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RULES AND REGULATIONS - National Labor Relations Board

RULES AND REGULATIONS - National Labor Relations Board

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102.33 R & RTRANSFER, CONSOLIDATION, <strong>AND</strong> SEVERANCESec. 102.33—Transfer of charge and proceeding from Region to Region; consolidationof proceedings in same Region; severance.—(a) Whenever the General Counsel deems itnecessary in order to effectuate the purposes of the Act or to avoid unnecessary costs ordelay, he may permit a charge to be filed with him in Washington, D.C., or may, at anytime after a charge has been filed with a Regional Director pursuant to section 102.10,order that such charge and any proceeding which may have been initiated with respectthereto:(1) Be transferred to and continued before him for the purpose of investigation orconsolidation with any other proceeding which may have been instituted in a regionaloffice or with him; or(2) Be consolidated with any other proceeding which may have been instituted in thesame Region; or(3) Be transferred to and continued in any other Region for the purpose of investigationor consolidation with any proceeding which may have been instituted in or transferred tosuch other Region; or(4) Be severed from any other proceeding with which it may have been consolidatedpursuant to this section.(b) The provisions of sections 102.9 to 102.32, inclusive, shall, insofar as applicable,govern proceedings before the General Counsel, pursuant to this section, and the powersgranted to Regional Directors in such provisions shall, for the purpose of this section, bereserved to and exercised by the General Counsel. After the transfer of any charge andany proceeding which may have been instituted with respect thereto from one Region toanother pursuant to this section, the provisions of this subpart shall, insofar as possible,govern such charge and such proceeding as if the charge had originally been filed in theRegion to which the transfer is made.(c) The Regional Director may, prior to hearing, exercise the powers in subsections (a)(2) and (4) of this section with respect to proceedings pending in his Region.(d) Motions to consolidate or sever proceedings after issuance of complaint shall befiled as provided in section 102.24 and ruled upon as provided in section 102.25, exceptthat the Regional Director may consolidate or sever proceedings prior to hearing upon hisown motion. Rulings by the administrative law judge upon motions to consolidate orsever may be appealed to the <strong>Board</strong> as provided in section 102.26.22

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