RULES AND REGULATIONS - National Labor Relations Board

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ference and collective bargaining between employers and the representatives of theiremployees;(b) the settlement of issues between employers and employees through collectivebargaining may by advanced by making available full and adequate governmentalfacilities for conciliation, mediation, and voluntary arbitration to aid and encourageemployers and the representatives of their employees to reach and maintainagreements concerning rates of pay, hours, and working conditions, and to make allreasonable efforts to settle their differences by mutual agreement reached throughconferences and collective bargaining or by such methods as may be provided for inany applicable agreement for the settlement of disputes; and(c) certain controversies which arise between parties to collective bargainingagreements may be avoided or minimized by making available full and adequategovernmental facilities for furnishing assistance to employers and the representativesof their employees in formulating for inclusion within such agreements provision foradequate notice of any proposed changes in the terms of such agreements, for thefinal adjustment of grievances or questions regarding the application or interpretationof such agreements, and other provisions designed to prevent the subsequent arisingof such controversies.Sec. 202. [§ 172. Federal Mediation and Conciliation Service](a) [Creation; appointment of Director] There is created an independent agencyto be known as the Federal Mediation and Conciliation Service (herein referred to asthe “Service,” except that for sixty days after June 23, 1947, such term shall refer tothe Conciliation Service of the Department of Labor). The Service shall be under thedirection of a Federal Mediation and Conciliation Director (hereinafter referred to asthe “Director”), who shall be appointed by the President by and with the advice andconsent of the Senate. The Director shall not engage in any other business, vocation,or employment.(b) [Appointment of officers and employees; expenditures for supplies,facilities, and services] The Director is authorized, subject to the civil service laws,to appoint such clerical and other personnel as may be necessary for the execution ofthe functions of the Service, and shall fix their compensation in accordance withsections 5101 to 5115 and sections 5331 to 5338 of title 5, United States Code[chapter 51 and subchapter III of chapter 53 of title 5], and may, without regard to theprovisions of the civil service laws, appoint such conciliators and mediators as may benecessary to carry out the functions of the Service. The Director is authorized to makesuch expenditures for supplies, facilities, and services as he deems necessary. Suchexpenditures shall be allowed and paid upon presentation of itemized voucherstherefor approved by the Director or by any employee designated by him for thatpurpose.249 250
LABOR MANAGEMENT RELATIONS ACT(c) [Principal and regional offices; delegation of authority by Director; annualreport to Congress] The principal office of the Service shall be in the District ofColumbia, but the Director may establish regional ofiices convenient to localities inwhich labor controversies are likely to arise. The Director may by order, subject torevocation at any time, delegate any authority and discretion conferred upon him bythis Act [chapter] to any regional director, or other officer or employee of the Service.The Director may establish suitable procedures for cooperation with State and localmediation agencies. The Director shall make an annual report in writing to Congressat the end of the fiscal year.(d) [Transfer of all mediation and conciliation services to Service; effectivedate; pending proceedings unaffected] All mediation and conciliation functions ofthe Secretary of Labor or the United States Conciliation Service under section 51[repealed] of title 29, United States Code [this title], and all functions of the UnitedStates Conciliation Service under any other law are transferred to the FederalMediation and Conciliation Service, together with the personnel and records of theUnited States Conciliation Service. Such transfer shall take effect upon the sixtiethday after June 23, 1947. Such transfer shall not affect any proceedings pending beforethe United States Conciliation Service or any certification, order, rule, or regulationtheretofore made by it or by the Secretary of Labor. The Director and the Serviceshall not be subject in any way to the jurisdiction or authority of the Secretary ofLabor or any official or division of the Department of Labor.FUNCTIONS OF THE SERVICESec. 203. [§ 173. Functions of Service] (a) [Settlement of disputes throughconciliation and mediation] It shall be the duty of the Service, in order to prevent orminimize interruptions of the free flow of commerce growing out of labor disputes, toassist parties to labor disputes in industries affecting commerce to settle such disputesthrough conciliation and mediation.(b) [Intervention on motion of Service or request of parties; avoidance ofmediation of minor disputes] The Service may proffer its services in any labordispute in any industry affecting commerce, either upon its own motion or upon therequest of one or more of the parties to the dispute, whenever in its judgment suchdispute threatens to cause a substantial interruption of commerce. The Director andthe Service are directed to avoid attempting to mediate disputes which would haveonly a minor effect on interstate commerce if State or other conciliation services areavailable to the parties. Whenever the Service does proffer its services in any dispute,it shall be the duty of the Service promptly to put itself in communication with theparties and to use its best efforts, by mediation and conciliation, to bring them toagreement.251
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R&RNATIONAL LABOR RELATIONS BOARD
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R&RMay 2, 1974February 10, 1975Febr
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R&ROctober 28, 1991November 8, 1991
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R&RJuly 16, 2007 72 FR 38778§102.1
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117
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TABLE OF CONTENTSS of P101.29 Proce
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101.2-101.4 S of PSubpart B—Unfai
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101.8-101.9 S of Pnovel and complex
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101.10-101.11 S of Pfor the General
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101.13-101.16 S of Pthe closing of
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101.17 S of PSubpart C—Representa
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101.18-101.19 S of Pdismissal by fi
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101.19-101.21 S of PD.C. The record
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101.21 S of P(d) The parties have t
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101.23 S of Punless otherwise order
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101.26-101.27 S of PSubpart E—Ref
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101.30 S of Pwill institute formal
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101.34-101.36 S of Psupport of thei
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101.39-101.41 S of PSubpart H—Adv
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R & RTABLE OF CONTENTSTABLE OF CONT
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R & RTABLE OF CONTENTSSectionExcept
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R & RTABLE OF CONTENTSSectionSubpar
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R & RTABLE OF CONTENTSSection102.13
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R & R 102.1-102.8NATIONAL LABOR REL
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R & R 102.9-102.13Subpart B—Proce
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R & R 102.15-102.19COMPLAINTSec. 10
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R & R 102.20-102.23ANSWERSec. 102.2
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R & R 102.25-102.28Sec. 102.25 Ruli
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R & R 102.30WITNESSES, DEPOSITIONS,
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R & R 102.32information from such i
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R & R 102.34-102.35HEARINGSSec. 102
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R & R 102.38-102.43chief judge in N
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R & R 102.45ADMINISTRATIVE LAW JUDG
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R & R 102.46(3) Requests for extens
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R & R 102.48-12050PROCEDURE BEFORE
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R & R 102.52-102.54COMPLIANCE PROCE
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R & R 102.57-102.59without taking e
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R & R 102.61(4) A description of th
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R & R 102.63by the Board, provided
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R & R 102.65and upon such terms as
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R & R 102.67of the record except up
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R & R 102.68-102.69(j) Upon transfe
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R & R 102.69election pursuant to pa
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R & R 102.69Director, or to append
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R & R 102.71(1) That a substantial
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R & R 102.77-102.80warranted, and t
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R & R 102.83-102.85Subpart E—Proc
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R & R 102.89-102.91Subpart F—Proc
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R & R 102.94-102.97Subpart G—Proc
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R & R 102.104-102.110determine whet
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R & R 102.111Subpart I—Service an
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Service of documents by a party on
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R & R 102.115-102.116Subpart J—Ce
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R & R 102.117(3) Copies of forms pr
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R & R 102.117of estimation (this es
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R & R 102.117adverse determination
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R & R 102.117not be limited to: Cer
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R & R 102.117writing or in person d
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R & R 102.117Agency. Proof of autho
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R & R 102.117enforcement personnel,
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R & R 102.117restrictions of this p
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102.118 R & RPrivacy Act of 1974, 5
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102.121 R & RSubpart M—Constructi
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102.123-102.125 R & RSubpart O—Am
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102.128-102.130 R & R(c) In a poste
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102.133 R & Ror knowingly causes a
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102.136 R & RSubpart R—Advisory C
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102.141 R & Rtaken with respect to
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102.143 R & RSubpart T—Awards of
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102.147 R & R(b) The application sh
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102.150-102.152 R & Rdocument. Noti
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102.156-102.158 R & RSubpart U--Deb
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R & R 102.161Sec. 102.161 Notificat
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102.168-102.170 R & RSubpart V--Deb
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102.175-102.177 R & Rwill consider
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102.177 R & Rmitigation; and an exp
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R & R27—Denver...................
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103.1 ORNATIONAL LABOR RELATIONS BO
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103.1-103.2 ORconsidering all the v
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103.3 ORjurisdiction over the horse
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103.20 ORSubpart B—Election Proce
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103.20 ORholidays. As noted above,
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103.30 ORSubpart C—Appropriate Ba
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103.100 ORSubpart F—Remedial Orde
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TOPICAL INDEXSectionPageWho may fil
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TOPICAL INDEXSectionPageFees and ex
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TOPICAL INDEXSectionPageFiling of .
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TOPICAL INDEXSectionPageWhere to fi
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TOPICAL INDEXSectionPageDetermined
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TOPICAL INDEXSectionPageDisposition
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TOPICAL INDEXSectionPageDeterminati
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TOPICAL INDEXSectionPageClarificati
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TOPICAL INDEXSectionPagePriority of
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TOPICAL INDEXSectionPageWithdrawal
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TOPICAL INDEXSectionPageCertificati
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TOPICAL INDEXSectionPageDocuments e
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TOPICAL INDEXSectionPagerefusal to
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TOPICAL INDEXSectionPageReview by G
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NATIONAL LABOR RELATIONS BOARDthan
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NATIONAL LABOR RELATIONS BOARDfull
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NATIONAL LABOR RELATIONS BOARDVIII.
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NATIONAL LABOR RELATIONS BOARDon be
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Page 235 and 236: NATIONAL LABOR RELATIONS ACTAlso ci
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