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practice within the meaning of subsec- the basis of its current jurisdictional tion (a) (3) or (b) (2) of section 8 of the standards, he may file a petition with act, the regional office in which such the Board for an advisory opinion on charge is filed or to which it is referred whether it would assert jurisdiction on shall give it priority over all other cases the basis of its current standards. in the office except cases of like charac- (b) Whenever an agency or court of ter and cases under section 10(1) of the any State or Territory is in doubt whethact.

er the Board would assert jurisdiction $ 102.96 188 u ance of complaint

over the parties in a proceeding pending promptly.

before such agency or court, the agency

or court may file a petition with the Whenever the regional attorney or

Board for an advisory opinion on whethother Board officer to whom the matter er the Board would decline to assert may be referred seeks injunctive relief

jurisdiction on the basis of its current of a district court pursuant to section standards. 10(1) of the act, a complaint against the party or parties sought to be enjoined,

§ 102.99 Contents of petition for an adcovering the same subject matter as such

visory opinion. application for injunctive relief, shall be (a) A petition for an advisory opinion, issued promptly, normally within 5 days when filed by a party to a proceeding of the date upon which such injunctive before an agency or court of a State or relief is first sought, except in those Territory, shall allege the following: cases under section 10(1) of the act in (1) The name of the petitioner. which the procedure set forth in $ $ 102.90 (2) The names of all other parties to to 102.92, inclusive, is deemed appli- the proceeding. cable.

(3) The name of the agency or court.

(4) The docket number and nature of 8 102.97 Expeditious processing of section 10 (1) and (m) cases in succes.

the proceeding. sive stages.

(5) The general nature of the busi

ness involved in the proceeding. (a) Any complaint issued pursuant to

(6) The commerce data relating to § 102.95(a) or, in a case in which it is

the operations of such business. deemed appropriate to seek injunctive (7) Whether the commerce data derelief of a district court pursuant to sec

scribed in this section are admitted or tion 10(1) of the act, any complaint is- denied by other parties to the proceedsued pursuant to § 102.93 or notice of

ing. hearing issued pursuant to § 102.90 shall (8) The findings, if any, of the agenbe heard expeditiously and the case shall cy or court respecting the commerce be given priority in such successive steps

data described in this section. following its issuance (until ultimate

(9) Whether a representation or unenforcement or dismissal by the appro- fair labor practice proceeding involvpriate circuit court of appeals) over all ing the same labor dispute is pending cases except cases of like character.

before the Board and, if so, the case (b) Any complaint issued pursuant to

number thereof. § 102.95(b) shall be heard expeditiously

Petitions under this subsection shall be and the case shall be given priority in

in writing and signed, and either shall its successive steps following its issu

be sworn to before a notary public, Board ance (until ultimate enforcement or dis

agent, or other person duly authorized missal by the appropriate circuit court

by law to administer oaths and take of appeals) over all cases except cases

acknowledgments or shall contain a of like character and cases under section'

declaration by the person signing it, 10(1) of the act.

under the penalties of the Criminal Code, Subpart H-Declaratory Orders and that its contents are true and correct

Advisory Opinions Regarding to the best of his knowledge and belief. Board Jurisdiction

(b) A petition for an advisory opinion, 8 102.98 Petition for advisory opinion;

when filed by an agency or court of a who may file; where to file.

State or Territory, shall allege the (a) Whenever a party to a proceed

following: ing before any agency or court of any

(1) The name of the agency or court. State or Territory is in doubt whether (2) The names of the parties to the the Board would assert jurisdiction on proceeding.

(3) The docket number and nature of the proceeding.

(4) The general nature of the business involved in the proceeding.

(5) The findings of the agency or court, or, in the absence of findings, a statement of the evidence relating to the commerce operations of such business.

(c) Eight copies of such petition shall be filed with the Board in Washington, D.C. Such petition shall be printed or otherwise legibly duplicated: Provided, however, That carbon copies of typewritten matter shall not be filed and if submitted will not be accepted. [24 F.R. 9102, Nov. 7, 1959, as amended at 29 F.R. 15922, Nov. 28, 1964) § 102.100 Notice of petition; service of

petition. Upon the filing of a petition, the petitioner shall immediately serve in the manner provided by $ 102.112 a copy of the petition upon all parties to the proceeding and upon the director of the Board's regional office having jurisdiction over the territorial area in which such agency or court is located. A statement of service shall be filed with the petition as provided by $ 102.113(b). § 102.101 Response to petition; service

of response. Any party served with such petition may, within 5 days after service thereof, respond to the petition, admitting or denying its allegations. Eight copies of such response shall be filed with the Board in Washington, D.C. Such response shall be printed or otherwise legibly duplicated: Provided, however, That carbon copies of typewritten matter shall not be filed and if submitted will not be accepted. Such response shall immediately be served on all other parties to the proceeding, and a statement of service shall be filed in accordance with the provisions of $ 102.113(b). [29 F.R. 15922, Nov. 28, 1964) § 102.102 Intervention.

Any person desiring to intervene shall make a motion for intervention, stating the grounds upon which such person claims to have an interest in the petition. Eight copies of such motion shall be filed with the Board in Washington, D.C. Such motion shall be printed or otherwise legibly duplicated: Provided, however, That carbon copies of typewritten matter shall not be filed and if submitted will not be accepted. [29 F.R. 15922, Nov. 28, 1964)

§ 102.103 Proceedings before the

Board; briefs; advisory opinions. The Board shall thereupon proceed, upon the petition, responses, and submission of briefs, to determine whether, on the facts before it, the commerce operations of the employer involved are such that it would or would not assert jurisdiction. Such determination shall be in the form of an advisory opinion and shall be served upon the parties. No briefs shall be filed except upon special permission of the Board. § 102.104 Withdrawal of petition.

The petitioner may withdraw his petition at any time prior to issuance of the Board's advisory opinion. § 102.105 Petitions for declaratory

orders; who may file; where to file;

withdrawal. Whenever both an unfair labor practice charge and a representation case relating to the same employer are contemporaneously on file in a regional office of the Board, and the general counsel entertains doubt whether the Board would assert jurisdiction over the employer involved, he may file a petition with the Board for a declaratory order disposing of the jurisdictional issue in the cases. Such petition may be withdrawn at any time prior to the issuance of the Board's order. $ 102.106 Contents of petition for de

claratory order. A petition for a declaratory order shall allege the following:

(a) The name of the employer.

(b) The general nature of the employer's business.

(c) The case numbers of the unfair labor practice and representation cases.

(d) The commerce data relating to the operations of such business.

(e) Whether any proceeding involving the same subject matter is pending before an agency or court of a State or territory. Eight copies of the petition shall be filed with the Board in Washington, D.C. Such petition shall be printed or otherwise legibly duplicated: Provided, however, That carbon copies of typewritten matter shall not be filed and if submitted will not be accepted.

(f) Seven copies of the petition shall be filed with the Board in Washington, D.C. Such petition shall be printed or otherwise legibly duplicated: Provided, however, That carbon copies of type

ac

written matter shall not be filed and if submitted will not be accepted. (24 F.R. 9102, Nov. 7, 1959, as amended at 27 F.R. 5095, May 30, 1962; 29 F.R. 15922, Nov. 28, 1964) § 102.107 Notice of petition; service of

petition. Upon filing a petition, the general counsel shall immediately serve a copy thereof upon all parties and shall file a statement of service as provided by § 102.113(b). § 102.108 Response to petition; service

of response. Any party to the representation or unfair labor practice case may, within 5 days after service thereof, respond to the petition, admitting or denying its allegations. Eight copies of such response shall be filed with the Board in Washington, D.C. Such response shall be printed or otherwise legibly duplicated: Provided, however, That carbon copies shall not be filed and if submitted will not be accepted. Such response shall be served on the general counsel and all other parties, and a statement of service shall be filed as provided by § 102.113(b). [29 F.R. 15922, Nov. 28, 1964) $ 102.109 Intervention.

Any person desiring to intervene shall make a motion for intervention, stating the grounds upon which such person claims to have an interest in the petition. Eight copies of such motion shall be filed with the Board in Washington, D.C. Such motion shall be printed or otherwise legibly duplicated: Provided, however, That carbon copies of typewritten matter shall not be filed and if submitted will not be accepted. (29 F.R. 15922, Nov. 28, 1964) § 102.110 Proceedings before the

Board; briefs; declaratory orders. The Board shall thereupon proceed, upon the petition, responses, and submission of briefs, to determine whether, on the facts before it, the commerce operations of the employer involved are such that it would or would not assert jurisdiction over them. Such determination shall be made by a declaratory order, with like effect as in the case of other orders of the Board, and shall be served upon the parties. Any party desiring to file a brief shall file eight copies with the Board in Washington, D.C., with a statement that copies thereof are being

served simultaneously on the other parties. [29 F.R. 15922, Nov. 28, 1964) Subpart 1-Service and Filing of

Papers $ 102.111 Service of process and papers;

proof of service. (a) Charges, complaints and companying notices of hearing, final orders, trial examiners' decisions, and subpenas 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.

(b) Process and papers of the Board, other than those specifically named in paragraph (a) of this section, may be forwarded by certified mail. The return post office receipt therefor shall be proof of service of the same. [24 F.R. 9102, Nov. 7, 1959, as amended at 28 F.R. 7974, Aug. 6, 1963) § 102.112 Same; by parties; proof of

service. Service of papers by a party on other parties shall be made by registered mail, or by certified 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, or by certified 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. $ 102.113 Date of service; filing of

proof of service. (a) The date of service shall be the day when the matter served is deposited in the United States mail or is delivered in person, as the case may be. In comput. ing the time from such date, the provisions of $ 102.114 apply.

(b) The person or party serving the papers or process on other parties in conformance with $ $ 102.111 and 102.112 shall submit a written statement of service thereof to the Board stating the names of the parties served and the date

and manner of service. Proof of service files or records of the Board as may be as defined in § 102.112 shall be required necessary or desirable from time to time. by the Board only if subsequent to the

§ 102.116 Signature of orders. receipt of the statement of service a question is raised with respect to proper

The executive secretary or the associservice. Failure to make proof of serv

ate executive secretary or, in the event ice does not affect the validity of the

of their absence or disability, whosoever service.

may be designated by the Board in their

place and stead is hereby authorized to § 102.114 Time; additional time after

sign all orders of the Board. service by mail. (a) In computing any period of time

Subpart K-Records and Information prescribed or allowed by these rules, the § 102.117 Files, records, etc., in excluday of the act, event, or default after sive custody of Board and not subject which the designated period of time to inspection; formal documents and begins to run, is not to be included. The final opinions and orders subject to last day of the period so computed is to inspection. be included, unless it is a Sunday or a

(a) The formal documents described legal holiday, in which event the period as the record in the case or proceeding runs until the end of the next day, which

and defined in $$ 102.45, 102.67, and is neither a Sunday nor a legal holiday. 102.69 are matters of official record and When the period of time prescribed or

are available for inspection and examiallowed is less than 7 days, intermediate nation by persons properly and directly Sundays and holidays shall be excluded

concerned, during usual business hours, in the computation. For the purpose of at the appropriate regional office of the this section a Saturday on which the

Board or in Washington, D.C., as the Board's offices are not open for business

case may be. True and correct copies shall be considered as a holiday, but a

thereof will be certified upon submission half holiday shall be considered as other

of such copies a reasonable time in addays and not as a holiday. Whenever a

vance of need and payment of lawfully party has the right or is required to do

prescribed costs: Provided, however, some act or take some proceedings within That if the Board, the general counsel, a prescribed period after service of a

or the regional director with whom the notice or other paper upon him, and the documents are filed shall find in a parnotice or paper is served upon him by ticular instance good cause why a matter mail, 3 days shall be added to the pre- of official record should be kept confiscribed period: Provided, however, That dential, such matter shall not be avail3 days shall not be added if any exten- able for public inspection or examinasion of such time may have been granted. tion. Application for such inspection, if

(b) When the act or any of these rules desired to be made at the Board's office require the filing of a motion, brief, ex- in Washington, D.C., shall be made to ception, or other paper in any proceed- the executive secretary or the general ing, such document must be received by counsel, as the case may be, and, if dethe Board or the officer or agent desig

sired to be made at any regional office, nated to receive such matter before the

shall be made to the regional director. close of business of the last day of the

The executive secretary, the general time limit, if any, for such filing or ex

counsel, or the regional director may, in tension of time that may have been

his discretion, require that the applica

tion be made in writing and under oath granted.

and set forth the facts upon which the Subpart J-Certification and applicant relies to show that he is propSignature of Documents

erly and directly concerned with such

inspection and examination. Should the § 102.115 Certification of papers and executive secretary, the general counsel, documents.

or the regional director, as the case may The executive secretary of the Board be, deny any such application, he shall or, in the event of his absence or dis- give prompt notice thereof, accompanied ability, whosoever may be designated by a simple statement of procedural or by the Board in his place and stead shall other grounds. certify copies of all papers and docu- (b) All final opinions or orders or the ments which are a part of any of the Board in the adjudication of cases (except those required for good cause to be the chairman of the Board if the official held confidential and not cited as prece- or document is subject to the supervision dents) and its Rules and Regulations are or control of the Board; or the general available to public inspection during counsel if the official or document is subregular business hours at the Board's ject to the supervision or control of the offices in Washington, D.C. Copies may general counsel. Whenever any subbe obtained upon request made to any pena ad testificandum or subpena duces regional office of the Board at its address tecum, the purpose of which is to adduce as published in the FEDERAL REGISTER, or testimony or require the production of to the director of information in Wash- records as described hereinabove, shall ington, D.C. Subject to the provisions have been served upon any such persons of $$ 102.31 and 102.66, all files, docu- or other officer or employee of the Board, ments, reports, memoranda, and records he will, unless otherwise expressly pertaining to the internal management directed by the Board or the chairman of the Board or to the investigation or of the Board or the general counsel, as disposition of charges or petitions during the case may be, move pursuant to the the nonpublic investigative stages of applicable procedure, whether by petiproceedings and before the institution tion to revoke, motion to quash, or otherof formal proceedings, and all matters wise, to have such subpena invalidated of evidence obtained by the Board or any on the ground that the evidence sought of its agents in the course of investiga- is privileged against disclosure by this tion, which have not been offered in rule: Provided, After a witness called by evidence at a hearing before a trial the general counsel has testified in a examiner or hearing officer or have not hearing upon a complaint under section been made part of an oficial record by 10(c) of the act, the respondent may stipulation, whether in the regional of- move for the production of any statement fices of the Board or in its principal of such witness in possession of the genoffice in the District of Columbia, are for eral counsel, if such statement has been good cause found by the Board held con- reduced to writing and signed or otherfidential and are not matters of official wise approved or adopted by the witness. record or available to public inspection, Such motion shall be granted by the trial unless permitted by the Board, its chair- examiner. If the general counsel deman, the general counsel, or any regional clines to furnish the statement, the testidirector.

mony of the witness shall be stricken: $ 102.118 Same; Board employees pro

Provided further, That after any witness hibited from producing files, records,

has testified in any postelection hearing etc., pursuant to subpena ad testi.

pursuant to § 102.69(d), any party may ficandum or subpena duces tecum,

move for the production of any stateprohibited from testifying in regard

ment of such witness in possession of any thereto.

agent of the Board, if such statement

has been reduced to writing and signed No regional director, field examiner, trial examiner, attorney, specially desig

or otherwise approved by the witness. nated agent, general counsel, member

Such motion shall be granted by the of the Board, or other officer or em

hearing officer. ployee of the Board shall produce or [28 F.R. 7975, Aug. 6, 1963) present any files, documents, reports, memoranda, or records of the Board or

Subpart -Practice Before the Board testify in behalf of any party to any

of Former Employees 1 cause pending in any court or before

8 102.119 Prohibition of practice before the Board, or any other board, commis

Board of its former regional emsion, or other administrative agency of

ployees in cases pending in region the United States, or of any State, Terri

during employment. tory, or the District of Columbia with respect to any information, facts, or

No person who has been an employee other matter coming to his knowledge

of the Board and attached to any of in his official capacity or with respect to the contents of any files, documents, re- 1 Attention is directed to Public Law 87ports, memoranda, or records of the

849 (76 Stat. 1119) which amends Chapter 11

of Title 18, United States Code, entitled Board, whether in answer to a subpena,

"Bribery, Graft and Conflicts of Interest” and subpena duces tecum, or otherwise, with

which provides for the imposition of criminal out the written consent of the Board or sanctions under certain circumstances.

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