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written matter shall not be filed and if submitted will not be accepted. 124 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 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 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 & 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 88 102.111 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 1 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 ofices are not open for business shall be considered as a holiday, but a

half holiday shall be considered as other į 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

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 Files, records, etc., in exclu.

sive 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 88 102.45, 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 oficial 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 oficer 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 testi. ficandum 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 1-Practice Before the Board

of Former Employees' § 102.119 Prohibition of practice before

Board of its former regional em. ployees 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.

its regional offices shall engage in prac

Subpart 04 Amendments tice before the Board or its agents in any

$ 102.124 Petitions for iss u ance, respect or in any capacity in connection with any case or proceeding which was

amendment, or repeal of rules. pending in any regional office to which Any interested person may petition the he was attached during the time of his Board, in writing, for the issuance, employment with the Board.

amendment, or repeal of a rule or regu128 F.R. 7975, Aug. 6, 1963]

lation. An original and seven copies of

such petition shall be filed with the § 102.120 Same; application to former Board in Washington, D.C., and shall

employees of Washington staff. state the rule or regulation proposed to No person who has been an employee

be issued, amended, or repealed, toof the Board and attached to the Wash

gether with a statement of grounds in ington staff shall engage in practice be

support of such petition. fore the Board or its agents in any re

(29 F.R. 15922, Nov. 28, 1964) spect or in any capacity in connection § 102.125 Action on petition. with any case or proceeding pending

Upon the filing of such petition, the before the Board or any regional offices Board shall consider the same and may during the time of his employment with thereupon either grant or deny the petithe Board.

tion in whole or in part, conduct an 128 F.R. 7975, Aug. 6, 1963)

appropriate hearing thereon, or make

other disposition of the petition. Should Subpart M-Construction of Rules the petition be denied in whole or in $ 102.121 Rules to be liberally con

part, prompt notice shall be given of strued.

the denial, accompanied by a simple

statement of the grounds unless the The rules and regulations in this part denial is self-explanatory, shall be liberally construed to effectuate the purposes and provisions of the act. Subpart P-Ex Parte Communications Subpart N-Enforcement of Rights,

SOURCE: The provisions of this Subpart P

appear at 31 F.R. 13850, Oct. 28, 1966; 31 F.R. Privileges, and Immunities Granted

14394, Nov. 9, 1966, unless otherwise noted. or Guaranteed Under Section 222(f), Communications Act of 1934, as

§ 102.126 Unauthorized communica

tions. Amended, to Employees of Merged

No person who is a party to, an agent Telegraph Carriers

of a party to, or who intercedes in, an on$ 102.122 Enforcement.

the-record proceeding of the types de

fined in § 102.128, shall make an unauAll matters relating to the enforce

thorized ex parte communication to ment of rights, privileges, or immunities

Board agents of the categories designated granted or guaranteed under section 222

in that section, concerning the disposi(f) of the Communications Act of 1934, tion on the merits of the substantive and as amended, shall be governed by the procedural issues in the proceeding. provisions of Subparts A, B, I, J, K, and

§ 102.127 Definitions. M of this part, insofar as applicable,

When used in this subpart: except that reference in Subpart B of this part to “unfair labor practices” or

(a) The term “person who is a party," “unfair labor practices affecting com

to whom the prohibitions apply, shall in

clude any individual outside this agency merce" shall for the purposes of this

(whether in public or private life), partarticle mean the denial of any rights, nership, corporation, association, or privileges, or immunities granted or other entity, who is named or admitted guaranteed under section 222(f) of the as a party or who seeks admission as a Communications Act of 1934,

party. amended.

(b) The term “person who intercedes,”

to whom the prohibitions apply, shall in§ 102.123 Amendment or rescission of clude any individual outside this agency rules.

(whether in public or private life), partAny rule or regulation may be amend- nership, corporation, association, ed or rescinded by the Board at any other entity, other than a party or an time.

agent of a party, who volunteers a com

171 66–064 0467_-_-12

as

or

munication which he may be expected to make rulings upon any motions or issues know may advance or adversely affect therein and members of the Board and the interests of a particular party to the their legal assistants, from the time the proceeding, whether or not he acts with complaint is issued. the knowledge or consent of any party or (f) In any other proceeding to which any party's agent.

the Board by specific order makes the

prohibition applicable, to the categories § 102.128 Types of on-the-record proceedings; categories of Board agents;

of personnel and from the stage of the and duration of prohibition.

proceeding specified in the order. Unless otherwise provided by specific

§ 102.129 Communications prohibited. order of the Board entered in the pro- Except as provided in $ 102.130 ex ceeding, the prohibition of $ 102.126 shall parte communications prohibited by be applicable in the following types of § 102.126 shall include: on-the-record proceedings to unauthor- (a) Such communications, when writized ex parte communications made to ten, if copies thereof are not contemthe designated categories of Board agents poraneously served by the communicator who participate in the decision, from the on all parties to the proceeding in accordstage of the proceeding specified until the ance with the provisions of § 102.112. issues are finally resolved for the pur- (b) Such communications, when oral, poses of that proceeding under prevailing unless advance notice thereof is given by rules and practices:

the communicator to all parties in the (a) In a preelection proceeding pur

proceeding and adequate opportunity afsuant to section 9(c) (1) or 9(e), or in a

forded to them to be present. unit clarification or certification amendment proceeding pursuant to section

§ 102.130 Communications not prohib

ited. 9(b), of the Act, in which a formal hearing is held, communications to the re- Ex parte communications prohibited gional director and members of his staff by $ 102.126 shall not include: who review the record and prepare a

(a) Oral or written communications draft of his decision, and members of the

which relate solely to matters which the Board and their legal assistants, from the

hearing officer, regional director, trial time the hearing is opened.

examiner, or member of the Board is au(b) In a postelection proceeding pur

thorized by law or Board rules to entersuant to section 9(c) (1) or 9(e) of the tain or dispose of on an ex parte basis. Act, in which a formal hearing is held, (b) Oral or written requests for inforcommunications to the hearing officer,

mation solely with respect to the status the regional director and members of his

of a proceeding. staff who review the record and prepare

(c) Oral or written communications a draft of his report or decision, and

which all the parties to the proceeding members of the Board and their legal as- agree, or which the responsible official sistants, from the time the hearing is

formally rules, may be made on an ex opened.

parte basis. (c) In a postelection proceeding pur

(d) Oral or written communications suant to section 9(c) (1) or 9(e), or in a

proposing settlement or an agreement for unit clarification or certification amend- disposition of any or all issues in the ment proceeding pursuant to section proceeding. 9(b), of the Act, in which no formal

(e) Oral or written communications hearing is held, communications to mem

which concern matters of general signifibers of the Board and their legal assist

cance to the field of labor-management ants, from the time the regional direc

relations or administrative practice and tor's report or decision is issued.

which are not specifically related to (d) In a proceeding pursuant to sec

pending on-the-record proceedings. tion 10(k) of the Act, communications to § 102.131 Communications by Board members of the Board and their legal

agents. assistants, from the time the hearing is No Board agent of the categories deopened.

fined in § 102.128, participating in a par(e) In an unfair labor practice pro- ticular proceeding as defined in that secceeding pursuant to section 10(b) of the tion, shall (a) request or entertain any Act, communications to the trial ex- prohibited ex parte communications; or aminer assigned to hear the case or to (b) make any prohibited ex parte com

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