« PreviousContinue »
gether with an informal analysis by the hearing officer of the issues and the evidence but without recommendations. 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.
(d) The rties 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.
$ 202.26 Initiation of rescission of authority cases. The investigation of the question as to whether the authority of a labor organization to make an agreement requiring membership in a labor organization as a condition of employment is rescinded is initiated by the filing of a petition by any employee or group of employees on behalf of 30 percent or more of the employees in a bargaining unit for which the labor organization has been authorized to make such an agreement. The petition, which must be notarized, is filed with the Regional Director for the area in which the alleged appropriate bargaining unit exists. The blank petition form, which is supplied by the Regional Office upon request, provides, among other things, for a description of the bargaining unit involved, the name and address of the labor organization whose authority is in issue, the approximate number of employees involved, and the approximate number of employees within the unit who have authorized petitioner to file the petition. Petitioner must supply, with the petition, or within 48 hours after filing, its evidence of authorization from the employees to seek an election,
8 202.27 Investigation of petition; withdrawals and dismissals. (a) Upon receipt of the petition in the Regional Ofice, it is filed, docketed, and assigned to a member of the staff, usually a field examiner, for investigation. He con
ducts an investigation to ascertain (1) whether the employer's operations affect commerce within the meaning of the act, (2) whether the time is appropriate for holding such an election, (3) whether an election would effectuate the policies of the act by providing for a free expres. sion of choice by the employees, and (4) whether petitioner has been authorized by at least 30 percent of the employees to fille such a petition. The evidence of designation submitted by petitioner, usually in the form of cards signed by individual employees authorizing the filing of such a petition, is checked to determine the proportion of employees who desire rescission.
(b) 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 written contract held by the labor organization whose authority petitioner desires to rescind precludes further investigation at that time, or petitioner's card showing is insufficient to meet the 30 percent statutory requirement referred to in paragraph (a) of this section.
(c) The same procedure is followed with respect to the Regional Director's request for withdrawal or dismissal, as has already been described in $ 202.22.
§ 202.28 Consent agreements; elections conducted without hearings; fotmal hearings and elections conducted after hearings; post election procedures. The same procedure is followed with respect to consent agreements providing for election, elections conducted without hearings, formal hearings and elections conducted after hearings and subsequent procedures as has already been described in $ $ 202.23 to 202.25, inclusive.
Subpart E-Jurisdictional Dispute Cases
Under Section 10 (k) of the Act $ 202.29 Initiation of proceedings to hear and determine jurisdictional disputes under section 10 (k). The investigation of a jurisdictional dispute under section 10 (k) is initiated by the filing of a charge, as described in § 202.2, by any person alleging a violation of paragraph (4) (D) of section 8 (b).
$ 202.30 Investigation of charges; withdrawal of charges; dismissal of charges and appeals to Board. These matters are handled as described in $ $ 202.3 to 202.7, inclusive. Cases involving violation of paragraph (4) (D) of section 8 (b) are given priority over all other cases in the office except cases under paragraphs (4) (A), (4) (B) and (4) (C) of section 8 (b).
$ 202,31 Initiation of formal action; settlement. If, after investigation, it appears to the Regional Director that further proceedings should be instituted, he issues a notice of filing of the charge together with a notice of hearing which includes a simple statement of issues involved in the jurisdictional dispute and which is served on all parties to the dispute out of which the unfair labor practice is alleged to have arisen. The hearing is scheduled for not less than 10 days after service of the notice of hearing. If within 10 days after service of the notice of hearing, the parties present to the Regional Director satisfactory evidence that they have adjusted or agreed upon methods of voluntary adjustment of the dispute, the Regional Director withdraws the notice of hearing and either permits the withdrawal of the charge or dismisses the charge. ' The parties may agree on an arbitrator, & proceedings under section 9 (c) of the act, or any other satisfactory method to resolve the dispute.
$ 202.32 Hearing. If the parties have not adjusted the dispute or agreed upon methods of voluntary adjustment, a hearing, usually open to the public, is held before a hearing officer. The hearing is nonadversary in character, and the primary interest of the hearing oficer is to insure that the record contains as full a statement of the pertinent facts as may be necessary for a determination of the issues by the Board. All parties are afforded full opportunity to present their respective positions and to produce evidence in support of their contentions. The parties are permitted to argue orally on the record before the hearing oficer. At the close of the hearing, the case is transmitted to the Board for decision. The hearing officer prepares an analysis of the issues and the evidence but makes no recommendations in regard to resolution of the dispute.
$ 202.33 Procedure before the Board. The parties have 7 days after the close of the hearing to file briefs with the Board and to request oral argument which the Board may or may not grant. The Board then considers the evidence taken at the
hearing and the hearing officer's analysis together with any briefs that may be filed and the oral argument, if any, and issues its certification of the labor organization or the particular trade, craft, or class of employees which shall perform the particular work tasks in issue.
§ 202.34 Compliance with certification; further proceedings. After the issuance of certification by the Board, the Regional Director in the region in which the proceeding arose communicates with the parties for the purpose of ascertaining their intentions in regard to compliance. Conferences may be held for the purpose of working out details. If the Regional Director is satisfied that parties are complying with the certification, he dismisses the charge. If the Regional Director is not satisfied that the parties are complying, he issues a complaint and notice of hearing, charging violation of section 8 (b), (4) (D) of the act, and the proceeding follows the procedure outlined in $ $ 202.8 to 202.15. Subpart F-Procedure Under Section 10
(i) and (I) of the Act $ 202.35 Application for temporary relief or restraining orders. Whenever the Regional Director deems it advisable to seek temporary injunctive relief under section 10 (1), or whenever he determines that complaint should issue alleging violation of section 8 (b) (4) (A) (B) or (C), or whenever he deems it appropriate to seek temporary injunctive relief for a violation of section 8 (b) (4) (D), the officer or Regional attorney to whom the matter has been referred will make application for appropriate temporary relief or restraining order in the District Court of the United States within which the unfair labor practice is alleged to have occurred or within which the party sought to be enjoined resides or transacts business.
$ 202.36 Change of circumstances. Whenever a temporary injunction has been obtained pursuant to section 10 (1) and thereafter the trial examiner hearing the complaint, upon which the determination to seek such injunction was predicated, recommends dismissal of such complaint, in whole or in part, the oficer or Regional attorney handling the case for the Board suggests to the District Court which issued the temporary injunction the possible change in circumstances arising out of the findings
and recommendations of the trial examiner.
PART 203_RULES AND REGULATIONS, SERIES 5 [REVISED)
Subpart A-Definitions Sec. 203.1 Terms defined in section 2 of the act. 203.2 Act, Board, Board Agent. 203.3 General Counsel. 203.4 Region. 203.5 Regional Director, Regional Attorney. 203.6 Trial examiner, hearing officer. 203.7' State. 203.8 Party. Subpart B-Procedure Under Section 10 (a) to (1)
of the Act for the Prevention of Unfair Labor Practices 1
Sec. 203.29 Intervention; requisites; rulings on
motions to intervene. WITNESSES, DEPOSITIONS, AND SUBPENAS 203.30 Examination of witnesses; deposi
tions. 203.31 Issuance of subpenas; petitions to
revoke subpenas; right to inspect
or copy data. 203.32 Payment of witness fees and mileage;
fees of persons taking depositions. TRANSFER, CONSOLIDATION AND SEVERANCE 203.33 Transfer of charge and proceeding
from region to region; consolidation of proceedings in same region; severance.
203.9 Who may file; withdrawal and dis
missal. 203.10 Where to Ale. 203.11 Form; jurat. 203.12 Contents. 203.13 Compliance with section 9 (f), (g),
and (b) of the act. 203.14 Service of charge.
203.15 When and by whom issued; contents;
service. 203.16 Hearing; extension. 203.17 Amendment. 203.18 Withdrawal. 203.19 Review by the General Counsel of
refusal to issue.
203.34 Who shall conduct; to be public un
less otherwise 'ordered. 203.36 Duties and powers of trial examin
ers. 203.36 Unavailability of trial examiners. 203.37 Disqualification of trial examiners. 203.38 Rights of parties. 203.39 Rules of evidence controlling so far
as practicable. 203.40 Stipulations of fact admissible. 203.41 Objection to conduct of hearing;
how made; objections not waived
by further participation. 203.42 Filing of briefs and proposed find
ings with the trial examiner and
oral argument at the hearing. 203.43 Continuance and adjournment. 203.44 Contemptuous conduct; refusal of
witness to answer questions.
203.20 Answer to complaint; time for filing;
contents; allegations not denied
deemed admitted. 203.21 Where to file; service upon the par
ties; form; jurat. 203.22 Extension of time for filing. 203.23 Amendment.
INTERMEDIATE REPORT AND TRANSFER OF CASE TO
THE BOARD 203.45 Intermediate report and recommend
203.24 Motions; where to file prior to hear
ing and during hearing; contents;
service on other parties. 203.25 Ruling on motions; where to fille mo
tions after hearing and before
transfer of case to Board. 203.26 Motions; rulings and orders part of
record; rulings not to be appealed directly to Board without special
permission. 203.27 Review of granting of motion to dis
miss entire complaints; reopening
of record. 203.28 Filing of answer or other participa
tion in proceedings not a waiver of rights.
ed order; contents; service; transfer of the case to the Board; con.
tents of record in case. EXCEPTIONS TO THE RECORD AND PROCEEDING 203.46 Exceptions or supporting briefs; time
for filing; where to fille; service on parties; extension of time; effect of failure to include matter in ex
ceptions: oral arguments. 203.47 Filing of motion after transfer of
case to Board.
PROCEDURE BEFORE THE BOARD
203.48 Action of Board upon expiration of
time to file exceptions to inter
mediate report. 203.49 Modification or setting aside of or
der of Board before record filed in
court; action thereafter. 203.50 Hearings before Board or member
thereof. 203.51 Settlement or adjustment of issues. ees of Washington staff.
1 Procedure under section 10 (1) to (1) of the act is governed by Subparts E and F of this part.
Subpart C-Procedure Under Section 9. (c) of the
Act for the Determination of Questions Concernins Representation of Employees
Sec. 203.52 Petition for certification or decerti
fication; who may file; where to file;
withdrawal. 203.53 Contents of petition for certification;
contents of petition for decertifica
tion. 203.54 Consent election agreements. 203.55 Investigation of petition by Regional
Director; notice of hearing; service
of notice; withdrawal of notice. 203.56 Conduct of hearing. 203.57 Motions; interventions. 203.58 Introduction of evidence; rights of
parties at hearing; subpenas. 203.59 Record; what constitutes; transmis
sion to Board. 203.60 Proceedings before the Board; further
hearing; briefs; Board direction of
election; certification of results. 203.61 Election procedure; tally of the bal
lots; objections; report on challenged ballots; report on objections; exceptions; action of the
Board; hearing. 203.62 Run-off election. 203.83 Refusal to issue notice of hearing;
appeals to Board from action of the
Regional Director. 203.84 Filing petition with General Counsel;
investigation upon motion of Gen. eral Counsel; transfer of petition and proceeding from region to General Counsel or to another region; consolidation of proceedings in same region; severance; procedure before General Counsel in cases over wbich he has assumed jurisdiction.
Sec. 203.75 Adjustment of dispute; withdrawal
of notice of hearing; hearing. 203.76 Proceedings before the Board; fur
ther hearings; briefs; certification. 203.77 Compliance with certification; fur
ther proceedings. 203.78 Review of certification. Subpart F-Procedure in Cases Under Section 10
(1) and (I) of the Act 203.79 Expeditious processing of section 10
(1) cases. 203.80 Priority of cases pursuant to section
10 (1) of the act. 203.81 Issuance of complaint promptly. 203.82 Expeditious processing of section 10
(1) cases in successive stages.
Subpart GService of Papers 203.83 Service of process and papers; roof
of service. 203.84 Same; by parties; proof of service. 203.85 Filing of proof of service. 203.86 Time; additional time after service
Docaments 203.87 Certification of papers and docu
ments. 203.88 Signatures of orders.
Subpart 1-Records and Information 203.89 Files, records, etc., in exclusive cus
tody of Board and not subject to inspection; formal documents and final opinions and orders subject
to inspection. 203.90 Same; Board employees prohibited
from producing files, records, etc., pursuant to subpena duces tecum, prohibited from testifying in re
gard thereto. Subpart J-Practice Before the Board of Former
Employees 203.91 Prohibition of practice before Board
of its former Regional employees in cases pending in region during
employment. 203.92 Same; application to former employ
Subpart D-Procedure for Referendum Under
Section 9 (e) of the Act 203.65 Petition for referendum under sec
tion 9 (e) (1) of act; who may
file; where to file; withdrawal. 208.66 Contents of petition. 203.67 Investigation of petition by Regional
Director; consent referendum; di
Subpart K-Construction of Rules 203.93 Rules to be liberally construed. Subpart Enforcement of Rights, Privileges,
and Immunities Granted or Guaranteed Under
post-balloting procedure. 203.70 Refusal to conduct referendum; ap
peal to Board. 203.71 Petition for referendum under sec
tion 9 (e) (2) of the act; who may
file; where to file; withdrawal. 208.72 Contents of petition to rescind au
thority. 203.73 Subsequent proceedings under sec
tion 9 (e) (2). Subpart E-Procedure to Hear and Determine
Disputes Under Section 10 (k) of the Act 203.74 Initiation of proceedings; notice of
filing charge; notice of hearing.
Subpart M-Amendments 203.95 Amendment or rescission of rules, 203.96 Petitions for issuance, amendment or
repeal of rules. 203.97 Action on petition.
AUTHORITY: 88 203.1 to 203.97, inclusive, issued under sec. 6, 49 Stat. 452, Pub. Law 101, 80th Cong.; 29 U.S. C. 156.
SOURCE: $ $ 203.1 to 203.97, inclusive, contained in Regulations, Chairman, National Labor Relations Board, Aug. 19, 1947, effective Aug. 22, 1947, 12 F.R. 5657.
$ 203.7 State. The term "State" as used herein shall include the District of Columbia and all States, Territories, and possessions of the United States.
§ 203.8 Party. The term "party" as used herein shall mean the Regional Director in whose region the proceeding is pending, and any person named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any Board proceeding, including, without limitation, any person filing a charge or petition under the act, any person named as respondent, as employer, or as party to a contract in any proceeding under the act, and any labor organization alleged to be dominated, assisted, or supported in violation of section 8 (a) (1) or 8 (a) (2) of the act; but nothing herein shall be construed to prevent the Board or its designated agent from limiting any party to participate in the proceedings to the extent of his interest only. Subpart B-Procedure Under Section 10
(a) to (i) of the Act for the Prevention of Unfair Labor Practices
Subpart A-Definitions $ 203.1 Terms defined in section 2 of the act. The terms "person," "employer," "employee," "representative," "labor organization," "commerce," "affecting commerce,” and “unfair labor practice," as used herein, shall have the meanings set forth in section 2 of the National Labor Relations Act, as amended by Title I of the Labor Management Relations Act, 1947.
$ 203.2 Act, Board Board Agent. The term “act" as used herein shall mean the National Labor Relations Act, as amended. The term "Board" shall mean the National Labor Relations Board, and shall include any group of three or more members designated pursuant to section 3 (b) of the act, The term "Board agent" shall mean any member, agent or agency of the Board, including its General Counsel.
$ 203.3 General Counsel. The term "General Counsel" as used herein shall mean the General Counsel under section 3 (d) of the act.
$ 203.4 Region. The term "region" as used herein shall mean that part of the United States or any Territory thereof fixed by the Board as a particular region.
$ 203.5 Regional Director, Regional Attorney. The term “Regional Director" as used herein shall mean the agent designated by the Board as Regional Director for a particular region. The term "Regional Attorney” as used herein shall mean the attorney designated by the Board as Regional Attorney for a particular region.
$ 203.6 Trial examiner, hearing officer. The term “trial examiner" as used herein shall mean the agent of the Board conducting the hearing in an unfair labor practice or Telegraph Merger Act proceeding. The term "hearing officer" as used herein shall mean the agent of the Board conducting the hearing in a proceeding under section 9 or in a dispute proceeding under section 10 (k) of the act.
$ 203.9 Who may file; withdrawal and dismissal. A charge that any person has engaged in or is engaging in any unfair labor practice affecting commerce may be made by any person. Any such charge may be withdrawn, prior to the hearing, only with the consent of the Regional Director with whom such charge was filed; at the hearing and until the case has been transferred to the Board pursuant to g 203.45, upon motion, with the consent of the Trial Examiner designated to conduct the hearing; and after the case has been transferred to the Board pursuant to $ 203.45, upon motion, with the consent of the Board. Upon withdrawal of any charge, any complaint based thereon shall be dismissed by the Regional Director issuing the complaint, the Trial Examiner designated to conduct the hearing, or the Board.
$ 203.10 Where to file. Except as provided in § 203.33, such charge shall be filled with the Regional Director for the Region in which the alleged unfair labor practice has occurred or is occurring. A charge alleging that an unfair labor practice has occurred or is occurring in two or more Regions may be filed with the Regional Director for any of such Regions.