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§ 102.82 Transfer, consolidation, and

severance.

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The provisions of $ $ 102.33 and 102.72, X,F! respecting the filing of a charge or peti

tion with the general counsel and the

transfer, consolidation, and severance I of proceedings, shall apply to proceeddirect ings under this subpart, except that to the provisions of $g 102.73 to 102.81,

inclusive, shall govern proceedings before

the general counsel. NL Subpart - Procedure for Referendum

Under Section Sle) of the Act apta

§ 102.83 Petition for referendum under Bx: 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 agreeoptiment requiring as a condition of employ

ment membership in such labor organization 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 1. 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 The petition may be withdrawn only with the approval of the regional director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, exComcept 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$ 102.67, the petition may be withdrawn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.

(i) 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

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5 Forms for filing such petitions will be supplied by the regional office upon request.

consent agreements, provision may be and shall investigate such charge and if made for final determination of all ques- it is deemed appropriate to seek injunctions arising with respect to the bal- tive relief of a district court pursuant loting by the regional director or by the to section 10(1) of the Act, he shall give Board.

it priority over all other cases in the of126 F.R. 3892, May 4, 1961)

fice except other cases under section

10(1) and cases of like character. § 102.86 Hearing; posthearing proce- 126 F.R. 7546, Aug. 15, 1961) dure.

§ 102.90 Notice of filing of charge; noThe method of conducting the hearing tice of hearing; hearing; proceed. and the procedure following the hearing, ings before the Board; briefs; deterincluding transfer of the case to the mination of dispute. Board, shall be governed, insofar as ap

If it appears to the regional director plicable, by sections 102.63 to 102.68,

that the charge has merit and the parties inclusive.

to the dispute have not submitted satis§ 102.87 Method of conducting ballot- factory evidence to the regional director ing; postballoting procedure.

that they have adjusted, or have agreed

upon methods for the voluntary adjustThe method of conducting the ballot

ment of, the dispute out of which such ing and the postballoting procedure

unfair labor practice shall have arisen, shall be governed by the provisions of

he shall cause to be served on all parties § 102.69, insofar as applicable.

to such dispute a notice of hearing un§ 102.88 Refusal to conduct referen.

der section 10(k) of the act before a dum; appeal to Board.

hearing officer at a time and place fixed

therein which shall be not less than 10 If, after a petition has been filed, and

days after service of the notice of the prior to the close of the hearing, it shall

filing of said charge. The notice of appear to the regional director that no

hearing shall contain a simple statement referendum should be conducted, he shall

of the issues involved in such dispute. dismiss the petition by administrative

Such notice shall be issued promptly, action. Such dismissal shall be in writ

and, in cases in which it is deemed aping and accompanied by a simple state

propriate to seek injunctive relief pursument of the procedural or other grounds.

ant to section 10(1) of the act, shall The petitioner may obtain a review of

normally be issued within 5 days of the such action by filing a request therefor

date upon which injunctive relief is first with the Board in Washington, D.C., and

sought. Hearings shall be conducted Aling a copy of such request with the

by a hearing officer, and the procedure regional director and each of the other

shall conform, insofar as applicable, to parties within 10 days from the service of

the procedure set forth in $$ 102.64 to notice of such dismissal. The request 102.68, inclusive. Upon the close of the shall contain a complete statement set- hearing, the proceeding shall be transting forth the facts and reasons upon

ferred to the Board and the Board shall which the request is based.

proceed either forthwith upon the rec(26 FR. 3892, May 4, 1961)

ord, or after oral argument, or the sub

mission of briefs, or further hearing, to Subpart Procedure To Hear and determine the dispute or make other Determine Disputes Under Section

disposition of the matter. Should any 101k) of the Act

party desire to file a brief with the

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

made to the Board in Washington, D.C., after the close of the hearing, the Board may for good cause shown grant such leave and thereupon specify the time for filing. Immediately upon such filing, a copy shall be served on the other parties. Such brief 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. Requests for extension of time in which to file a brief under authority of this section shall be in writing and received by the Board in Washington, D.C., 3 days prior to the due date with copies thereof served on the other parties. No reply brief may be filed except upon special leave of the Board. (29 F.R. 15921, Nov. 28, 1964) § 102.91 Compliance with determina

tion; further proceedings. If, after issuance of the determination by the Board, the parties submit to the regional director satisfactory evidence that they have complied with the determination, the regional director shall dismiss the charge. If no satisfactory evidence of compliance is submitted, the regional director shall proceed with the charge under paragraph (4) (D) of section 8(b) and section 10 of the act and the procedure prescribed in $$ 102.9 to 102.51, inclusive, shall, insofar as applicable, govern. § 102.92 Review of determination.

The record of the proceeding under section 10(k) and the determination of the Board thereon shall become a part of the record in such unfair labor practice proceeding and shall be subject to judicial review, insofar as it is in issue, in proceedings to enforce or review the final order of the Board under section 10 (e) and (f) of the act. § 102.93 Alternative procedure.

If, either before or after service of the notice of hearing, the parties submit to the regional director satisfactory evidence that they have adjusted the dispute, the regional director shall dismiss the charge and shall withdraw the notice of hearing if notice was issued. If, either before or after issuance of notice of hearing, the parties submit to the regional director satisfactory evidence that they have agreed upon methods for the voluntary adjustment of the dispute, the regional director shall defer action upon the charge and shall withdraw the notice of hearing if notice has issued.

If it appears to the regional director that the dispute has not been adjusted in accordance with such agreed-upon methods and that an unfair labor practice within the meaning of section 8(b) (4) (D) of the act is occurring or has occurred, he may issue a complaint under § 102.15, and the procedure prescribed in $$ 102.9 to 102.51, inclusive, shall, insofar as applicable, govern; and $$ 102.90 to 102.92, inclusive, are inapplicable. Subpart —Procedure in Cases Under

Section 10 (j), (I), and (m) of the

Act § 102.94 Expeditious processing of sec

tion 10(j) cases. (a) Whenever temporary relief or a restraining order pursuant to section 10(j) of the act has been procured by the Board, the complaint which has been the basis for such temporary relief or restraining order shall be heard expeditiously and the case shall be given priority by the Board in its successive steps following the issuance of the complaint (until ultimate enforcement or dismissal by the appropriate circuit court of appeals) over all other cases except cases of like character and cases under section 10 (1) and (m) of the act.

(b) In the event the trial examiner hearing a complaint, concerning which the Board has procured temporary relief or a restraining order pursuant to section 10(j), recommends a dismissal in whole or in part of such complaint, the chief law officer shall forthwith suggest to the district court which issued such temporary relief or restraining order the possible change in circumstances arising out of the findings and recommendations of the trial examiner. & 102.95 Priority of cases pursuant to

section 10 (1) and (m) of the act. (a) Whenever a charge is filed alleging the commission of an unfair labor practice within the meaning of paragraph (4) (A), (B), (C), or (7) of section 8(b) of the act, or section 8(e) 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 paragraph (4) (D) of section 8(b) of the act in which it is deemed appropriate to seek injunctive relief of a district court pursuant to section 10(1) of the act.

(b) Whenever a charge is filed alleging the commission of an unfair labor

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 ofice 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 Issuance

over the parties in a proceeding pending

of complaint 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 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 ad

visory opinion. covering the same subject matter as such 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 processir.g 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 g 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 dismissal by the appropriate circuit court

agent, or other person duly authorized of appeals) over all cases except cases

by law to administer oaths and take of like character and cases under section

acknowledgments or shall contain 10 (1) of the act.

declaration by the person signing it,

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, § 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.

a

(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 filled 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. 129 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. f 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 shali be printed or otherwise legibly duplicated: Provided, however, That carbon copies of type

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