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such written advice, but not less than 7 days from the date thereof, why it should not take such action. The Board may censure, or, to the extent permitted by law, suspend, dismiss, or institute proceedings for the dismissal of, any Board agent who knowingly and willfully violates the prohibitions and requirements of this rule. (32 FR. 8406, June 18, 1967)
response thereto may be made part of the record of the proceeding, and provision made for any further action, including reopening of the record, which may be required under the circumstances. No action taken pursuant to this provision shall constitute a waiver of the power of the Board to impose an appropriate penalty under $ 102.134. $ 102.134 Penalties and enforcement.
Upon notice and hearing, the Board may censure, suspend, or revoke the privilege of practice before the agency of any person who knowingly and willfully makes or solicits the making of a prohibited ex parte communication. To the extent permitted by law, the Board may, under appropriate circumstances, de or limit remedial measures otherwise available under the act to any party who shall, directly or indirectly, knowingly and willfully make or solicit the making of an
unauthorized communication. However, before the Board Institutes formal proceedings under this section, it shall first advise the person or persons concerned in writing that it proposes to take such action and that they may show cause, within a period to be stated in
PART 103—OTHER RULES 1 Subpart A-Jurisdictional Standards § 103.1 Colleges and universities.
The Board will assert its jurisdiction in any proceeding arising under sections 8, 9, and 10 of the Act involving any private nonprofit college or university which has a gross annual revenue from all sources (excluding only contributions which, because of limitation by the grantor, are not available for use for operating expenses) of not less than $1 million. (35 F.R. 18370, Dec. 3, 1970)
135 F.R. 18370, Dec. 3, 1970.
CHAPTER 11-OFFICE OF THE ASSISTANT SECRETARY FOR LABOR-MANAGEMENT RELATIONS, DEPARTMENT OF LABOR 1
Subpart A-Purpose and Scope Sec. 201.1 Purpose and scope.
Subpart B—Meanings of Terms in this Chapter 201.10 Order. 201.11 Agency, employee, labor organization,
council, panel, Assistant Secretary. 201.12 National consultation rights, exclu
sive recognition, unfair labor
practices. 201.13 Standards of conduct for labor
organizations. 201.14 Activity. 201.15 Regional Administrator. 201.16 Area Administrator. 201.17 Director. 201.18 Party. 201.19 Intervenor. 201.20 Certification. 201.21 Appropriate unit. 201.22 Secret ballot. 201.23 Hearing Officer. 201.24 Hearing Examiner. 201.25 Chief Hearing Examiner. 201.26 Showing of interest.
AUTHORITY: The provisions of this part 201 issued under secs. 6, 18, E.O. 11491; 3 CFR, 1969 Comp., p. 191.
SOURCE: The provisions of this part 201 appear at 35 F.R. 2556, Feb. 4, 1970; 35 F.R. 5688, Apr. 8, 1970, unless otherwise noted.
Subpart A-Purpose and Scope 8 201.1 Purpose and scope.
The regulations contained in this chapter are designed to implement the provisions of sections 6, 9, 10, 18, and 19 of Executive Order 11491 of October 29, 1969, “Labor-Management Relations in the Federal Service" (34 F.R. 17605). They prescribe procedures and basic principles which the Assistant Secretary of Labor for Labor-Management Relations will utilize in:
(a) Deciding questions as to the appropriate unit for the purpose of exclusive recognition and related issues submitted for his consideration;
(b) Supervising elections to determine whether a labor organization is the choice of a majority of the employees in an appropriate unit as their exclusive representative, and certifying the results;
(c) Deciding questions as to eligibility of labor organizations for national consultation rights under criteria prescribed by the Federal Labor Relations Council;
(d) Effectuating the standards of conduct required of labor organizations by section 18 of the order;
(e) Deciding complaints of alleged unfair labor practices, and alleged violations of the standards of conduct for labor organizations.
135 F.R. 2556, Feb. 4, 1970.
Subpart B—Meanings of Terms in This plaint, petition or request; (b) named Chapter
as a party in a complaint, petition or
request; or (c) whose intervention in a As used in this chapter:
proceeding has been permitted or di$201.10 Order.
rected by the Assistant Secretary, Re
gional Administrator, Area Administra“Order" means Executive Order 11491,
tor, Director, Hearing Oficer, or Hearing entitled “Labor-Management Relations Examiner, as the case may be. in the Federal Service."
§ 201.19 Intervenor. $ 201.11 Agency, employee, labor organization, council, panel, Assistant
"Intervenor” means a party in a proSecretary.
ceeding whose intervention has been
permitted or directed by the Assistant “Agency," "employee,” “labor organi
Secretary, Regional Administrator, Area zation,” “Council,” “Panel,” and “Assist
Administrator, Director, Hearing Officer, ant Secretary" have the meanings set
or Hearing Examiner, as the case may forth in section 2 of the order.
be. 8 201.12 National consultation rights,
$ 201.20 Certification.
“Certification" means the determina“National consultation rights,” “Ex
tion by the Assistant Secretary, Regional clusive recognition,” and “unfair labor
Administrator, or Area Administrator of
the results of an election held under the practices” have the meanings as set forth
order and the regulations in this chapin sections 9, 10, and 19, respectively, of
ter, including a certification of representhe order.
tative for exclusive recognition under the & 201.13 Standards of conduct for labor order. organizations.
$ 201.21 Appropriate unit. “Standards of conduct for labor organizations” shall have the meaning as
“Appropriate unit” means that group
ing of employees found to be appropriate set forth in section 18 of the order, as amplified in Part 204 of this chapter.
for purposes of exclusive recognition
consistent with the provisions of section $ 201.14 Activity.
10 (b) and (c) of the order. “Activity” means any facility, geo- S 201.22 Secret ballot. graphical subdivision, or combination
"Secret ballot” means the expression thereof, of any agency, as that term is
by ballot, voting machine or otherwise, defined in section 2 of the order.
but in no event by proxy, of a choice 8 201.15 Regional Administrator.
with respect to any election or vote taken "Regional Administrator" means the
upon any matter, which is cast in such a Administrator of a region of the Labor
manner that the person expressing such Management Services Administration,
choice cannot be identified with the with geographical boundaries as fixed by
choice expressed, except in that instance the Assistant Secretary.
in which any determinative challenged
ballot is opened. 8 201.16 Area Administrator.
& 201.23 Hearing Officer. “Area Administrator" means the Ad
"Hearing Officer” means the individual ministrator of an area office within a
designated to conduct a hearing in a unit region of the Labor-Management Sery
dispute or such other representation ices Administration, with geographical
matters as may be assigned. boundaries as fixed by the Assistant Secretary.
$ 201.24 Hearing Examiner.
"Hearing Examiner" means an individ8 201.17 Director.
ual designated by the Chief Hearing "Director” means the Director of the Examiner to conduct the hearing in Office of Labor-Management and Wel- cases under sections 18 and 19 of the fare-Pension Reports.
order and such other matters as may be 8 201.18 Party.
assigned. "Party" means any person, employee,
& 201.25 Chief Hearing Examiner. group of employees, labor organization, “Chief Hearing Examiner” means the agency or activity: (a) Filing a com- Chief Hearing Examiner, United States Department of Labor, Washington, D.C. 8 202.1 Who may file petitions. 20210.
(a) A petition for exclusive recogni§ 201.26 Showing of interest.
tion may be filed by a labor organization "Showing of interest” means a desig
requesting an election to determine nated percentage of Federal employees
whether it should be recognized as the in a unit claimed to be appropriate or a exclusive representative of employees of unit determined to be appropriate, who an agency in an appropriate unit or are members of a labor organization or should replace another labor organizahave designated it as their exclusive rep- tion as the exclusive representative of resentative or have signed and dated a employees in an appropriate unit. petition or cards requesting an election
(b) A petition for an election to deto determine whether a labor organiza- termine if a labor organization should tion should cease to be the exclusive cease to be the exclusive representative representative because it does not repre
because it does not represent a majority sent a majority of the employees. Such of employees in an appropriate unit may designations shall consist of written au
be filed by an agency or by any emthorization cards or petitions, signed and ployee(s) or any individual acting on dated by employees, authorizing a labor
their behalf. organization to represent such em
(c) A petition for clarification of an ployees for purposes of exclusive recog- existing unit or amendment of certificanition, executed allotment of dues forms, tion may be filed by an agency or labor current dues records, an existing or
organization which is currently recogrecently expired agreement, current ex- nized by the agency as an exclusive clusive recognition or certification, or representative. other evidence approved by the Assistant (d) A petition for a determination as Secretary.
to the eligibility of a labor organization
for national consultation rights under PART 202_REPRESENTATION criteria prescribed by the Council may be PROCEEDINGS
filed by an agency or labor organization. Sec.
§ 202.2 Contents of petition; challenges 202.1 Who may file petitions.
to petition. 202.2 Contents of petition; challenges to petition.
(a) Petition for exclusive recognition. 202.3 Timeliness of petition.
A petition by a labor organization for 202.4 Investigation of petition and posting exclusive recognition shall be submitted of notice of petition.
on a form prescribed by the Assistant 202.5 Intervention.
Secretary and shall contain the 202.6 Withdrawal, dismissal or deferral of
following: petitions; consolidation of cases. 202.7 Agreement for consent election.
(1) The name of the agency and the 202.8 Notice of hearing.
activity involved, their addresses, tele202.9 Conduct of hearing.
phone numbers, and the persons to con202.10 Motions.
tact and their titles, if known; 202.11 Rights of the parties.
(2) A description of the unit appro202.12 Duties and powers of the Hearing priate or claimed to be appropriate for Officer.
purposes of exclusive representation by 202.13 Ojections to conduct of hearing. 202.14 Filing of briefs.
the petitioner. Such description shall in202.15 Transfer of case to Assistant Secre
dicate generally the geographic locations tary; contents of record.
and the classifications of employees 202.16 Decision.
sought to be included and those sought 202.17 Election procedure.
to be excluded and the approximate 202.18 Challenged ballots.
number of employees in the unit claimed 202.19 Tally of ballots. 202.20 Objections to election; determina
to be appropriate; tion on objections and challenged
(3) Name, address, and telephone ballots.
number of the recognized or certified 202.21 Runoff elections.
representative, if any, and the date of 202.22 Inconclusive elections.
such recognition or certification and the AUTHORITY: The provisions of this part
expiration date of any applicable agree202 issued under sec. 6, E.O. 11491; 3 CFR, 1969 Comp., p. 191.
ment, if known to the petitioner; SOURCE: The provisions of this part 202
(4) Names, addresses, and telephone appear at 35 F.R. 2557, Feb. 4, 1970; 35 F.R. numbers of any other interested labor 5688, Apr. 8, 1970, unless otherwise noted. organizations, if known to the petitioner;