RULES AND REGULATIONS - National Labor Relations Board

TABLE OF CONTENTSR & RSection102.61102.62102.63102.64102.65102.66102.67102.68102.69102.70102.71102.72Page(b) Petition for clarification of bargaining unit or petition for amendment of certificationunder section 9(b) of the Act; who may file; where to file;withdrawal …………………………………………………………………………………..…………… 36Contents of petition for certification; contents of petition for decertification; contents of petition forclarification of bargaining unit; contents of petition for amendment of certification …………………..…. 36Consent-election agreements ………….…………………………………………………………………….. 38Investigation of petition by Regional Director; notice of hearing; service of notice;withdrawal of notice …..……………..………………………………….…………………………………. 39Conduct of hearing …………………………………………………………………………………………... 39Motions; interventions …………….……………………………………………………..……………….…. 40Introduction of evidence; rights of parties at hearing; subpoenas ……….………………………………….. 40Proceedings before the Regional Director; further hearing; briefs; action by the RegionalDirector; appeals from action by the Regional Director; statement in opposition to appeal; transferof case to the Board; proceedings before the Board; Board action………………………………………… 42Record; what constitutes; transmission to Board ……………………………………………………………Election procedure; tally of ballots; objections; certification by the Regional Director; report onchallenged ballots; report on objections; exceptions; action of the Board; hearing………………………...45Runoff election ………………………………………………………………………………………………. 49Dismissal of petition; refusal to proceed with petition; requests for review by Board ofaction of the Regional Director ……………………………………………………………………………. 50Filing petition with General Counsel; investigation upon motion of General Counsel; Transfer ofpetition and proceeding from Region to General Counsel or to another Region;consolidation of proceedings in same Region; severance; procedure beforeGeneral Counsel in cases over which he has assumedjurisdiction ……..…………………………………………………………………………………………..4551Subpart D—Procedure for Unfair Labor Practice andRepresentation Cases Under Sections 8(b)(7) and 9(c) ofthe Act102.73102.74102.75102.76102.77102.78102.79102.80102.81102.82Initiation of proceedings ……………………………………………………………………………………... 52Complaint and formal proceedings ………………………………………………………………………….. 52Suspension of proceedings on the charge where timely petition is filed ……………………………………. 52Petition; who may file; where to file; contents ……………………………………………………………… 52Investigation of petition by Regional Director; directed election …………………………………………… 52Election procedure; method of conducting balloting; postballoting procedure ……..……………………… 53Consent-election agreements ……………………………………………………………..………………… 53Dismissal of petition; refusal to process petition under expedited procedure ………………………………. 54Review by the General Counsel of refusal to proceed on charge; resumption of proceedings uponcharge held during pendency of petition; review by General Counsel of refusal to proceed onrelated charge ……………………………………………………………………………………………… 54Transfer, consolidation, and severance ……………………………………………………………………… 544