RULES AND REGULATIONS - National Labor Relations Board

NATIONAL LABOR RELATIONS ACTment, law, or otherwise: Provided, That the Board is empowered by agreement withany agency of any State or Territory to cede to such agency jurisdiction over anycases in any industry (other than mining, manufacturing, communications, andtransportation except where predominately local in character) even though such casesmay involve labor disputes affecting commerce, unless the provision of the State orTerritorial statute applicable to the determination of such cases by such agency isinconsistent with the corresponding provision of this Act [subchapter] or has receiveda construction inconsistent therewith.(b) [Complaint and notice of hearing; six-month limitation; answer; court rulesof evidence inapplicable] Whenever it is charged that any person has engaged in or isengaging in any such unfair labor practice, the Board, or any agent or agencydesignated by the Board for such purposes, shall have power to issue and cause to beserved upon such person a complaint stating the charges in that respect, and containinga notice of hearing before the Board or a member thereof, or before a designated agentor agency, at a place therein fixed, not less than five days after the serving of saidcomplaint: Provided, That no complaint shall issue based upon any unfair laborpractice occurring more than six months prior to the filing of the charge with theBoard and the service of a copy thereof upon the person against whom such charge ismade, unless the person aggrieved thereby was prevented from filing such charge byreason of service in the armed forces, in which event the six-month period shall becomputed from the day of his discharge. Any such complaint may be amended by themember, agent, or agency conducting the hearing or the Board in its discretion at anytime prior to the issuance of an order based thereon. The person so complained of shallhave the right to file an answer to the original or amended complaint and to appear inperson or otherwise and give testimony at the place and time fixed in the complaint. Inthe discretion of the member, agent, or agency conducting the hearing or the Board,any other person may be allowed to intervene in the said proceeding and to presenttestimony. Any such proceeding shall, so far as practicable, be conducted inaccordance with the rules of evidence applicable in the district courts of the UnitedStates under the rules of civil procedure for the district courts of the United States,adopted by the Supreme Court of the United States pursuant to section 2072 of title 28,United States Code [section 2072 of title 28].(c) [Reduction of testimony to writing; findings and orders of Board]The testimony taken by such member, agent, or agency, or the Board shallbe reduced to writing and filed with the Board. Thereafter, in itsdiscretion, the Board upon notice may take further testimony or hearargument. If upon the preponderance of the testimony taken the Boardshall be of the opinion that any person named in the complaint hasengaged in or is engaging in any such unfair labor practice, then the Board shall242