: Such hearings shall be public, unless otherwise ordered by the trial examiner.**
202.24 Duty of trial examiner; powers of Board counsel and trial examiner. It shall be the duty of the trial examiner to inquire fully into the facts as to whether the respondent has engaged in or is engaging in an unfair labor practice affecting commerce as set forth in the complaint or amended complaint. Counsel for the Board, and the trial examiner, shall have power to call, examine, and cross-examine witnesses and to introduce into the record documentary or other evidence.**
202.25 Rights of parties. Any party to the proceeding shall have the right to appear at such hearing in person, by counsel, or otherwise, to call, examine, and cross-examine witnesses, and to introduce into the record documentary or other evidence.**
202.26 Rules of evidence not controlling. In any such proceeding the rules of evidence prevailing in courts of law or equity shall not be controlling.*+
**For statutory and source citations, see note to 8 202.1.
202.27 Stipulations of fact admissible. In any such proceeding stipulations of fact may be introduced in evidence with respect to any issue.**
202.28 Objections to conduct of hearing; objections not waived by further participation. Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, shall be stated orally, together with a short statement of the grounds of such objection, and included in the stenographic report of the hearing. No such objection shall be deemed waived by further participation in the proceeding.**
202.29 Oral argument; briefs. Any party to the proceeding shall be entitled to a reasonable period at the close of the hearing for oral argument, which shall not be included in the stenographic report of the hearing unless the trial examiner so directs. The parties shall be entitled to file briefs or written statements only with permission of the trial examiner.**
202.30 Continuance; adjournment. In the discretion of the trial examiner, the hearing may be continued from day to day, or adjourned to a later date or to a different place, by announcement thereof at the hearing by the trial examiner, or by other appropriate notice. **
202.31 Contemptuous conduct; refusal of witness to answer questions. Contemptuous conduct at any hearing before a trial examiner or before the Board shall be ground for exclusion from the hearing. The refusal of a witness at any such hearing to answer any question which has been ruled to be proper shall be ground for the striking out of all testimony previously given by such witness on related matters.**
INTERMEDIATE REPORT AND TRANSMISSION OF CASE TO THE BOARD
202.32 Intermediate report of trial examiner; where filed; transmission to Board; service upon parties; contents. hearing for the purpose of taking evidence upon a complaint, the trial examiner shall prepare an intermediate report, which he shall file with the regional director issuing the complaint, who will thereafter transmit the original of the intermediate report to the Board in Washington, D. C., and cause a copy thereof to be served upon each of the parties to the proceeding. Such report shall contain (a) findings of fact, separately stated and numbered, and (b) recommendations as to what disposition of the case should be made, which may include, if it be found that respondent has engaged in or is engaging in the alleged unfair labor practice, a recommendation as to what affirmative action should be taken by respondent to bring about a condition in harmony with the law.**
202.33 Record; what constitutes; transmission to Board. Thereafter the regional director issuing the complaint shall forward to the Board in Washington, D. C., the charge, complaint, amended complaint, notice of hearing, answer, amended answer, motions, rulings, orders, the stenographic report of the hearing, stipulations,
* For statutory and source citations, see note to § 202.1.
exhibits, documentary evidence, and depositions, all of which, together with the intermediate report and exceptions, shall constitute the record in the case.**
EXCEPTIONS TO THE RECORD AND INTERMEDIATE REPORT
202.34 Time and place for filing; form; service upon other parties; extension of time for filing. If any party desires to take an exception to the intermediate report or to any other part of the record (including rulings upon all motions or objections) he shall within 10 days from the date of service of the intermediate report file with the Board at Washington, D. C., four copies of a statement in writing setting forth such exceptions. Immediately upon the filing of the statement of exceptions the party filing the same shall serve a copy thereof upon each of the other parties to the proceeding: Upon proper cause shown, the Board may extend the period within which to file a statement of exceptions.**
202.35 Matter not included in exceptions may not be objected to before Board; failure to file exceptions operates as submission of case to Board. No matter not included in a statement of exceptions may thereafter be objected to before the Board, and failure to file a statement of exceptions shall operate as submission of the case to the Board on the record and the intermediate report.**
PROCEDURE BEFORE THE BOARD
202.36 Proceedings before Board after expiration of time for filing exceptions-(a) Where trial examiner finds unfair labor practices; briefs; oral argument before Board; reopening record; further evidence. Where the trial examiner has found in his intermediate report that the respondent has engaged in or is engaging in unfair labor practices affecting commerce, the Board may, upon the expiration of the period for filing a statement of exceptions, as provided in § 202.34, decide the matter forthwith upon the record, or after the filing of briefs, or oral argument, or may reopen the record and receive further evidence, or require the taking of further evidence before a member of the Board or other agent or agency, or may make other disposition of the case. The Board shall notify the parties of the time and place for any such submission of briefs, oral argument, or taking of further evidence.
(b) Where trial examiner finds no unfair labor practices; if no exceptions filed case considered closed; reopened record upon cause shown. Where the trial examiner has found in his intermediate report that the respondent has not engaged in and is not engaging in unfair labor practices affecting commerce, and no exceptions have been filed within the period for filing a statement of exceptions, as provided in 8 202.34, the case shall be considered closed. The Board may, upon motion made within a reasonable period and upon proper cause shown, reopen the record for further proceedings in accordance with this section.**
**For statutory and source citations, see note to § 202.1.
202.37 Filing charge with Board; transfer of charge and proceeding from region to Board or to another region; consolidation of proceedings in same region. Whenever the Board deems it necessary in order to effectuate the purposes of the Act, it may permit a charge to be filed with it, in Washington, D. C., or may, at any time after a charge has been filed with a regional director pursuant to § 202.2, order that such charge and any proceeding which may have been instituted in respect thereto
(a) Be transferred to and continued before it, for the purpose of consolidation with any proceeding which may have been instituted by the Board, or for any other purpose; or
(b) Be consolidated for the purpose of hearing, or for any other purpose, with any other proceeding which may have been instituted in the same region; or
(c) Be transferred to and continued in any other region, for the purpose of consolidation with any proceeding which may have been instituted in or transferred to such other region, or for any other purpose.
The provisions of $8 202.3–202.31 shall, in so far as applicable, apply to proceedings before the Board pursuant to this section, and the powers granted to regional directors in such provisions shall, for the purpose of this section, be reserved to and exercised by the Board. After the transfer of any charge and any proceeding which may have been instituted in respect thereto from one region to another pursuant to this section, the provisions of $8 202.3–202.36 shall apply to such charge and such proceeding as if the charge had originally been filed in the region to which the transfer is made.* *
202.38 In cases over which Board has assumed jurisdiction. After a hearing for the purpose of taking evidence upon the complaint in any proceeding over which the Board has assumed jurisdiction in accordance with § 202.37, the Board may
(a) Direct that the trial examiner prepare an intermediate report, in which case the provisions of $8 202.32–202.36 shall in so far as applicable govern subsequent procedure, and the powers granted to regional directors in such provisions shall for the purpose of this section be reserved to and exercised by the Board; or
(b) Decide the matter forthwith upon the record, or after the filing of briefs or oral argument; or
(c) Reopen the record and receive further evidence, or require the taking of further evidence before a member of the Board, or other agent or agency; or
(d) Make other disposition of the case.
The Board shall notify the parties of the time and place of any such submission of briefs, oral argument, or taking of further evidence.*+
**For statutory and source citations, see note to § 202.1.
PART 203—PROCEDURE UNDER SECTION 9 (C) OF THE ACT FOR THE INVESTIGATION AND CERTIFICATION OF REPRESENTATIVES
Sec. Petition for investigation and Proceedings before Board : Eleccertification of representatives
tion 203.1 Who may ile; where to file; 203.8 Oral argument; briefs; further form; jurat; blank forms pro
hearing; certification of reprevided.
sentatives; direction of election, 203.2 Contents.
203.9 Election to be conducted by 203.3 Investigation by regional direc
agent upon direction of Board ; tor upon direction of Board ;
intermediate report upon secret notice of hearing; service of
ballot; objections to ballot or notice.
intermediate report; notice and 203.4 Motions ; interventions; wit
hearing upon objections; report
of trial examiner with respect nesses; subpenas.
to objections; transmission of Hearing
intermediate report upon secret 203.5 Conducted by trial examiner spe
ballot and record of hearing cially designated; hearing to be
upon objections to Board; dispublic unless otherwise
position by Board. dered ; substitution of trial ex- 203.10 Filing petition with Board ; inaminers; duty of trial exam
vestigation upon motion of iner; powers of Board counsel
Board ; transfer of petition and and trial examiner.
proceeding from region 203.6 Evidence; rights of parties.
Board or to another region ;
consolidation of proceedings in Record
same region; procedure before 203.7 What constitutes; transmission
Board in cases over which it to Board.
has assumed jurisdiction.
PETITION FOR INVESTIGATION AND CERTIFICATION OF REPRESENTATIVES
Section 203.1 Who may file; where to file; form; jurat; blank forms provided. A petition requesting the Board to investigate and certify under section 9 (c) of the Act (49 Stat. 453; 29 U.S.C., Sup., 159 (c)) the name or names of the representatives designated or selected for the purpose of collective bargaining may be filed by any employee or any person or labor organization acting on his behalf (hereinafter referred to as the “petitioner"); Except as provided in $ 203.10, such petition shall be filed with the regional director for the region wherein the contemplated bargaining unit exists, or, if the contemplated bargaining unit exists in two or more regions, with the regional director for any of such regions. Such petition shall be in writing, the original being signed and sworn to before any notary public or any agent of the Board authorized to administer oaths or acknowledgments. Three additional copies of the petition shall be filed. A blank form for filing such a petition will be supplied by the regional director upon request.**
*88 203.1 to 203.10, inclusive, issued under the authority contained in secs. 6(a), 49 Stat. 452; 29 U.S.C., Sup., 156: interpret sec. 9 (c), 49 Stat. 453; 29 U.S.C., Sup., 159 (c).
†In 88 203.1 to 203.10, inclusive, the numbers to the right of the decimal point correspond with the respective section numbers in Art. III, Rules and regulations, series 1, as amended, NLRB, Apr. 27, 1936, 1 F.R. 279.