RULES AND REGULATIONS - National Labor Relations Board

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102.67 R & R(4) That there are compelling reasons for reconsideration of an important Board rule orpolicy.(d) Any request for review must be a self-contained document enabling the Board torule on the basis of its contents without the necessity of recourse to the record; however,the Board may, in its discretion, examine the record in evaluating the request. Withrespect to ground (2), and other grounds where appropriate, said request must contain asummary of all evidence or rulings bearing on the issues together with page citationsfrom the transcript and a summary of argument. But such request may not raise any issueor allege any facts not timely presented to the Regional Director.(e) Any party may, within 7 days after the last day on which the request for review mustbe filed, file with the Board a statement in opposition thereto, which shall be served inaccordance with the requirements of paragraph (k) of this section. A statement of suchservice of opposition shall be filed simultaneously with the Board. The Board may denythe request for review without awaiting a statement in opposition thereto.(f) The parties may, at any time, waive their right to request review. Failure to requestreview shall preclude such parties from relitigating, in any related subsequent unfair laborpractice proceeding, any issue which was, or could have been, raised in the representationproceeding. Denial of a request for review shall constitute an affirmance of the RegionalDirector’s action which shall also preclude relitigating any such issues in any relatedsubsequent unfair labor practice proceeding.(g) The granting of a request for review shall not stay the Regional Director’s decisionunless otherwise ordered by the Board. Except where the Board rules upon the issues onreview in the order granting review, the appellants and other parties may, within 14 daysafter issuance of an order granting review, file briefs with the Board. Such briefs may bereproductions of those previously filed with the Regional Director and/or other briefswhich shall be limited to the issues raised in the request for review. Where review hasbeen granted, the Board will consider the entire record in the light of the grounds reliedon for review. Any request for review may be withdrawn with the permission of theBoard at any time prior to the issuance of the decision of the Board thereon.(h) In any case in which it appears to the Regional Director that the proceeding raisesquestions which should be decided by the Board, he may, at any time, issue an order, tobe effective after the close of the hearing and before decision, transferring the case to theBoard for decision. Such an order may be served on the parties upon the record of thehearing.(i) If any case is transferred to the Board for decision after the parties have filed briefswith the Regional Director, the parties may, within such time after service of the ordertransferring the case as is fixed by the Regional Director, file with the Board the briefpreviously filed with the Regional Director. No further briefs shall be permitted except byspecial permission of the Board. If the case is transferred to the Board before the timeexpires for the filing of briefs with the Regional Director and before the parties have filedbriefs, such briefs shall be filed as set forth above and served in accordance with therequirements of subsection (k) of this section within the time set by the RegionalDirector. If the order transferring the case is served on the parties during the hearing, thehearing officer may, prior to the close of the hearing and for good cause, grant anextension of the time within which to file a brief with the Board for a period not toexceed an additional 14 days. No reply brief may be filed except upon special leave ofthe Board.44
R & R 102.68-102.69(j) Upon transfer of the case to the Board, the Board shall proceed, either forthwithupon the record, or after oral argument or the submission of briefs, or further hearing, asit may determine, to decide the issues referred to it or to review the decision of theRegional Director, and shall direct a secret ballot of the employees or the appropriateaction to be taken on impounded ballots of an election already conducted, dismiss thepetition, affirm or reverse the Regional Director’s order in whole or in part, or make suchother disposition of the matter as it deems appropriate.(k)(1) All documents filed with the Board under the provisions of this section shall befiled in eight copies, double spaced, on 8-1/2-by 11-inch paper, and shall be printed orotherwise legibly duplicated. Carbon copies of typewritten materials will not be accepted.Requests for review, including briefs in support thereof; statements in opposition thereto;and briefs on review shall not exceed 50 pages in length, exclusive of subject index andtable of cases and other authorities cited, unless permission to exceed that limit isobtained from the Board by motion, setting forth the reasons therefor, filed not less than 5days, including Saturdays, Sundays, and holidays, prior to the date the document is due.Where any brief filed pursuant to this section exceeds 20 pages, it shall contain a subjectindex with page references and an alphabetical table of cases and other authorities cited.(2) The party filing with the Board a request for review, a statement in opposition to arequest for review, or a brief on review shall serve a copy thereof on the other parties andshall file a copy with the Regional Director. A statement of such service shall be filedwith the Board together with the document.(3) Requests for extensions of time to file requests for review, statements in oppositionto a request for review, or briefs, as permitted by this section, shall be filed with theBoard or the Regional Director, as the case may be. The party filing the request for anextension of time shall serve a copy thereof on the other parties and, if filed with theBoard, on the Regional Director. A statement of such service shall be filed with thedocument.Sec. 102.68 Record; what constitutes; transmission to the Board.—The record in aproceeding conducted pursuant to the foregoing section shall consist of: the petition,notice of hearing with affidavit of service thereof, motions, rulings, orders, thestenographic report of the hearing and of any oral argument before the Regional Director,stipulations, exhibits, affidavits of service, and any briefs or other legal memorandasubmitted by the parties to the Regional Director or to the Board, and the decision of theRegional Director, if any. Immediately upon issuance by the Regional Director of anorder transferring the case to the Board, or upon issuance of an order granting a requestfor review by the Board, the Regional Director shall transmit the record to the Board.Sec. 102.69 Election procedure; tally of ballots; objections; certification by theRegional Director; report on challenged ballots; report on objections; exceptions; actionof the Board; hearing (a) Unless otherwise directed by the Board, all elections shall beconducted under the supervision of the Regional Director in whose Region theproceeding is pending. All elections shall be by secret ballot. Whenever two or morelabor organizations are included as choices in an election, either participant may, upon itsprompt request to and approval thereof by the Regional Director, whose decision shall befinal, have its name removed from the ballot: Provided, however, That in a proceedinginvolving an employer-filed petition or a petition for decertification the labororganization certified, currently recognized, or found to be seeking recognition may nothave its name removed from the ballot without giving timely notice in writing to all45
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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
Page 33 and 34: 101.26-101.27 S of PSubpart E—Ref
Page 35 and 36: 101.30 S of Pwill institute formal
Page 37 and 38: 101.34-101.36 S of Psupport of thei
Page 39 and 40: 101.39-101.41 S of PSubpart H—Adv
Page 41 and 42: R & RTABLE OF CONTENTSTABLE OF CONT
Page 43 and 44: R & RTABLE OF CONTENTSSectionExcept
Page 45 and 46: R & RTABLE OF CONTENTSSectionSubpar
Page 47 and 48: R & RTABLE OF CONTENTSSection102.13
Page 49 and 50: R & R 102.1-102.8NATIONAL LABOR REL
Page 51 and 52: R & R 102.9-102.13Subpart B—Proce
Page 53 and 54: R & R 102.15-102.19COMPLAINTSec. 10
Page 55 and 56: R & R 102.20-102.23ANSWERSec. 102.2
Page 57 and 58: R & R 102.25-102.28Sec. 102.25 Ruli
Page 59 and 60: R & R 102.30WITNESSES, DEPOSITIONS,
Page 61 and 62: R & R 102.32information from such i
Page 63 and 64: R & R 102.34-102.35HEARINGSSec. 102
Page 65 and 66: R & R 102.38-102.43chief judge in N
Page 67 and 68: R & R 102.45ADMINISTRATIVE LAW JUDG
Page 69 and 70: R & R 102.46(3) Requests for extens
Page 71 and 72: R & R 102.48-12050PROCEDURE BEFORE
Page 73 and 74: R & R 102.52-102.54COMPLIANCE PROCE
Page 75 and 76: R & R 102.57-102.59without taking e
Page 77 and 78: R & R 102.61(4) A description of th
Page 79 and 80: R & R 102.63by the Board, provided
Page 81 and 82: R & R 102.65and upon such terms as
Page 83: R & R 102.67of the record except up
Page 87 and 88: R & R 102.69election pursuant to pa
Page 89 and 90: R & R 102.69Director, or to append
Page 91 and 92: R & R 102.71(1) That a substantial
Page 93 and 94: R & R 102.77-102.80warranted, and t
Page 95 and 96: R & R 102.83-102.85Subpart E—Proc
Page 97 and 98: R & R 102.89-102.91Subpart F—Proc
Page 99 and 100: R & R 102.94-102.97Subpart G—Proc
Page 101 and 102: R & R 102.104-102.110determine whet
Page 103 and 104: R & R 102.111Subpart I—Service an
Page 105 and 106: Service of documents by a party on
Page 107 and 108: R & R 102.115-102.116Subpart J—Ce
Page 109 and 110: R & R 102.117(3) Copies of forms pr
Page 111 and 112: R & R 102.117of estimation (this es
Page 113 and 114: R & R 102.117adverse determination
Page 115 and 116: R & R 102.117not be limited to: Cer
Page 117 and 118: R & R 102.117writing or in person d
Page 119 and 120: R & R 102.117Agency. Proof of autho
Page 121 and 122: R & R 102.117enforcement personnel,
Page 123 and 124: R & R 102.117restrictions of this p
Page 125 and 126: 102.118 R & RPrivacy Act of 1974, 5
Page 127 and 128: 102.121 R & RSubpart M—Constructi
Page 129 and 130: 102.123-102.125 R & RSubpart O—Am
Page 131 and 132: 102.128-102.130 R & R(c) In a poste
Page 133 and 134: 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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NATIONAL LABOR RELATIONS BOARD3. Th
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NATIONAL LABOR RELATIONS BOARDto Bo
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NATIONAL LABOR RELATIONS BOARDOrgan
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NATIONAL LABOR RELATIONS BOARD 201.
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NATIONAL LABOR RELATIONS BOARD 203-
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NATIONAL LABOR RELATIONS BOARDAppen
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NATIONAL LABOR RELATIONS BOARDand i
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NATIONAL LABOR RELATIONS BOARDWythe
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NATIONAL LABOR RELATIONS BOARDDougl
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NATIONAL LABOR RELATIONS BOARDAlger
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NATIONAL LABOR RELATIONS BOARDCommo
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NATIONAL LABOR RELATIONS BOARDNew Y
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NATIONAL LABOR RELATIONS ACTAlso ci
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(6) The term “commerce” means t
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to exercise all of the powers of th
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(2) to dominate or interfere with t
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Provided, That nothing contained in
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(3) notifies the Federal Mediation
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such labor organization of opportun
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(3) No election shall be directed i
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state its findings of fact and shal
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as in the case of an application by
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INVESTIGATORY POWERSSec. 11. [§ 16
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(c) [Power of Board to decline juri
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LABOR MANAGEMENT RELATIONS ACTLABOR
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LABOR MANAGEMENT RELATIONS ACT(c) [
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LABOR MANAGEMENT RELATIONS ACTis cr
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LABOR MANAGEMENT RELATIONS ACT(c) [
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LABOR MANAGEMENT RELATIONS ACTConci
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LABOR MANAGEMENT RELATIONS ACTdeliv
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LABOR MANAGEMENT RELATIONS ACTto su
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LABOR MANAGEMENT RELATIONS ACTTITLE
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