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(b) The Regional Director submits to the Board a report on compliance when compliance is obtained. This report must meet the approval of the Board before the case may be closed. Despite compliance, however, the Board's order is a continuing one; therefore, the closing of a case on compliance is necessarily conditioned upon the continued observance of that order; and in some cases it is deemed desirable, notwithstanding compliance, to implement the order with an enforcing decree. Subsequent violations of the order may become the basis of further proceedings.

$ 202.14 Judicial review of Board decisions and orders. If the respondent does not comply with the Board's order, or the Board deems it desirable to implement the order with a court decree, the Board may petition the appropriate federal court for enforcement. Or, the respondent may petition the circuit court of appeals to review and set aside the Board's order. Upon such review or enforcement proceedings, the court reviews the record and the Board's findings and order and sustains them if they are in accordance with the requirements of law. The court may enforce, modify, or set aside in whole or in part the Board's findings and order, or it may remand the case to the Board for further proceedings as directed by the court. Following the court's decree, either the government or the private party may petition the Supreme Court for review upon writ of certiorari. Such applications for review to the Supreme Court are handled by the Board through the Solicitor General of the United States.

§ 202.15 Compliance with court decree. After a Board order has been enforced by a court decree, the Board has the responsibility of obtaining compliance with that decree. Investigation is made by the Regional Ofice of the respondent's efforts to comply. If it finds that the respondent has failed to live up to the terms of the court's decree, the General Counsel may, on behalf of the Board, petition the court to hold him in contempt of court. The court may order immediate remedial action and impose sanctions and penalties. Subpart C-Representation Cases Under

Section 9 (c) of the Act $ 202.16 Initiation of representation case. The investigation of the question as to whether a union represents a ma

jority of an appropriate grouping of employees is initiated by the filing of a petition by any person or labor organization acting on behalf of a substantial number of employees or by an employer when one or more individuals or labor organizations present to him a claim to be recognized as the exclusive bargaining representative. If there is a certified or currently recognized representative, any employee or group of employees or any individual or labor organization acting in their behalf may also file decertification proceedings to test the question of whether the certified or recognized agent is still the representative of the employees. All petitions must be notarized and are filed with the Regional Director for the Region in which the proposed or actual bargaining unit exists. The petition forms, which are supplied by the Regional Office upon request, provide, among other things, for a description of the contemplated or existing appropriate bargaining unit, the approximate number of employees involved, the names of other labor organizations which also claim to represent the same employees, and, if filed by a labor organization, a statement as to whether it has complied with section 9 (f), (g), and (h) of the act (see § 202.3, supra). Petitions will be accepted for docketing even though there has not yet been compliance with section 9 (f), (g), and (h) but such petitions will not be processed until there has been full compliance as required by the statute and they will be dismissed unless such compliance is forthcoming within a reasonable period, not to exceed 10 days, after the filing of the petition. If a petition is filed by a labor organization or in the case of a petition to decertify a certified or recognized bargaining agent, the petitioner must supply with the petition, or within 48 hours after filing, evidence of representation. Such evidence is usually in the form of cards authorizing the labor organization to represent the employees or authorizing the petitioner to file a decertification proceeding.

$ 202.17 Investigation of petition. (a) Upon receipt of the petition in the Regional Office, it is docketed and assigned to a member of the staff, usually a field examiner, for investigation. He conducts an investigation to ascertain (1) whether the employer's operations affect commerce within the meaning of the act, (2) the appropriateness of the

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unit of employees for the purposes of collective bargaining and the existence of a bona fide question concerning representation within the meaning of the act, (3) whether the election would effectuate the policies of the act and reflect the free choice of employees in the appropriate unit, and (4) whether, if the petitioner is a labor organization seeking recognition, there is a sufficient probability, based on the evidence of representation of the petitioner, that the employees have selected it to represent them. The evidence of representation submitted by the petitioning labor organization or by the person seeking decertification is ordinarily checked to determine the number or proportion of employees who have designated the petitioner, .it being the Board's administrative experience that in the absence of special factors the conduct of an election serves no purpose under the statute unless the petitioner has been designated by at least 30 percent of the employees. However, in the case of a petition by an employer, no proof of representation on the part of the labor organization claiming a majority is required and the Regional Director proceeds with the case if other factors require it unless the labor organization withdraws its claim to majority representation. The field examiner, or other member of the staff, attempts to ascertain from all interested parties whether or not the grouping or unit of employees described in the petition constitutes an appropriate bargaining unit.

(b) The petitioner may on its own initiative request the withdrawal of the petition if the investigation discloses that no question of representation exists within the meaning of the statute, because, among other possible reasons, the unit is not appropriate, or a written contract precludes further investigation at that time, or where the petitioner is a labor organization or a person seeking decertification, the showing of representation among the employees is insufficient to warrant an election under the 30 percent principle stated in paragraph (a) of this section.

(c) For the same or similar reasons the Regional Director may request the petitioner to withdraw its petition. If, despite the Regional Director's recommendation, the petitioner refuses to withdraw the petition, the Regional Director then dismisses the petition stating the grounds for his dismissal and informing the petitioner of his right of appeal

to the Board in Washington, D. C. The petitioner may within 10 days appeal from the Regional Director's dismissa) by filing such request with the Board in Washington. After a full review of the file with the assistance of its staff, the Board may sustain the dismissal, stating the grounds of its affirmance, or may direct the Regional Director to take further action.

§ 202.18 Consent adjustments before formal hearing. The Board has devised and makes available to the parties two types of informal consent procedures through which representation issues can be resolved without recourse to formal procedures. These informal arrangements are commonly referred to as (a) consent election agreement, followed by Regional Director's determination, and (b) consent election agreement, followed by Board certification. Forms for use in these informal procedures are available in the Regional Offices.

(a) (1) The consent election agreement followed by the Regional Director's determination of representatives is the most frequently used method of informal adjustment of representation cases. The terms of the agreement providing for this form of adjustment are set forth in printed forms, which are available upon request at the Board's Regional Offices. Under these terms the parties agree with respect to the appropriate unit, the pay roll to be used as the basis of eligibility to vote in an election, and the place, date, and hours of balloting. A Board agent arranges the details incident to the mechanics and conduct of the election. For example, he usually arranges preelection conferences in which the parties check the list of voters and attempt to resolve any questions of eligibility. Also, prior to the date of election, official notices of election are, whenever possible, posted conspicuously in the plant. These notices reproduce a sample ballot and outline such election details as location of polls, time of voting, and eligibility rules.

(2) The actual polling is always conducted and supervised by Board agents. Appropriate representatives of each party may assist them and observe the election. As to the mechanics of the election, a ballot is given to each eligible voter by the Board's agents. The ballots are marked in the secrecy of a voting booth. The Board agents and authorized observers have the privilege of challenging for reasonable cause employees who apply for ballots.

(3) Customarily the Board agents, in the presence and with the assistance of the authorized observers, count and tabulate the ballots, immediately af the closing of the polls. A complete tally of the ballots is served upon the parties upon the conclusion of the count.

(4) If challenged ballots are sufficient in number to affect the results of the count, the Regional Director conducts an investigation and rules on the challenges. Similarly, if objections to the conduct of the election are filed within 5 days of the issuance of the tally of ballots, the Regional Director likewise conducts an investigation and rules upon the objections. If, after investigation, the objections are found to have merit, the Regional Director may void the election results and conduct a new election.

(5) This form of agreement provides that the rulings of the Regional Director on all questions relating to the election (for example, eligibility to vote and the validiy of challenges and objections) are final and binding. Also, the agreement provides for the conduct of a run-off election, in accordance with the provisions of the Board's rules and regulations, if two or more labor organizations appear on the ballot and no one choice receives the majority of the valid votes cast.

(b) The consent election agreement followed by a Board certification provides that the agreed-upon election shall be the basis of a formal decision by the Board instead of an informal determination by the Regional Director. In this agreement also it is provided that the Board, rather than the Regional Director, makes the final determination of questions raised concerning eligibility, challenged votes and objections to the conduct of the election. Thus, if challenged ballots are sufficient in number to affect the results of the count, the Regional Director conducts an investigation and issues a report on the challenges instead of ruling thereon. Similarly, if objections to the conduct of the election are filed within 5 days after issuance of the tally of ballots, the Regional Director likewise conducts an investigation and issues a report instead of ruling upon the validity of the objections. In either event, the Regional Director's report is served upon the parties, who may file exceptions thereto within 5 days with the

Board in Washington. The Board then reviews the entire record made and may, if a substantial issue is raised, direct a hearing on the challenged ballots or the objections to the conduct of the election. Or, the Board may, if no substantial issues are raised, affirm the Regional Director's report and take appropriate action in termination of the proceedings. If a hearing is held upon the challenged ballots or objections, all parties are heard and the record made on the hearing is reviewed by the Board with the assistance of its legal assistants and a final determination made thereon. If the objections are found to have merit, the election results may be voided and a new election conducted under the supervision of the Regional Director. If the union has been selected as the representative, the Board issues its certification and the proceeding is terminated. If upon a decertification or employer petition the union loses the election the Board certifies that the union is not the chosen representative.

$ 202.19 Formal hearing. If no informal adjustment of the question concerning representation has been effected and it appears to the Regional Director that formal action is necessary, the Regional Director will institute formal proceedings by issuance of a notice of hearing on the issues, which is followed by Board decision and direction of election or dismissal of the case. In certain types of cases, involving novel or complex issues, the Regional Director may submit the case for advice from the General Counsel before issuing notice of hearing.

$ 202.20 Hearing; procedure after hearing. (a) The notice of hearing, together with a copy of the petition, is served upon the unions and employer filing or named in the petition and upon other known persons or labor organizations claiming to have been designated by employees involved in the proceeding.

(b) The hearing, usually open to the public, is held before a hearing officer who normally is an attorney or field examiner attached to the Regional Office but may be another qualified official. The hearing, which is nonadversary in character, is part of the investigation in which the primary interest of the Board's agents is to insure that the record contains as full a statement of the pertinent facts as may be necessary for determination of the case by the Board. The parties are afforded full opportunity to present their respective positions and to produce the significant facts in support of their contentions. In most cases a substantial number of the relevant facts are undisputed and stipulated. The parties are permitted to argue orally on the record before the hearing officer.

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(c) Upon the close of the hearing, the entire record in the case is forwarded to the Board in Washington. The hearing oficer also transmits an analysis of the issues and the evidence, but makes no recommendations in regard to resolution of the dispute. All parties may file briefs with the Board within 7 days after the close of the hearing and may also request to be heard orally by the Board. Because of the nature of the proceedings, however, permission to argue orally is rarely granted. After review of the entire case, the Board issues its decision either dismissing the petition or directing that an election be held. In the latter event, the election is conducted under the supervision of the Regional Director in the manner already described in § 202.18 above.

(d) The parties have the same rights, and the same procedure is followed, with respect to objections to the conduct of the election and challenged ballots, as has already been described in connection with the post-election procedures in cases involving consent elections to be followed by Board certifications.

(e) If the election involves two or more labor organizations and if the election results are inconclusive because no choice on the ballot received the majority of valid votes cast, a run-off election is held as provided in the Board's rules and regulations. Subpart D-Referendum Cases Under Section 9 (e) (1) and (2) of the Act

§ 202.21 Initiation of authorization cases. The investigation of the question as to whether a labor organization which is the representative of employees as provided in section 9 (a) of the act is authorized by a majority of the eligible employees within the appropriate unit to enter into an agreement with the employer requiring union membership of such employees as a condition of employment is initiated by the filing of a petition by such labor organization. The petition, which must be notarized, is

filled with the Regional Director for the Region in which the appropriate bargaining unit exists. The blank petition form, which is supplied by the Regional Ofice upon request, provides, among other things, for a description of the bargaining unit to be covered by the ajreement if made, the approximate number of employees involved, the date of certification or recognition by the employer of the petitioner if there is no certification, the approximate number of employees within the unit who have authorized petitioner to make such an agreement, the names of other labor organizations which claim to represent the employees, and if filed by a labor organization, a statement as to whether it has complied with section 9 (f), (g), and (h) of the act. No petition will be accepted for filing unless the petitioning labor organization is in compliance with section 9 (f), (g), and (h) of the act as provided in $ 202.3. Petitioner must supply with the petition, or within 48 hours after filing, its evidence of authorization from the employees to seek an election.

$ 202.22 Investigation of petition; withdrawals and dismissals. (a) Upon receipt of the petition in the Regional Office, it is filed, docketed, and assigned to a member of the staff, usually a field examiner, for investigation. He conducts an investigation to ascertain (1) whether the employer's operations affect commerce within the meaning of the act, (2) whether a question concerning representation exists within the meaning of the act which requires resolution by a section 9 (c) proceedings, (3) whether an election would effectuate the policies of the act by providing for a free expression of choice by the employees, and (4) whether the petitioner has been authorized by at least 30 percent of the employees to make such an agreement. The evidence of authorization submitted by the petitioner is usually in the form of cards signed by individual employees authorizing or expressing a desire for petitioner to enter into such an agreement and is checked to determine the proportion of employees who desire to authorize the petitioner.

(b) The petitioner may on its own initiative request the withdrawal of the petition if the investigation discloses that an election is inappropriate, because, among other possible reasons, a question of representation exists which requires

resolution by a section 9 (c) proceedings or the petitioner's card showing of authorization by the employees is insuficient to meet the 30 percent statutory requirement referred to in paragraph (a) of this section.

(c) For the same or similar reasons the Regional Director may request the petitioner to withdraw its petition. If petitioner, despite the Regional Director's recommendation, refuses to withdraw the petition, the Regional Director then dismisses the petition, stating the grounds for his dismissal and informing petitioner of his right of appeal to the Board in Washington, D. C. The petitioner may within 10 days appeal from the Regional Director's dismissal by filing such request with the Board in Washington. The request shall contain a complete statement setting forth the facts and reasons upon which the request is made. After a full review of the file with the assistance of its staff, the Board may sustain the dismissal, stating the grounds of its afirmance, or may direct the Regional Director to take further action,

§ 202.23 Consent agreements providing for election. The Board makes available to the parties two types of informal consent procedures through which authorization issues can be resolved without resort to formal procedures. These informal agreements are commonly referred to as (a) consent election agreement, followed by Regional Director's determination, and (b) consent election agreement, followed by Board certification. Forms for use in these informal procedures are available in Regional Offices.

The procedures to be used in connection with a consent election agreement providing for Regional Director's determination and a consent election agreement providing for Board certification are the same as those already described in Subpart C in connection with representation cases under section 9 (c) of the act, except that no provision is made for run-off elections.

$ 202.24 Procedure respecting election conducted without hearing. (a) If the Regional Director determines that the case is an appropriate one for election without formal hearing, an election is conducted as quickly as possible among the employees and upon the conclusion of the election the Regional Director fur

nishes to the parties a tally of the ballots. The parties, however, have an opportunity to make appropriate challenges and objections to the conduct of the election and they have the same rights, and the same procedure is followed, with respect to objections to the conduct of the election and challenged ballots, as has already been described in Subpart C in connection with the post election procedures in representation cases under section 9 (c) of the act, except that no provision is made for a run-off election. If no such objections are filed within 5 days, and if the challenged ballots are insufficient in number to affect the results of the election, the Regional Director forwards to the Board the tally of the ballots and the Board thereupon makes appropriate disposition of the case.

§ 202.25 Formal hearing and procedure respecting elections conducted after hearing. (a) If the preliminary investigation indicates that there are substantial issues, which require Board determination before an appropriate election may be held, the Regional Director will institute formal proceedings by issuance of a notice of hearing on the issues which, after hearing, is followed by Board decision and direction of election or dismissal. The notice of hearing, together with a copy of the petition is served upon petitioner, the employer, and upon any other known persons or labor organizations claiming to have been designated by employees involved in the proceeding.

(b) The hearing, usually open to the public, is held before a hearing officer who normally is an attorney or field examiner attached to the Regional Office but may be another qualified official. The hearing, which is nonadversary in character, is part of the investigation in which the primary interest of the Board's agents is to insure that the record contains as full a statement of the pertinent facts as may be necessary for determination of the case by the Board. The parties are afforded full opportunity to present their respective positions and to produce the significant facts in support of their contentions. In most cases a substantial number of the relevant facts are undisputed and stipulated. The parties are permitted to argue orally on the record before the hearing officer.

(c) Upon the close of the hearing, the entire record in the case is then forwarded to the Board in Washington, to

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