Page images
PDF
EPUB
[blocks in formation]

SOURCE: §§ 6.1 to 6.12, inclusive, contained in Rules of Procedure, Secretary of Labor, Jan. 20, 1947, 12 F.R. 1105.

§ 6.1 Appointment of Emergency Boards of Inquiry. Emergency Boards of Inquiry may be appointed by the Secretary of Labor in connection with any labor dispute whenever in his judgment the interest of industrial peace may require it to be done.

§ 6.2 Hearing to be public. Whenever such a board has been appointed it shall hold a public hearing on the merits of the dispute, unless the parties agree to present their case in writing. The record made at such hearing shall include all documents, statements, exhibits, and briefs, which may be submitted, together with the stenographic record. The parties shall have the right to attend the hearing with such persons as they desire, and the hearing shall be open to any other person who wishes to attend, including representatives of the press and radio. The board shall have authority to make whatever reasonable rules are necessary for the conduct of an orderly public hearing. The board may, with the consent of the parties, exclude persons other than the parties at any time when the expeditious settlement of the dispute so requires.

§ 6.3 Participation by board in the hearing. The board may, on its own initiative, at such hearing, call witnesses and introduce documentary or other evidence, and may participate in the examination of witnesses for the purpose of expediting the hearing or eliciting material facts.

§ 6.4 Participation by parties in their hearing. The interested parties or their representatives shall be given reasonable opportunity: (a) To be present in person at every stage of the hearing; (b) to be represented adequately; (c) to present orally or otherwise any material evidence relevant to the issues; (d) to ask questions of the opposing party or a witness relating to evidence offered or statements made by the party or witness at the hearing, unless it is clear that such questions have no material bearing on the credibility of that party or witness or on the issues in the case; (e) to present to the board oral or written argument on the issues.

§ 6.5 Stenographic records. An official stenographic record of the proceedings shall be made. A copy of such record shall be available for inspection by the parties, and copies may be purchased by the parties from the court reporter.

§ 6.6 Rules of evidence. The hearing may be conducted informally. The receipt of evidence at the hearing need not be governed by the common law rules of evidence.

§ 6.7 Facilities available to board. The board may during the proceedings consult with the office of the Secretary of Labor or his designated agents for the purpose of obtaining information pertaining to any wage or salary issue. (Such information may include information in the possession of other governmental agencies.)

Emergency Boards shall be serviced, including the making available of personnel and facilities of the Department, through the office of the Director of the United States Conciliation Service.

§ 6.8 Requests for the production of evidence. The board does not have the power of subpoena. It may request the parties to produce any evidence it deems revelant to the issues but such evidence must be obtained upon the voluntary compliance of the parties.

§ 6.9 Adjournment of hearing to permit direct negotiation. Where, in the opinion of the board, the parties should make further efforts to settle an issue by collective bargaining or where the parties agree to do so, the board may recess the hearing to allow the parties to resume direct negotiations for as long a period as they may mutually agree upon

or until a date specified by the board for reconvening of the hearing. Whenever possible, the board shall, at the time of the recess, notify the parties of the date when the board will reconvene with the parties. If it is not possible to give such notice at the time of recess, the parties shall be given at least five days advance notice of this date of reconvening, unless the exigencies of the situation require shorter notice.

§ 6.10 Settlement of issue by agreement between parties. If during the proceedings an agreement is reached between the parties with respect to the issues in dispute they shall be requested to execute a statement in writing to that effect.

§ 6.11 Question as to extent of board's authority. If during the proceedings a question arises as to the extent of the authority of the board to inquire into the facts, or as to the interpretation of the order of the Secretary setting up the board, the board may recess the hearing and consult with the Secretary or his designated agent for the purpose of obtaining clarification.

§ 6.12 Findings of fact and recommendations by the board. (a) After the conclusion of the hearing the board shall submit to the Secretary an original and six copies of its findings of fact and recommendations, unless the parties in the meantime have settled the dispute or agreed to submit it to arbitration.

(b) The time for filing findings of fact and recommendations may not be extended except upon consent of the Secretary.

PART 7-PROCEDURE; OFFICE FOR THE REGISTRATION OF LABOR ORGANIZATIONS [ADDED]

§ 7.1 Form to be used in filing reports. The form, entitled "Labor Organization Registration Form "" is hereby prescribed as the form for filing of organizational and financial reports by labor organizations with the Office for the Registration of Labor Organizations, United States Department of Labor, Washington 25, D. C., under sections 9 (f), and 9 (g) of the Labor-Management Relations Act, 1947.

1 Forms may be obtained at Office for the Registration of Labor Organizations at Department of Labor.

Budget Bureau No. 44-R700 Approval expires July 1, 1949

LABOR ORGANIZATION REGISTRATION FORM

(PUBLIC LAW 101-80TH CONGRESS) To: Office for the Registration of Labor Organizations, United States Department of Labor Washington 25, D. C. Sections 9 (f) and (g) of the Labor-Management Relations Act, 1947 (Public Law No. 101, 80th Congress, 1st sess.) require that the following information be filed and kept up to date annually with the Secretary of Labor before the National Labor Relations Board may investigate any representation question raised by the labor organization, or entertain any petition for a union-shop election, or issue any complaint pursuant to an unfair practice charge filed by a labor organization. This report must be filled not only by any labor organization desiring to raise any such question before the Board but also by any national or international labor organization of which such labor organization is an affiliate or constituent part. 1. Full name of organization:

[blocks in formation]

4. (b) Attach a list showing the names, titles, and compensation and allowances of all other officers or agents whose aggregate compensation and allowances for the preceding fiscal year exceeded $5,000 and indicate the manner in which such officials or agents were elected, appointed, or otherwise selected. Show compensation and allowances for the preceding fiscal year in each case.

5. The initiation fee or fees which new members are required to pay to join the union (See footnote)

6. The regular dues or fees which members must pay to remain in good standing are: per (See footnote)

[ocr errors]

(Month, year, etc.)

* (In case of a national or international union, specify any regulation regarding fees or dues.)

7. A copy of the constitution and by-laws of your organization is required to accompany this registration form. Please indicate which paragraphs or sections of your constitution and by-laws show the procedure followed with respect to the items listed below: If your constitution does not cover each of the items specified, a detailed statement explaining the procedure followed by your organization with respect to the items not covered should be attached to this reply form and marked with the corresponding item numbers.

(a) Qualifications for or restrictions on membership---

(b) Election of officers and stewards..........

(c) Calling of regular and special meetings

(d) Levying of assessments_

(e) Imposition of fines.. (f) Authorization

mands___

for bargaining de

[blocks in formation]

8. Submit with this registration a report showing (a) the beginning and closing dates of your fiscal year; (b) all of your receipts of any kind and the sources of such receipts for the fiscal year; (c) your total assets and liabilities as of the end of your last fiscal year; and (d) your disbursements made during such fiscal year, including the purposes for which made. The annual financial report prepared by most unions may be used for this purpose as long as such report contains the above information.

I, a duly authorized official of the above named union, certify that the information submitted herewith is true to the best of my knowledge and belief.

[blocks in formation]

Subtitle B-Labor Regulations

CHAPTER I-UNITED STATES EMPLOYMENT SERVICE, DEPARTMENT OF LABOR

N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C. 1002, 1003).

Part

21 Cooperation of United States Employment Service and States in establishing and maintaining a national system of public employment offices. [Amended] 22 Instructions to State agencies for preparation and submittal of State plan of operation under the Wagner-Peyser Act. [Amended]

23 Policies of the United States Employment Service. [Amended]

25 Instructions to State agencies relative to fiscal affairs in connection with grants made for expenses of employment service administration. [Added]

ABBREVIATIONS: The following abbreviations are used in this chapter:

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

Sec.

21.18 State plans of operation. [Redesig-
nated] 1

21.19 Delegation of authority.
nated] 1

21.21

1

[Redesig

21:20 Amounts and purposes of grants.
[Redesignated] 1
Notice and opportunity for hearing to
State agency prior to withdrawal of
Federal funds. [Redesignated] 1

AUTHORITY: §§ 21.8 and 21.9 issued under 48 Stat. 113, 58 Stat. 293, 60 Stat. 679, Pub. Law 40, 80th Cong.; 29 U.S.C. 49-491, 38 U.S.C. 695-695f. Secs. 201, 203, Reorg. Plan. No. I, 3 CFR, Cum. Supp., Chap. IV. E.O. 9247, Sept. 17, 1942, E. O. 9617, Sept. 19, 1945, 3 CFR, Supps.

SOURCE: §§ 21.8 and 21.9 contained in Regulations, Secretary of Labor, Nov. 12, 1947, 12 F.R. 7654.

§ 21.8 Agricultural and related industry placement services. Beginning January 1, 1948, each State Agency, in carrying out the provisions of the WagnerPeyser Act, shall maintain, through its State administrative office and local employment offices, effective placement services for agricultural and related in

dustry employers and workers, and such services shall include appropriate programs for the intrastate recruitment and transfer of workers and for cooperation with the United States Employment Service in the interstate recruitment and movement of workers.

§ 21.9 Services and facilities. Each State agency shall provide in an efficient and effective manner, the public employment services described in §§ 21.2 to 21.8, inclusive, through adequate local employment office facilities. Each State agency shall maintain local employment office facilities in such number, size and location as may be necessary in view of the population distribution and industrial, agricultural and related industry employment pattern of the State and of communities within the State.

CODIFICATION: Former §§ 21.8 to 21.20 were redesignated §§ 21.9 to 21.21, respectively, a new § 21.8 was added and the redesignated § 21.9 was revised as set forth above.

§ 21.10 Organization. [Redesignated, see codification note to § 21.91.

§ 21.11 Arrangements between United States Employment Service and related Federal agencies. [Redesignated, see codification note to § 21.9]

§ 21.12 Employment service manual. [Redesignated, see codification note to § 21.9]

§ 21.13 Personnel administration. [Redesignated, see codification note to § 21.9]

$21.14 Fiscal affairs. [Redesignated, see codification note to § 21.91

§ 21.15 Advisory councils. [Redesignated, see codification note to § 21.9]

§ 21.16 Confidential character of records. [Redesignated, see codification

note to § 21.9]

[blocks in formation]
[blocks in formation]

22.506 Agricultural and related industry placement. [Revised]

AUTHORITY: §§ 22.309 and 22.506 issued under 48 Stat. 118, Title IV, 58 Stat. 293, 60 Stat. 679, Pub. Law 40, 80th Cong.; 29 U.S.C. 49-491, 38 U.S.C. 695-6951. Secs. 201, 203, Reorg. Plan No. I, 3 CFR, Cum. Supp., Chap. IV. E.O. 9247, Sept. 17, 1942, E.O. 9617, Sept. 19, 1945, 3 CFR, Supps.

SOURCE: $ 22.309 and 22.506 contained in Regulations, Secretary of Labor, Nov. 12, 1947, 12 F.R. 7654.

Subpart C-Organization

§ 22.309 State and local advisory councils. Submit a statement showing the composition of the State Advisory Council when organized, the number of members representing employers, employees and the public, and the frequency of regularly scheduled meetings. mit the same information for any local advisory councils and any farm labor advisory councils.

Subpart E-Program

Sub

[blocks in formation]
« PreviousContinue »