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That carbon copies of typewritten mat- § 102.15, and the procedure prescribed ter shall not be filed and if submitted will in $ $ 102.9 to 102.51, inclusive, shall, innot be accepted. Requests for extension sofar as applicable, govern; and $$ 102.90 of time in which to file a brief under au- to 102.92, inclusive, are inapplicable. thority of this section shall be in writing

Subpart G-Procedure in Cases Under and received by the Board in Washington, D.C., 3 days prior to the due date Section 10 (i), (I), and (m) of the with copies thereof served on the other

Act parties. No reply brief may be filed ex

§ 102.94 Expeditious processing of seccept upon special leave of the Board.

tion 10(j) cases. (29 F.R. 15921, Nov. 28, 1964)

(a) Whenever temporary relief or a f 102.91 Compliance with determina- restraining order pursuant to section tion; further proceedings.

10(j) of the act has been procured by If, after issuance of the determina- the Board, the complaint which has been tion by the Board, the parties submit

the basis for such temporary relief or to the regional director satisfactory restraining order shall be heard expedievidence that they have complied with tiously and the case shall be given priorthe determination, the regional director ity by the Board in its successive steps shall dismiss the charge. If no satis- following the issuance of the complaint factory evidence of compliance is sub- (until ultimate enforcement or dismissal mitted, the regional director shall pro- by the appropriate circuit court of apceed with the charge under paragraph

peals) over all other cases except cases (4) (D) of section 8(b) and section 10 of

of like character and cases under secthe act and the procedure prescribed in

tion 10 (1) and (m) of the act. $$ 102.9 to 102.51, inclusive, shall, inso- (b) In the event the trial examiner far as applicable, govern.

hearing a complaint, concerning which

the Board has procured temporary relief § 102.92 Review of determination.

or a restraining order pursuant to secThe record of the proceeding under tion 10(j), recommends a dismissal in section 10(k) and the determination of whole or in part of such complaint, the the Board thereon shall become a part chief law officer shall forthwith suggest of the record in such unfair labor prac- to the district court which issued such tice proceeding and shall be subject to temporary relief or restraining order the judicial review, insofar as it is in issue, in possible change in circumstances arising proceedings to enforce or review the final out of the findings and recommendations order of the Board under section 10 (e) of the trial examiner. and (f) of the act.

§ 102.95 Priority of cases pursuant to § 102.93 Alternative procedure.

section 10 (1) and (m) of the act. If, either before or after service of the (a) Whenever a charge is filed alleging notice of hearing, the parties submit to the commission of an unfair labor practhe regional director satisfactory evi- tice within the meaning of paragraph dence that they have adjusted the dis- (4) (A), (B), (C), or (7) of section 8(6) pute, the regional director shall dismiss of the act, or section 8(e) of the act, the charge and shall withdraw the no- the regional office in which such charge tice of hearing if notice was issued. If, is filed or to which it is referred shall either before or after issuance of notice

give it priority over all other cases in the of hearing, the parties submit to the

office except cases of like character and regional director satisfactory evidence that they have agreed upon methods for

cases under paragraph (4) (D) of secthe voluntary adjustment of the dispute,

tion 8(b) of the act in which it is deemed the regional director shall defer action

appropriate to seek injunctive relief of a upon the charge and shall withdraw

district court pursuant to section 10(1) the notice of hearing if notice has issued.

of the act. If it appears to the regional director (b) Whenever a charge is filed allegthat the dispute has not been adjusted in ing the commission of an unfair labor accordance with such agreed-upon meth- practice within the meaning of subsecods and that an unfair labor practice tion (a) (3) or (b) (2) of section 8 of the within the meaning of section 8(b) (4) act, the regional ofice in which such (D) of the act is occurring or has oc- charge is filed or to which it is referred curred, he may issue a complaint under shall give it priority over all other cases in the ofice 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 Issuance 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 oficer to whom the matter

er the Board would decline to assert may be referre 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 § 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 ne 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.

(b) A petition for an advisory opinion, Board Jurisdiction

when filed by an agency or court of a $ 102.98 Petition for advisory opinion;

State or Territory, shall allege the who may file; where to file.

following:

(1) The name of the agency or court. (a) Whenever a party to a proceeding before any agency or court of any

(2) The names of the parties to th State or Territory is in doubt whether

proceeding. the Board would assert jurisdiction on

(3) The docket number and nature of the basis of its current jurisdictional

the proceeding. standards, he may file a petition with

(4) The general nature of the business the Board for an advisory opinion on

involved in the proceeding. whether it would assert jurisdiction on (5) The findings of the agency or the basis of its current standards.

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. 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 denyi its alle ations. 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. 16922, 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 sub

mission 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 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 typewritten 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 Service and Filing of

Papers 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. 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 aforsaid shall be proof of service of the same.

(b) Whenever these rules require or permit the service of pleadings or other papers upon a party, a copy shall also be served on any attorney or other representative of the party who has entered a written appearance in the proceeding on behalf of the party. If a party is represented by more than one attorney or representative, service upon any one of such persons in addition to the party shall satisfy this requirement.

(c) 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. (32 F.R. 9551, July 1, 1967] $ 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 ofice 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 seryice 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 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 oficer 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

Signature of Documents $ 102.115 Certification of papers and

documents. The executive secretary of the Board or, in the event of his absence or disability, whosoever may be designated by the Board in his place and stead 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. § 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 Board materials and formal

documents available for public inspection and copying; requests for identifiable records ; files and records not subject to inspection; fees for

copying and production. (a) (1) The following materials are available to the public for inspection and copying during normal business hours at the Board's ofices in Washington, D.C.: (1) All final opinions and orders made by the Board in the adjudication of cases; (ii) administrative staff manuals and instructions that affect any member of the public (excepting those establishing internal operating rules, guidelines, and procedures for the investigation, trial, and settlement of cases); (iii) a record of the final votes of each member of the Board in every agency proceeding; and (iv) a current index of final opinions and orders which may be relied on, used, or cited as precedent by the agency against any private party. Items (ii) and (iv) are also available for inspection and copying during normal business hours at each regional, subregional, and resident office of the Board. Opinions and orders made by regional directors in the djudication of representation cases pursuant to the delegation of authority from the Board under section 3(b) of the act are available to the public for inspection and copying in the regional office where issued.

(2) A copy of a specific and identified final opinion and order made by the

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