January 2011 - National Labor Relations Board

11710 DECLARATORY ORDERS11709.1 Regional Office ActionUpon the filing of a petition for an advisory opinion, a review of the petition andthe Regional Office case files should be undertaken. If the Regional Director is inpossession of facts bearing on the jurisdictional issues before the Board secured duringthe investigation of a prior or current C or R case and believes such facts would assist theBoard in rendering its advisory opinion, the Regional Director should move to intervenein the advisory opinion proceeding. After conducting any additional investigation intojurisdiction, the Regional Director should submit to the Board the jurisdictional factscontained in the investigatory files with such motion. If the case is closed, however, nofurther investigation should be conducted unless the Board so requests.In this regard, the Regional Director should:In accord with Sec. 102.113, Rules and Regulations, serve copies of theRegional Director’s motion to intervene and a statement of jurisdictionalfacts on the State court or agency and the parties to the State proceedingsAdvise the parties so served that pursuant to Sec. 102.101, Rules andRegulations, they have 14 days after service thereof within which to makea response.11710 Declaratory OrdersThe procedures for the filing of a petition for a declaratory order on a question ofBoard jurisdiction by the General Counsel are set forth fully in Secs. 102.105 through102.110, Rules and Regulations and Secs. 101.42 through 101.43, Statements ofProcedure. Such a petition may be filed when both an unfair labor practice charge and arepresentation case relating to the same employer are contemporaneously on file in aRegional Office; there is doubt whether the Board would assert jurisdiction over theemployer involved; and there is no dispute as to the facts concerning commerce. See,e.g., Latin Business Assn., 322 NLRB 1026 (1997).If the Regional Director determines that a declaratory order should be sought, aproposed petition containing the facts and pleadings required by Sec. 102.106, Rules andRegulations should be submitted to the Division of Operations-Management with atransmittal memorandum setting forth the Regional Office’s recommendations. Eightcopies of the petition, plus additional copies for service on all parties, and an affidavit ofservice, original and two copies, containing the names and addresses of all partiesinvolved in the unfair labor practice and representation cases, should also be submitted.If the petition is deemed appropriate, the General Counsel will sign it, file it withthe Executive Secretary of the Board, serve a copy of the petition on each of the partiesinvolved, complete the affidavit of service and notify the Regional Office by means of aconformed copy of the affidavit of service.Revised 01/11