1 - National Labor Relations Board

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Appendix A 189 tamed in the charge have merit and an adjustment or settlement has not been achieved by the parties. The complaint sets forth all allegations and information necessary to bring a case to hearing before a trial examiner pursuant to due process of law. The complaint contains a notice of hearing, specifying the time and place of hearing. Compliance The carrying out of remedial action as agreed upon by the parties in writing (see "Formal Agreement," "Informal Agreement") ; as recommended by the trial examiner in his decision; as ordered by the Board in its Decision and Order; or as decreed by the court. Dismissed Cases Cases may be dismissed at any stage. They are dismissed informally when, following investigation, the regional director concludes that there has been no violation of the law, that there is sufficient evidence to support further action, or for a variety of other reasons. Before the charge is dismissed, however, the charging party is given the opportunity to withdraw the charge voluntarily. (See also "Withdrawn Cases.") Cases may also be dismissed by the trial examiner, by the Board, or by the courts through their refusal to enforce orders of the Board. Dues See "Fees, Dues, and Fines." Election, Consent An election conducted by the regional director pursuant to an agreement signed by all parties concerned. The agreement provides for the waiving of a hearing, the establishment of the appropriate unit by mutual consent, and the final determination of all postelection issues by the regional director. Election Directed Board-Directed An election conducted by the regional director pursuant to a decision and direction of election by the Board. Postelection rulings are made by the regional director or by the Board. Regional Director-Directed An election conducted by the regional director pursuant to a decision and direction of election issued by the regional director after a hearing. Post-. election rulings are made by the regional director or by the Board. Election, Expedited An election conducted by the regional director pursuant to a petition filed within 30 days of the commencement of picketing in a situation in which a meritorious 8 (b) (7) (C) charge has been filed. The election is conducted under priority conditions and without a hearing unless the regional director believes the proceeding raises question which cannot be decided without a hearing. Postelection rulings on objections and/or challenges are made by the
190 Thirty-fourth Annual Report of the National Labor Relations Board regional director and are final and binding unless the Board grants an appeal on application by one of the parties. Election, Rerun An election held after an initial election has been set aside either by the regional director or by the Board. Election, Runoff An election conducted by the regional director after an initial election, having three or more choices on the ballot, has turned out to be inconclusive (none of the choices receiving a majority of the valid votes cast). The regional director conducts the runoff election between the choices on the regional ballot which received the highest and the next highest number of votes. Election, Stipulated An election held by the regional director pursuant to an agreement signed by all the parties concerned. The agreement provides for the waiving of hearing and the establishment of the appropriate unit by mutual consent. Postelection rulings are made by the Board. Eligible Voters Employees within an appropriate bargaining unit who were employed as of a fixed date prior to an election, or are otherwise qualified to vote under the Board's eligibility rules. Fees, Dues, and Fines The collection by a union or an employer of dues, fines, and referral fees from employees may be found to be an unfair labor practice under section 8(b) (1) (A) or (2) or 8(a) (1) and (2) or (3), where for instance, such moneys were collected pursuant to an illegal hiring hall arrangement or an invalid or unlawfully applied union-security agreement; where dues were deducted from employees' pay without their authorization; or, in the case of fines, where such fines restrained or coerced employees in the exercise of their rights. The remedy for such unfair labor practices usually requires the reimbursements of such moneys to the employees. Fines See "Fees, Dues, and Fines." Formal Action Formal actions may be documents issued or proceedings conducted when the voluntary agreement of all parties regarding the disposition of all issues in a case cannot be obtained, and where dismissal of the charge or petition is not warranted. Formal actions are, further, those in which the decision-making authority of the Board (the regional director in representation cases), as provided in sections 9 and 10 of the Act, must be exercised in order to achieve the disposition of a case or the resolution of any issue raised in a case. Thus, formal action takes place when a Board decision and consent order is issued pursuant to a stipulation, even though the stipulation constitutes a voluntary agreement.
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TMR.TY-FOURM ANNUAL REPORT
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NATIONAL LABOR RELATIONS BOARD Memb
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7 TABLE OF CONTENTS CHAPTER I. Oper
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II Jurisdiction of the Board The Bo
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VI Unfair Labor Practices The Board
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