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203.2 Contents. Such petition shall contain the following: (a) The name and address of the petitioner.

(b) The name and address of the employer or employers involved, the general nature of their businesses, and the approximate number of their employees.

(c) A description of the bargaining unit claimed to be appropriate, the approximate number of employees therein, the number and classifications of employees which the representatives on whose behalf the petition is filed claim to represent, the names of any other known individuals or labor organizations who claim to represent any of the employees in the alleged bargaining unit.

(d) A brief statement setting forth the nature of the question or controversy affecting commerce that has arisen concerning representation.

(e) Any other relevant facts.* *

203.3 Investigation by regional director upon direction of Board; notice of hearing; service of notice. If it appears to the Board that an investigation should be instituted it shall so direct and (except as provided in $ 203.10) shall authorize the regional director to undertake such investigation, and to provide for an appropriate hearing upon due notice, either in conjunction with a proceeding instituted pursuant to $ 202.5, or otherwise. The regional director shall thereupon proceed with such investigation and in connection therewith shall prepare and cause to be served upon the petitioners, upon the employer or employers involved, and upon any known individuals or labor organizations purporting to act as representatives of any employees directly affected by such investigation (all of whom are hereinafter referred to as “the parties to the proceeding”), a notice of hearing upon the question of representation before a trial examiner at a time and place fixed therein. A copy of the petition shall be served with such notice of hearing. **

203.4 Motions; interventions; witnesses; subpenas. All matters relating to motions, interventions, witnesses, and subpenas shall be

governed by the provisions of S$ 262.14–202.22.**

HEARING

203.5 Conducted by trial examiner specially designated; hearing to be public unless otherwise ordered; substitution of trial examiners; duty of trial examiner; powers of Board counsel and trial examiner. The hearing upon the question of representation shall be conducted by a trial examiner specially designated by the Board, by the chief trial examiner, or by the regional director, and shall be open to the public unless otherwise ordered by the trial examiner. At any time a trial examiner may be designated to take the place of the trial examiner previously designated to conduct the hearing. It shall be the duty of the trial examiner to inquire fully into the question of representation. Counsel for the Board, and the trial examiner, shall have power to call, examine, and cross

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**For statutory and source citations, see note to $ 203.1.

examine witnesses and to introduce into the record documentary and other evidence.**

203.6 Evidence; rights of parties. The introduction of evidence at the hearing and the rights of the parties to the proceedings shall be governed by S8 202.25–202.31.**

RECORD

203.7 What constitutes; transmission to Board. Upon the close of the hearing the regional director shall forward to the Board in Washington, D. C., the petition, notice of hearing, motions, rulings, orders, the stenographic report of the hearing, stipulations, exhibits, documentary evidence, and depositions, all of which shall constitute the record in the proceeding.**

PROCEEDINGS BEFORE BOARD: ELECTION

203.8 Oral argument; briefs; further hearing; certification of representatives; direction of election. The Board shall thereupon proceed, either forth with upon the record, or after oral argument or the submission of briefs, or after further hearing, as it may determine, to certify to the parties to the proceeding the name or names of the representatives that have been designated or selected, or to direct a secret ballot of the employees in order to complete the investigation, or to make other disposition of the matter.**

203.9 Election to be conducted by agent upon direction of Board; intermediate report upon secret ballot; objections to ballot or intermediate report; notice and hearing upon objections; report of trial examiner with respect to objections; transmission of intermediate report upon secret ballot and record of hearing upon objections to Board; disposition by Board. Where the Board determines that a secret ballot should be taken it shall direct such ballot to be conducted by a designated agent upon such terms as it may specify. Upon conclusion of such ballot the agent conducting the ballot shall prepare an intermediate report containing a tally of the ballots, his findings and recommendations, which he shall cause to be served upon the parties to the proceeding. Within 5 days thereafter the parties to the proceeding may file with the regional director any objection to the ballot or the intermediate report. If it appears to the regional director that any such objection raises a substantial and material issue with respect to the conduct of the ballot he shall issue and cause to be served upon the parties a notice of hearing on said objections before a trial examiner. Said trial examiner shall consider such objections raised to said ballot and shall prepare and file with the regional director a report containing findings and recommendations with respect thereto. Thereafter the regional director shall forward to the Board in Washington, D. C., the intermediate report of the agent conducting the ballot, the objections filed thereto, the notice of hearing, motions, rulings, orders, the stenographic report of the hearing, stipulations, exhibits, docu

**For statutory and source citations, see note to $ 203.1.

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(129)

mentary evidence, and depositions, all of which, together with the record previously made, shall constitute the record in the case. The Board shall thereupon proceed as set forth in § 203.8. If no objection raising a substantial and material issue with respect to the conduct of the ballot is filed to the intermediate report of the agent conducting the ballot the regional director shall forward directly to the Board in Washington, D. C., the intermediate report, which, together with the record previously made, shall constitute the record in the case. The Board shall thereupon proceed as set forth in 8 203.8.**

203.10 Filing petition with Board; investigation upon motion of Board; transfer of petition and proceeding from region to Board or to another region; consolidation of proceedings in same region; procedure before Board in cases over which it has assumed jurisdiction. Whenever the Board deems it necessary in order to effectuate the purposes of the Act, it may

(a) Permit a petition requesting an investigation and certification to be filed with it, and may upon the filing of such petition proceed to conduct an investigation under section 9 (c) of the Act, or direct any regional director, or other agent or agency, to conduct such an investigation; or

(b) Upon its own motion conduct, or direct any member, regional director, or other agent or agency, to conduct an investigation under section 9 (c) of the Act; or

(c) At any time after a petition has been filed with a regional director pursuant to $ 203.1, order that such petition, and any proceeding which may have been instituted in respect thereto

(1) 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

(2) 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

(3) Be transferred to and continued in any other region, for the purpose of consolidation with any proceeding which may have been instituted in such other region, or for any other purpose.

The provisions of this part shall, in so far as applicable, apply to proceedings conducted pursuant to paragraphs (a), (b), and (c) (1) of 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, or by the regional director, or other agent or agency directed to conduct the investigation. After the transfer of any petition and any proceeding which may have been instituted in respect thereto from one region to another pursuant to paragraph (c (3) of this section, the provisions of this part shall apply to such proceeding as if the Board had originally directed that the investigation be conducted in the region to which the transfer is made.**

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**For statutory and source citations, see note to § 203.1.

PART 204-DESIGNATION OF REGIONAL DIRECTORS, EXAMINERS, AND ATTORNEYS AS AGENTS OF THE BOARD

Sec.

Sec. 204.1 Powers and duties of regional 204.3 Powers and duties of attorneys. directors.

204.4 Special designations of agents. 204.2 Powers and duties of examiners.

Section 204.1 Powers and duties of regional directors. All regional directors now or hereafter in the employ of the Board are herewith designated by the Board as its agents:

(a) To prosecute any inquiry necessary to the functions of the Board, in accordance with section 5 of the Act (49 Stat. 452; 29 U.S.C., Sup., 155).

(b) To investigate concerning the representation of employees (including the taking of secret ballots of employees) and conduct hearings in connection with such investigations, in accordance with section 9 (c) of the Act (49 Stat. 453; 29 U.S.C., Sup., 159 (c)).

(c) To issue and cause to be served complaints, to amend complaints, and to conduct hearings upon such complaints, in accordance with section 10 (b) of the Act (49 Stat. 453; 29 U.S.C., Sup., 160 (b)).

(d) To have access to and the right to copy evidence, to administer oaths and affirmations, to examine witnesses, and to receive evidence, in accordance with section 11 (1) of the Act.*+ (49 Stat. 455; 29 U.S.C., Sup., 161 (1)

*88 204.1 to 204.4, inclusive, issued under the authority contained in sec. 6 (a), 49 Stat. 452; 29 U.S.C., Sup., 156.

řIn 88 204.1 to 204.4, inclusive, the numbers to the right of the decimal point correspond with the respective section numbers in Art. IV, Rules and regulations, series 1, as amended, NLRB, Apr. 27, 1936, 1 F.R. 280.

204.2 Powers and duties of examiners. All examiners now or hereafter in the employ of the Board are herewith designated by the Board as its agents :

(a). To prosecute any inquiry necessary to the functions of the Board, in accordance with section 5 of the Act.

(b) To investigate concerning the representation of employees (including the taking of secret ballots of employees), in accordance with section 9 (c) of the Act.

(c) To have access to and the right to copy evidence, and to administer oaths and affirmations, in accordance with section 11 (1) of the Act.**

204.3 Powers and duties of attorneys. All attorneys now or hereafter in the employ of the Board are herewith designated by the Board as its agents:

(a) To prosecute any inquiry necessary to the functions of the Board, in accordance with section 5 of the Act.

(b) To investigate concerning the representation of employees (including the taking of secret ballots of employees) and conduct hearings in connection with such investigation, in accordance with section 9 (c) of the Act.

**For statutory and source citations, see note to $ 204.1.

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(c) To amend complaints issued under section 10 (b) of the Act and to conduct hearings upon complaints issued in accordance with section 10 (b) of the Act.

(d) To have access to and the right to copy evidence, to administer oaths and affirmations, to examine witnesses, and to receive evidence, in accordance with section 11 (1) of the Act.**

204.4 Special designations of agents. The foregoing designations shall not be construed to limit the power of the Board to make such special designation of agents as may in its discretion be necessary or proper to effectuate the purposes of the Act.**

PART 205-SERVICE OF PROCESS AND PAPERS

Sec.
205.1 Proof of service.

Sec.
203.2 Service by parties; proof of

service.

Section 205.1 Proof of service. Complaints, orders, and other process and papers of the Board, its member, agent, or agency, may be served personally or by registered mail or by telegraph or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving the same, setting forth the manner of such service, shall be proof of the same, and the return post office receipt or telegraph receipt therefor when registered and mailed or telegraphed as aforesaid, shall be proof of service of the same. (Sec. 6 (a), 79 Stat. 452; 29 Ú.S.C., Sup., 156) [Art. V, sec. 1, R. & Regs., ser. 1 as amended, Apr. 27, 1936, 1 F.R. 281]

205.2 Service by parties; proof of service. Service of papers by a party on other parties shall be made by registered mail or in any manner provided for the service of papers in a civil action by the law of the State in which the hearing is pending. When service is made by registered mail, the return post office receipt shall be proof of service. When service is made in any manner provided by such law, proof of service shall be made in accordance with such law. (Sec. 6 (a), 49 Stat. 452; 29 U.S.C., Sup., 156) [Art. V, sec. 2, R. & Regs., ser. 1 as amended, Apr. 27, 1936, 1 F.R. 281]

PART 206–CERTIFICATION AND SIGNATURE OF

DOCUMENTS

Sec.

Sec. 206.1 Certification of papers and docu- 206.2 Signature of orders and ments.

plaints.

com

Section 206.1 Certification of papers and documents. The Secretary of the Board, or in the event of his absence or disability, the Assistant Secretary of the Board, shall certify copies of all papers and documents which are a part of any of the files or records of the Board as may be necessary or desirable from time to time. (Sec. 6 (a), 49 Stat. 452; 29 U.S.C., Sup., 156) [Art. VI, sec. 1, R. & Regs., ser. 1 as amended, Apr. 27, 1936, 1 F.R. 281]

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**For statutory and source citations, see note to $ 204.1.

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