practice within the meaning of subsection (a) (3) or (b) (2) of section 8 of the act, the regional office in which such charge is filed or to which it is referred shall give it priority over all other cases in the office except cases of like character and cases under section 10(1) of the act. § 102.96 Issuance of complaint promptly. Whenever the regional attorney or other Board officer to whom the matter may be referred seeks injunctive relief of a district court pursuant to section 10(1) of the act, a complaint against the party or parties sought to be enjoined, covering the same subject matter as such application for injunctive relief, shall be issued promptly, normally within 5 days of the date upon which such injunctive relief is first sought, except in those cases under section 10 (1) of the act in which the procedure set forth in §§ 102.90 to 102.92, inclusive, is deemed applicable. § 102.97 Expeditious processing of section 10 (1) and (m) cases in successive stages. (a) Any complaint issued pursuant to § 102.95 (a) or, in a case in which it is deemed appropriate to seek injunctive relief of a district court pursuant to section 10(1) of the act, any complaint issued pursuant to § 102.93 or notice of hearing issued pursuant to § 102.90 shall be heard expeditiously and the case shall be given priority in such successive steps following its issuance (until ultimate enforcement or dismissal by the appropriate circuit court of appeals) over all cases except cases of like character. (b) Any complaint issued pursuant to § 102.95 (b) shall be heard expeditiously and the case shall be given priority in its successive steps following its issuance (until ultimate enforcement or dismissal by the appropriate circuit court of appeals) over all cases except cases of like character and cases under section' 10(1) of the act. Subpart H-Declaratory Orders and Advisory Opinions Regarding Board Jurisdiction § 102.98 Petition for advisory opinion; who may file; where to file. (a) Whenever a party to a proceeding before any agency or court of any State or Territory is in doubt whether the Board would assert jurisdiction on the basis of its current jurisdictional standards, he may file a petition with the Board for an advisory opinion on whether it would assert jurisdiction on the basis of its current standards. (b) Whenever an agency or court of any State or Territory is in doubt whether the Board would assert jurisdiction over the parties in a proceeding pending before such agency or court, the agency or court may file a petition with the Board for an advisory opinion on whether the Board would decline to assert jurisdiction on the basis of its current standards. § 102.99 Contents of petition for an advisory opinion. (a) A petition for an advisory opinion, when filed by a party to a proceeding before an agency or court of a State or Territory, shall allege the following: (1) The name of the petitioner. (2) The names of all other parties to the proceeding. (3) The name of the agency or court. (4) The docket number and nature of the proceeding. (5) The general nature of the business involved in the proceeding. (6) The commerce data relating to the operations of such business. (7) Whether the commerce data described in this section are admitted or denied by other parties to the proceeding. (8) The findings, if any, of the agency or court respecting the commerce data described in this section. (9) Whether a representation or unfair labor practice proceeding involving the same labor dispute is pending before the Board and, if so, the case number thereof. Petitions under this subsection shall be in writing and signed, and either shall be sworn to before a notary public, Board agent, or other person duly authorized by law to administer oaths and take acknowledgments or shall contain a declaration by the person signing it, under the penalties of the Criminal Code, that its contents are true and correct to the best of his knowledge and belief. (b) A petition for an advisory opinion, when filled by an agency or court of a State or Territory, shall allege the following: (1) The name of the agency or court. (2) The names of the parties to the 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 declaratory 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 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] 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 [29 F.R. 15922, Nov. 28, 1964] § 102.111 Service of process and papers; proof of service. (a) Charges, complaints and accompanying 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. 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. The (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 computing 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 as defined in § 102.112 shall be required by the Board only if subsequent to the receipt of the statement of service a question is raised with respect to proper service. Failure to make proof of service does not affect the validity of the service. § 102.114 Time; additional time after service by mail. (a) In computing any period of time prescribed or allowed by these rules, the day of the act, event, or default after which the designated period of time begins to run, is not to be included. The last day of the period so computed is to be included, unless it is a Sunday or a legal holiday, in which event the period runs until the end of the next day, which is neither a Sunday nor a legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Sundays and holidays shall be excluded in the computation. For the purpose of this section a Saturday on which the Board's offices are not open for business shall be considered as a holiday, but a half holiday shall be considered as other days and not as a holiday. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after service of a notice or other paper upon him, and the notice or paper is served upon him by mail, 3 days shall be added to the prescribed period: Provided, however, That 3 days shall not be added if any extension of such time may have been granted. (b) When the act or any of these rules require the filing of a motion, brief, exception, or other paper in any proceeding, such document must be received by the Board or the officer or agent designated to receive such matter before the close of business of the last day of the time limit, if any, for such filing or extension of time that may have been granted. Subpart J-Certification and files or records of the Board as may be necessary or desirable from time to time. § 102.116 Signature of orders. The executive secretary or the associate executive secretary or, in the event of their absence or disability, whosoever may be designated by the Board in their place and stead is hereby authorized to sign all orders of the Board. Subpart K-Records and Information § 102.117 Files, records, etc., in exclusive custody of Board and not subject to inspection; formal documents and final opinions and orders subject to inspection. (a) The formal documents described as the record in the case or proceeding and defined in §§ 102.45, 102.67, and 102.69 are matters of official record and are available for inspection and examination by persons properly and directly concerned, during usual business hours, at the appropriate regional office of the Board or in Washington, D.C., as the case may be. True and correct copies thereof will be certified upon submission of such copies a reasonable time in advance of need and payment of lawfully prescribed costs: Provided, however, That if the Board, the general counsel, or the regional director with whom the documents are filed shall find in a particular instance good cause why a matter of official record should be kept confidential, such matter shall not be available for public inspection or examination. Application for such inspection, if desired to be made at the Board's office in Washington, D.C., shall be made to the executive secretary or the general counsel, as the case may be, and, if desired to be made at any regional office, shall be made to the regional director. The executive secretary, the general counsel, or the regional director may, in his discretion, require that the application be made in writing and under oath and set forth the facts upon which the applicant relies to show that he is properly and directly concerned with such inspection and examination. Should the executive secretary, the general counsel, or the regional director, as the case may be, deny any such application, he shall give prompt notice thereof, accompanied by a simple statement of procedural or other grounds. (b) All final opinions or orders of the Board in the adjudication of cases (ex cept those required for good cause to be held confidential and not cited as precedents) and its Rules and Regulations are available to public inspection during regular business hours at the Board's offices in Washington, D.C. Copies may be obtained upon request made to any regional office of the Board at its address as published in the FEDERAL REGISTER, or to the director of information in Washington, D.C. Subject to the provisions of §§ 102.31 and 102.66, all files, documents, reports, memoranda, and records pertaining to the internal management of the Board or to the investigation or disposition of charges or petitions during the nonpublic investigative stages of proceedings and before the institution of formal proceedings, and all matters of evidence obtained by the Board or any of its agents in the course of investigation, which have not been offered in evidence at a hearing before a trial examiner or hearing officer or have not been made part of an official record by stipulation, whether in the regional offices of the Board or in its principal office in the District of Columbia, are for good cause found by the Board held confidential and are not matters of official record or available to public inspection, unless permitted by the Board, its chairman, the general counsel, or any regional director. § 102.118 Same; Board employees pro hibited from producing files, records, etc., pursuant to subpena ad testificandum or subpena duces tecum, prohibited from testifying in regard thereto. No regional director, field examiner, trial examiner, attorney, specially designated agent, general counsel, member of the Board, or other officer or employee of the Board shall produce or present any files, documents, reports, memoranda, or records of the Board or testify in behalf of any party to any cause pending in any court or before the Board, or any other board, commission, or other administrative agency of the United States, or of any State, Territory, or the District of Columbia with respect to any information, facts, or other matter coming to his knowledge in his official capacity or with respect to the contents of any files, documents, reports, memoranda, or records of the Board, whether in answer to a subpena, subpena duces tecum, or otherwise, without the written consent of the Board or the chairman of the Board if the official or document is subject to the supervision or control of the Board; or the general counsel if the official or document is subject to the supervision or control of the general counsel. Whenever any subpena ad testificandum or subpena duces tecum, the purpose of which is to adduce testimony or require the production of records as described hereinabove, shall have been served upon any such persons or other officer or employee of the Board, he will, unless otherwise expressly directed by the Board or the chairman of the Board or the general counsel, as the case may be, move pursuant to the applicable procedure, whether by petition to revoke, motion to quash, or otherwise, to have such subpena invalidated on the ground that the evidence sought is privileged against disclosure by this rule: Provided, After a witness called by the general counsel has testified in a hearing upon a complaint under section 10(c) of the act, the respondent may move for the production of any statement of such witness in possession of the general counsel, if such statement has been reduced to writing and signed or otherwise approved or adopted by the witness. Such motion shall be granted by the trial examiner. If the general counsel declines to furnish the statement, the testimony of the witness shall be stricken: Provided further, That after any witness has testified in any postelection hearing pursuant to § 102.69 (d), any party may move for the production of any statement of such witness in possession of any agent of the Board, if such statement has been reduced to writing and signed or otherwise approved by the witness. Such motion shall be granted by the hearing officer. [28 F.R. 7975, Aug. 6, 1963] Subpart L-Practice Before the Board of Former Employees 1 § 102.119 Prohibition of practice before Board of its former regional employees in cases pending in region during employment. No person who has been an employee of the Board and attached to any of 1 Attention is directed to Public Law 87849 (76 Stat. 1119) which amends Chapter 11 of Title 18, United States Code, entitled "Bribery, Graft and Conflicts of Interest" and which provides for the imposition of criminal sanctions under certain circumstances. |