1943 - National Labor Relations Board

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Appendix F. N. L. R. B. Rules and Regulations 227the parties, a Notice of Hearing on said Exceptions before a Trial Examiner,designated by the Board or the Chief Trial Examiner. Thehearing shall be conducted in accordance with the provisions of Sections5, 6, and 7 of this Article, insofar as applicable. Upon the closeof the hearing, the agent conducting the hearing shall forward to theBoard in Washington, D. C., the Notice of Hearing, motions, rulings,orders, stenographic report of the hearing, stipulations, Exceptions,documentary evidence, all of which, together with the Objections tothe conduct of the election or conduct affecting the results of theelection, the Report on such Objections, the Report on ChallengedBallots, and Exceptions to the Report on Objections or to the Reporton Challenged Ballots, and the record previously made, shall constitutethe record in the case. The Bofird shall thereupon proceedpursuant to Section 9 of this Article.SEC. 11. Run-Off Elections.—(a) The agent designated pursuant tothe provisons of Section 10 of this Article to conduct the election,shall conduct a run-off election, without further order of the Board,when the results in the election are inconclusive because no choice onthe ballot in the election received a majority of the valid ballots castand when no objections are filed as provided in Section 10 of thisArticle, provided that a written request by any representative entitledto appear on the run-off ballot pursuant to this Section issubmitted to him within ten days after the date of the election. Onlyone run-off election shall be held pursuant to this Section.(b) Employees who were eligible to vote in the election and whoare employed in an eligible category on the date of the run-off electionshall be eligible to vote in a run-off election.(c) The ballot in the run-off election shall provide for a selectionbetween the two choices that received the largest and the secondlargest number of valid votes cast in the election, except as providedin tliis subsection.(1) In the event the number of votes cast for "neither" in aninconclusive election in which the ballot provided for a choiceamong two representatives and "neither" is less than the numbercast for one representative, but more than or equal to the numbercast for the other representative, or if the votes are equallydivided among the three choices, the run-off ballot, shall providefor a choice between the two representatives.(2) In the event the number of votes cast for "none" in aninconclusive election, in which the ballot provided 'for a choice
228 Eighth Annual Report of the National Labor Relations Boardamong three or more representatives and "none," is equal to thenumber cast for the representative with the largest number Ofvotes, or is less than the number cast for the representative withthe largest number of votes but more than or the same as thenumber cast for the representative with the second largest numberof votes as among representatives, or is the same as the numbercast for each of the two highest representatives, the run-off ballotshall provide for a choice between the two representatives.(3) In the event the number of votes cast for "none" in aninconclusive election, in which- the ballot provided for a choiceamong three or more representatives and "none," is less than thenumber cast for the representative with the largest number ofvotes and more than the number cast for any other representativebut an equal number of votes is cast for each of two ormore such other representatives, the run-off ballot shall providefor a choice among the three or more representatives, provided,however, that in the event such run-off election is inconclusive nofurther run-off shall be conducted.(4) No representative shall be accorded a place on the run-offballot unless that representative received at least twenty percentOf the valid votes cast in the election.(d) Upon the conclusion of the run-off election, the agent who conductedthe run-off election, the parties, and the Board shall proceedpursuant to Section 10 of this Article, insofar as applicable.SEC. 12. Hearing waived by stipulation; consent election agreements;consent cross-check agreements.—After a petition has been filed and itappears to the Regional Director that an investigation should beinstituted, the parties and any known individuals or labor organizationsrepresenting a substantial number of the employees involvedmay, nevertheless, with the approval of the Regional Director, bystipulation, waive a hearing and in lieu thereof enter into an agreementdetermining the appropriate unit, the time and place of holdingthe election, and the pay roll to be used in determining what employeeswithin the appropriate unit shall be eligible to vote. The method ofconducting such election and the post-election procedure shall beconsistent with that followed by the Regional Director in conductingelections directed by the Board and with Sections 10 and 11 of ArticleIII, of these Miles and Regulations.After a petition has been filed and it appears to the RegionalDirector that an investigation should be instituted, the parties and
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EIGHTH ANNUAL REPORTOF THENATIONAL
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NATIONAL LABOR RELATIONS BOARDH. A.
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THE NATIONAL LABOR RELATIONS BOARD
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The N. L. R. B. in the War 3The War
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The N. L. R. B. in the War 5closed.
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The N. L. R. B. in the War 7current
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The N. L. R. B. in the War 9involvi
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The N. L. R. B. in the War 11secret
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Organizational and Administrative D
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Organizational and Administrative D
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IIIA STATISTICAL ANALYSIS OF CASES.
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Statistical Analysis of Cases Filed
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IN/THE NATIONAL LABOR RELATIONS ACT
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The N. L. R. A. in Practice: Unfair
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• LIBRARY• -.AL tABOR, A.T1Into
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THE NATIONAL LABOR RELATIONS ACT IN
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The N. L. R. A. in Practice: Repres
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The N. L. R. A. in Practice: Jurisd
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Enforcement Litigation 61all interm
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Enforcement Litigation 63of the Boa
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Enforcement Litigation 65than to st
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Enforcement Litigation 67tively. Th
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Studies of the Results of Board Act
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Studies of the Results of Board Act
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Studies af the Results of Board Act
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New Statutory Functions Vested in t
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New Statutory Fund ions Vested in t
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APPENDIX ASTATISTICAL TABLESThe fol
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Appendix A. Statistical Tables 85Ta
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Table 8.-Disposition of unfair labo
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,Dismissed, totalBefore hearingBy B
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Table 11.—Number of elections and
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Table 13.-Number of elections and p
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APPENDIX BLIST OF CASES HEARD DURIN
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Appendix B. List of Cases Heard Dur
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Onan, D. W., & Sons.O'Neil, J. E.,
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APPENDIX CLIST OF CASES IN WHICH TH
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Appendix C. Decisions Rendered Duri
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Appendix. C. Decisions Rendered Dur
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Borg-Warner CorpBrennan, P., CoBurn
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APPENDIX DSUMMARY OF LITIGATION FOR
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Appendix D. Summary of Litigation 1
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Appendix D. Summary of Litigation.
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Appendix D. Summary-of Litigation 1
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1943 - National Labor Relations Board

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