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(e) Upon the conclusion of the runoff (3) Be transferred to and continued election, the provisions of $ 102.69 shall in any other region, for the purpose of govern, insofar as applicable.

investigation or consolidation with any (26 F.R. 3891, May 4, 1961)

proceeding which may have been insti

tuted in or transferred to such region; or § 102.71 Refusal to issue notice of

(4) Be severed from any other prohearing; appeals to Board from action of the regional director.

ceeding with which it may have been

consolidated pursuant to this section. If, after a petition has been filed, and

(b) The provisions of $$ 102.60 to prior to the close of the hearing, it shall

102.71, inclusive, shall, insofar as apappear to the regional director that no

plicable, apply to proceedings before the further proceedings are warranted, the

general counsel pursuant to this section, regional director may dismiss the peti

and the powers granted to regional tion by administrative action and so ad

directors in such provisions shall, for the vise the petitioner in writing, accom

purpose of this section, be reserved to and panied by a simple statement of the

exercised by the general counsel. After procedural or other grounds for the dis

the transfer of any petition and any missal. The petitioner may obtain a re

proceeding which may have been instiview of such action by filing a request

tuted in respect thereto from one region therefor with the Board in Washington,

to another pursuant to this section, the D.C., and filing a copy of such request

provisions of this subpart shall, insofar with the regional director and the other

as applicable, govern such petition and parties within 10 days of service of such

such proceeding as if the petition had notice of dismissal. The request shall

originally been filed in the region to be submitted in eight copies and shall

which the transfer was made. contain a complete statement setting

(c) The regional director may exercise forth facts and reasons upon which the

the powers in paragraph (a) (2) and (4) request is based. Requests for an ex

of this section with respect to proceedtension of time within which to file the

ings pending in his region. request for review shall be filed with the

[32 F.R. 9550, July 1, 1967) Board in Washington, D.C., and a statement of service shall accompany such Subpart D— Procedure for Unfair Larequest.

bor Practice and Representation' (29 F.R. 15921, Nov. 28, 1964]

Cases Under Sections 8(b)(7) and § 102.72 Filing petition with general 91c) of the Act

counsel; investigation upon motion of general counsel; transfer of petition

8 102.73 Initiation of proceedings. and proceeding from region to gen- Whenever it is charged that any pereral counsel or to another region;

son has engaged in an unfair labor consolidation of proceedings in same

practice within the meaning of section region; severance; procedure before

8(b)(7) of the act, the regional director general counsel in cases over which

shall investigate such charges, giving it he has assumed jurisdiction.

the priority specified in Subpart G of this (a) Whenever it appears necessary in part. order to effectuate the purposes of the

§ 102.74 Complaint and formal proact, or to avoid unnecessary costs or de

ceedings. lay, the general counsel may permit a petition to be filed with him in Washing- If it appears to the regional director ington, D.C., or may, at any time after a that the charge has merit, formal propetition has been filed with a regional ceedings in respect thereto shall be director pursuant to § 102.60, order that instituted in accordance with the procesuch petition and any proceeding that

dures described in $ $ 102.15 to 102.51, inmay have been instituted with respect

clusive, insofar as they are applicable, thereto;

and insofar as they are not inconsistent (1) Be transferred to and continued

with the provisions of this subpart. If it before him, for the purpose of investigation or consolidation with any other

appears to the regional director that isproceeding which may have been insti

suance of a complaint is not warranted, tuted in a regional office or with him; or

he shall decline to issue a complaint, and (2) Be consolidated with any other the provisions of $ 102.19, including the proceeding which may have been insti- provisions for appeal to the general countuted in the same region; or

sel, shall be applicable unless an election has been directed under $$ 102.77 and any labor organization on whose behalf 102.78, in which event the provisions of picketing has been conducted as de§ 102.81 shall be applicable.

scribed in section 8(b) (7) (C) of the act, § 102.75 Suspension of proceedings on

may present documentary and other evithe charge where timely petition is

dence relating to the matters and allegafiled.

tions set forth in the petition.

(b) If after the investigation of such If it appears to the regional director

petition or any petition filed under subthat issuance of a complaint may be part C of these rules, and after the inwarranted but for the pendency of a vestigation of the charge filed pursuant petition under section 9(c) of the act, to $ 102.73, it appears to the regional which has been filed by any proper party director that an expedited election under within a reasonable time not to exceed

section 8(b) (7) (C) is warranted, and 30 days from the commencement of

that the policies of the act would be picketing, the regional director shall

effectuated thereby, he shall forthwith suspend proceedings on the charge and proceed to conduct an election by secret shall proceed to investigate the petition ballot of the employees in an apunder the expedited procedure provided propriate unit, or make other disposition below, pursuant to the first proviso to

of the matter: Provided, however, That subparagraph (C) of section 8(b) (7) of

in any case in which it appears to the the act.

regional director that the proceeding $ 102.76 Petition; who may file; where

raises questions which cannot be decided to file; contents.

without a hearing, he may issue and

cause to be served on the parties, inWhen picketing of an employer has dividuals, and labor organizations inbeen conducted for an object proscribed

volved a notice of hearing before a by section 8(b) (7) of the act, a petition

hearing officer at a time and place fixed for the determination of a question con

therein. In this event, the method of cerning representation of the employees conducting the hearing and the proof such employer may be filed in accord

cedure following, including transfer of ance with the provisions of $ $ 102.60 and

the case to the Board, shall be governed 102.61, insofar as applicable: Provided, insofar as applicable by $ $ 102.63 to however, That if a charge under $ 102.73

102.68, inclusive, except that the parties has been filed against the labor organi- shall not file briefs without special perzation on whose behalf picketing has

mission of the regional director or the been conducted, the petition shall not be

Board, as the case may be, but shall, required to contain a statement that the

however, state their respective legal employer declines to recognize the peti.

positions upon the record at the close of tioner as the representative within the

the hearing, and except that any request meaning of section 9(a) of the act; or for review of a decision of the regional that the labor organization is currently director shall be filed promptly after the recognized but desires certification un- issuance of such decision. der the act; or that the individuals or

[24 F.R. 9102, Nov. 7, 1959, as amended at 26 labor organizations who have been cer.

F.R. 3892, May 4, 1961) tified or are currently recognized by the employer are no longer the representa

§ 102.78 Election procedure; method of tive; or, if the petitioner is an employer,

conducting balloting; postballoting that one or more individuals or labor

procedure. organizations have presented to the pe- If no agreement such as that provided titioner a claim to be recognized as the in § 102.79 has been made, the regional exclusive representative of the employees director shall fix the time and place of in the unit claimed to be appropriate. the election, eligibility requirements for 8 102.77 Investigation of petition by

voting, and other arrangements for the regional director; directed election.

balloting. The method of conducting the

balloting and the postballoting procedure (a) Where a petition has been filed shall be governed, insofar as applicable, pursuant to 102.76 the regional director by the provisions of $ $ 102.69 and 102.70 shall make an investigation of the mat- except that the labor organization on ters and allegations set forth therein. whose behalf picketing has been conAny party, and any individual or labor ducted may not have its name removed organization purporting to act as repre- from the ballot without the consent of sentative of the employees involved and the regional director and except that the regional director's rulings on any ob- on each other party. Should the Board jections or challenged ballots shall be grant the requested permission to apfinal unless the Board grants special peal, such action shall not, unless spepermission to appeal from the regional cifically ordered by the Board, operate director's rulings. Any request for such as a stay of any action by the regional permission shall be filed promptly, in director. writing, and shall briefly state the (24 F.R. 9102, Nov. 7, 1959, as amended at 26 grounds relied upon. The party request- FR. 3892, May 4, 1961) ing review shall immediately serve a

§ 102.81 Review by the general counsel copy thereof on each other party. A re

of refusal to proceed on charge; request for review shall not operate as a

sumption of proceedings upon charge stay of the regional director's rulings un

held during pendency of petition; reless so ordered by the Board.

view by general counsel of refusal to $ 102.79 Consent-election agreements.

proceed on related charge. Where a petition has been duly filed,

(a) Where an election has been dithe parties involved may, subject to the

rected by the regional director or the approval of the regional director, enter

Board in accordance with the provisions

of $$ 102.77 and 102.78, the regional into an agreement governing the method of conducting the election as provided

director shall decline to issue a comfor in § 102.62(a), insofar as applicable.

plaint on the charge, and he shall so ad

vise the parties in writing, accompanied 102.80 Dismissal of petition; refusal

by a simple statement of the procedural to process petition under expedited

or other grounds for his action. The perprocedure.

son making the charge may obtain a (a) If, after a petition has been filed review of such action by filing an appursuant to the provisions of $ 102.76, peal with the general counsel in Washand prior to the close of the hearing, it ington, D.C., and filing a copy of the shall appear to the regional director appeal with the regional director, within that further proceedings in respect 3 days from the service of the notice of thereto in accordance with the provisions such refusal by the regional director. The of § 102.77 are not warranted, he may appeal shall contain a complete statedismiss the petition by administrative ment setting forth the facts and reasons action, and the action of the regional upon which it is based. Such appeal shall director shall be final, subject to a not operate as a stay of any action by prompt appeal to the Board on special the regional director. permission which may be granted by the (b) Where an election has not been Board. Upon such appeal the provisions directed and the petition has been disof $ 102.71 shall govern insofar as ap- missed in accordance with the provisions plicable. Such appeal shall not operate of $ 102.80, the regional director shall as a stay unless specifically ordered by resume investigation of the charge and the Board.

shall proceed in accordance with § 102.74. (b) If it shall appear to the regional (c) If in connection with a section director that an expedited election is 8(b) (7) proceeding, unfair labor practice not warranted but that proceedings un- charges under other sections of the act der Subpart C of this part are warranted, have been filed and the regional director he shall so notify the parties in writing upon investigation has declined to issue with a simple statement of the grounds a complaint upon such charges, he shall for his decision.

so advise the parties in writing, accom(c) Where the regional director, pur- panied by a simple statement of the prosuant to $$ 102.77 and 102.78, has deter- cedural or other grounds for his action. mined that a hearing prior to election The person making such charges may is not required to resolve the issues obtain a review of such action by filing raised by the petition and has directed an appeal with the general counsel in an expedited election, any party ag- Washington, D.C., and filing a copy of grieved may file a request with the the appeal with the regional director, Board for special permission to appeal within 3 days from the service of the from such determination. Such request notice of such refusal by the regional shall be filed promptly, in writing, and director. The appeal shall contain a comshall briefly state the grounds relied plete statement setting forth the facts upon. The party requesting such appeal and reasons upon which it is based. shall immediately serve a copy thereof [32 F.R. 9550, July 1, 1967)

§ 102.82 Transfer, consolidation, and

severance. The provisions of $$ 102.33 and 102.72, respecting the filing of a charge or petition with the general counsel and the transfer, consolidation, and severance of proceedings, shall apply to proceedings under this subpart, except that the provisions of $$ 102.73 to 102.81, inclusive, shall govern proceedings before the general counsel. Subpart E-Procedure for Referendum

Under Section Sle) of the Act § 102.83 Petition for referendum under

section 9(e) (1) of the act; who may

file; where to file; withdrawal. A petition to rescind the authority of a labor organization to make an agreement requiring as a condition of employment membership in such labor organi. zation may be filed by an employee or group of employees on behalf of 30 percent or more of the employees in a bargaining unit covered by such an agreement. The petition 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." Four copies of the petition shall be filed with the regional director wherein the bargaining unit exists or, if the unit exists in two or more regions, with the regional director for any of such regions. The petition may be withdrawn only with the approval of the regional director with whom such petition was filed, except that if the proceeding has been transferred to the Board, pursuant to ? 102.67, the petition may be withdrawn only with the consent of the Board. Upon approval of the withdrawal of any petition the case shall be closed. § 102.84 Contents of petition to rescind

authority.
(a) The name of the employer.

(b) The address of the establishments involved.

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

(d) A description of the bargaining unit involved.

(e) The name and address of the labor organization whose authority it is desired to rescind.

(f) The number of employees in the unit.

(g) Whether there is a strike or picketing in progress at the establishment involved and, if so, the approximate number of employees participating, and the date such strike or picketing commenced.

(h) The date of execution and of expiration of any contract in effect covering the unit involved.

(1) The name and address of the person designated to accept service of documents for petitioners.

(j) Any other relevant facts. $ 102.85 Investigation of petition by

regional director; consent referen

dum; directed referendum. Where a petition has been filed pursuant to § 102.83 and it appears to the regional director that the petitioner has made an appropriate showing, in such form as the regional director may determine, that 30 percent or more of the employees within a unit covered by an agreement between their employer and a labor organization requiring membership in such labor organization desire to rescind the authority of such labor organization to make such an agreement, he shall proceed to conduct a secret ballot of the employees involved on the question whether they desire to rescind the authority of the labor organization to make such an agreement with their employer: Provided, however, That in any case in which it appears to the regional director that the proceeding raises questions which cannot be decided without a hearing, he may issue and cause to be served on the parties a notice of hearing before a hearing officer at a time and place fixed therein. The regional director shall fix the time and place of the election, eligibility requirements for voting, and other arrangements of the balloting, but the parties may enter into an agreement, subject to the approval of the regional director, fixing such arrangements. In any such consent agreements, provision may be made for final determination of all questions arising with respect to the balloting by the regional director or by the Board. [26 F.R. 3892, May 4, 1961]

6 Forms for filing such petitions will be supplied by the regional ofice upon request.

$ 102.86 Hearing; posthearing proce

102.90 Notice of filing of charge; nodure.

tice of hearing; hearing; proceed

ings before the Board; briefs; deterThe method of conducting the hearing

mination of dispute. and the procedure following the hearing, including transfer of the case to the If it appears to the regional director Board, shall be governed, insofar as ap

that the charge has merit and the parties plicable, by sections 102.63 to 102.68, to the dispute have not submitted satisinclusive,

factory evidence to the regional director

that they have adjusted, or have agreed § 102.87 Method of conducting ballot

upon methods for the voluntary adjusting; postballoting procedure.

ment of, the dispute out of which such The method of conducting the ballot- unfair labor practice shall have arisen, ing and the postballoting procedure he shall cause to be served on all parties shall be governed by the provisions of to such dispute a notice of hearing un§ 102.69, insofar as applicable.

der section 10(k) of the act before a & 102.88 Refusal to conduct referen

hearing officer at a time and place fixed

therein which shall be not less than 10 dum; appeal to Board.

days after service of the notice of the If, after a petition has been filed, and

filing of said charge. The notice of prior to the close of the hearing, it shall

hearing shall contain a simple statement appear to the regional director that no

of the issues involved in such dispute. referendum should be conducted, he shall Such notice shall be issued promptly, dismiss the petition by administrative

and, in cases in which it is deemed apaction. Such dismissal shall be in writ

propriate to seek injunctive relief pursuing and accompanied by a simple state- ant to section 10(1) of the act, shall ment of the procedural or other grounds. normally be issued within 5 days of the The petitioner may obtain a review of date upon which injunctive relief is first such action by filing a request therefor sought. Hearings shall be conducted with the Board in Washington, D.C., and

by a hearing officer, and the procedure filing a copy of such request with the

shall conform, insofar as applicable, to regional director and each of the other

the procedure set forth in $ $ 102.64 to parties within 10 days from the service of

102.68, inclusive. Upon the close of the notice of such dismissal. The request

hearing, the proceeding shall be transshall contain a complete statement set

ferred to the Board and the Board shall ting forth the facts and reasons upon proceed either forthwith upon the recwhich the request is based.

ord, or after oral argument, or the sub[26 F.R. 3892, May 4, 1961)

mission of briefs, or further hearing, to

determine the dispute or make other Subpart FProcedure To Hear and

disposition of the matter.

Should any Determine Disputes Under Section

party desire to file a brief with the 10(k) of the Act

Board, eight copies thereof shall be filed $ 102.89 Initiation of proceedings.

with the Board at Washington, D.C.,

within 7 days after the close of the hearWhenever it is charged that any per- ing: Provided, however, That, in cases son has engaged in an unfair labor prac

involving the national defense and so tice within the meaning of paragraph designated in the notice of hearing, no (4) (D) of section 8(b) of the Act, the briefs shall be filed, and the parties, regional director of the office in which after the close of the evidence, may such charge is filed or to which it is argue orally upon the record their rereferred shall, as soon as possible after spective contentions and positions: the charge has been filed, serve upon the Provided further, That, in cases involvparties a copy of the charge together ing the national defense, upon applicawith a notice of the filing of the charge tion for leave to file briefs expeditiously and shall investigate such charge and if made to the Board in Washington, D.C., it is deemed appropriate to seek injunc- after the close of the hearing, the Board tive relief of a district court pursuant may for good cause shown grant such to section 10(1) of the Act, he shall give leave and thereupon specify the time for it priority over all other cases in the of- filing. Immediately upon such filing, & fice except other cases under section copy shall be served on the other parties. 10(1) and cases of like character.

Such brief shall be printed or otherwise (26 F.R. 7546, Aug. 15, 1961)

legibly duplicated: Provided, however,

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