Sec. Sec. 102.77 102.78 102.79 102.59 102.80 Hearing; posthearing procedure. Subpart C-Procedure Under Section 9(c) of the Act for the Determination of Questions Concerning Representation of Employees and for Clarification of Bargaining Units and for Amendment of Certifications Under Section 9(b) of the Act 102.81 102.82 Investigation of petition by regional director; directed election. Election procedure; method of conducting balloting; postballoting procedure. Consent-election agreements. Dismissal of petition; refusal to process petition under expedited procedure. Review by the general counsel of refusal to proceed on charge; resumption of proceedings upon charge held during pendency of petition; review by general counsel of refusal to proceed on related charge. Transfer, consolidation, and severance. Subpart E-Procedure for Referendum Under Section 9(e) of the Act 102.83 102.84 102.85 102.86 102.87 102.88 case to Introduction of evidence; rights of parties at hearing; subpenas. 102.67 Proceedings before the regional director; further hearing; briefs; action by the regional director; appeals from action by the regional director; statement in opposition to appeal; transfer of Board; proceedings before the Board; Board action. 102.68 Record; what constitutes; transmis sion to Board. Petition for referendum under section 9(e) (1) of the act; who may file; where to file; withdrawal. Contents of petition to rescind authority. Investigation of petition by regional director; consent referendum; directed referendum. Hearing; posthearing procedure. Method of conducting balloting; postballoting procedure. Refusal to conduct referendum; appeal to Board. Subpart F-Procedure To Hear and Determine Disputes Under Section 10(k) of the Act Initiation of proceedings. 102.89 102.90 Notice of filing of charge; notice of hearing; hearing; proceedings before the Board; briefs; determination of dispute. Compliance with determination; further proceedings. Review of determination. Alternative procedure. Subpart G-Procedure in Cases Under Section 10(1), (1), and (m) of the Act 102.94 102.95 102.96 102.97 Expeditious processing of section 10(1) cases. Priority of cases pursuant to section 10 (1) and (m) of the Act. Issuance of complaint promptly. Expeditious processing of section 10 (1) and (m) cases in successive stages. Subpart H-Declaratory Orders and Advisory Opinions Regarding Board Jurisdiction 102.98 Petition for advisory opinion; who may file; where to file. Contents of petition for an advisory opinion. 102.99 102.100 Notice of petition; petition. service of 102.101 Response to petition; service of response. 102.102 Intervention. 102.126 Unauthorized communications. 102.127 Definitions. 102.128 102.104 briefs; advisory opinions. Withdrawal of petition. 102.129 102.130 102.131 102.132 Types of on-the-record proceedings; categories of Board agents; and duration of prohibition. Communications prohibited. Communications not prohibited. Communications by Board agents. Solicitation of prohibited communications. 102.133 Receipt of prohibited communications; reporting requirements. 102.134 Penalties and enforcement. AUTHORITY: The provisions of this Part 102 issued under 49 Stat. 449, 73 Stat. 519; 29 U.S.C. 151-168, 401 note. SOURCE: The provisions of this Part 102 appear at 24 F.R. 9102, Nov. 7, 1959, unless otherwise noted. Subpart A-Definitions § 102.1 Terms defined in section 2 of the act. The terms "person," "employer," "employee," "representative," "labor organization," "commerce," "affecting commerce," and "unfair labor practice," as used herein, shall have the meanings set forth in section 2 of the National Labor Relations Act, as amended by title I of the Labor Management Relations Act, 1947. The term "regional director" as used herein shall mean the agent designated by the Board as the regional director for a particular region, and shall also include any agent designated by the Board as officer-in-charge of a subregional office, but the officer-in-charge shall have only such powers, duties, and functions appertaining to regional directors as shall have been duly delegated to such officerin-charge. The term "regional attorney" as used herein shall mean the attorney designated as regional attorney for a particular region. [29 F.R. 15919, Nov. 28, 1964] § 102.6 Trial examiner; hearing officer. The term "trial examiner" as used herein shall mean the agent of the Board conducting the hearing in an unfair labor practice or Telegraph Merger Act proceeding. The term "hearing officer" as used herein shall mean the agent of the Board conducting the hearing in a proceeding under section 9 or in a dispute proceeding under section 10(k) of the act. The term "party" as used herein shall mean the regional director in whose region the proceeding is pending and any person named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any Board proceeding, including, without limitation, any person filing a charge or petition under the act, any person named as respondent, as employer, or as party to a contract in any proceeding under the act, and any labor organization alleged to be dominated, assisted, or supported in violation of section 8(a) (1) or 8(a) (2) of the act; but nothing herein shall be construed to prevent the Board or its designated agent from limiting any party to participate in the proceedings to the extent of his interest only. Subpart B-Procedure Under Section 10 (a) to (i) of the Act for the Prevention of Unfair Labor Practices § 102.9 CHARGE 1 Who may file; withdrawal and dismissal. A charge that any person has engaged in or is engaging in any unfair labor practice affecting commerce may be made by any person. Any such charge may be withdrawn, prior to the hearing, only with the consent of the regional director with whom such charge was filed; at the hearing and until the case has been transferred to the Board pursuant to § 102.45, upon motion, with the consent of the trial examiner designated to conduct the hearing; and after the case has been transferred to the Board pursuant to § 102.45, upon motion, with the consent of the Board. Upon withdrawal of any charge, any complaint based thereon shall be dismissed by the regional director issuing the complaint, the trial examiner designated to conduct the hearing, or the Board. § 102.10 Where to file. Except as provided in § 102.33 such charge shall be filed with the regional director for the region in which the alleged unfair labor practice has occurred or is occurring. A charge alleging that an unfair labor practice has occurred or is occurring in two or more regions may be filed with the regional director for any of such regions. § 102.11 Forms; jurat ; or declaration. Such charge shall be in writing and signed, and either shall be sworn to before a notary public, Board agent, or other person duly authorized by law to administer oaths and take acknowledgments or shall contain a declaration by the person signing it, under the penalties of the Criminal Code, that its contents are true and correct to the best of his knowledge and belief. Three additional copies of such charge shall be filed together with one additional copy for each named party respondent.' 1 Procedure under sec. 10 (1) to (1) of the act is governed by Subparts F and G of this part. Procedure for unfair labor practice cases and representation cases under sec. 8(b) (7) of the act is governed by Subpart D of this part. * A blank form for making a charge will be supplied by the regional director upon request. Such charge shall contain the following: (a) The full name and address of the person making the charge. (b) If the charge is filed by a labor organization, the full name and address of any national or international labor organization of which it is an affiliate or constituent unit. (c) The full name and address of the person against whom the charge is made (hereinafter referred to as the "respondent"). (d) A clear and concise statement of the facts constituting the alleged unfair labor practices affecting commerce. § 102.13 [Reserved] § 102.14 Service of charge. Upon the filing of a charge, the charging party shall be responsible for the timely and proper service of a copy thereof upon the person against whom such charge is made. The regional director will, as a matter of course, cause a copy of such charge to be served upon the person against whom the charge is made, but he shall not be deemed to assume responsibility for such service. COMPLAINT § 102.15 When and by whom issued; contents; service. After a charge has been filed, if it appears to the regional director that formal proceedings in respect thereto should be instituted, he shall issue and cause to be served upon all the other parties a formal complaint in the name of the Board stating the unfair labor practices and containing a notice of hearing before a trial examiner at a place therein fixed and at a time not less than 10 days after the service of the complaint. The complaint shall contain (a) a clear and concise statement of the facts upon which assertion of jurisdiction by the Board is predicated, and (b) a clear and concise description of the acts which are claimed to constitute unfair labor practices, including, where known, the approximate dates and places of such acts and the names of respondent's agents or other representatives by whom committed. [28 F.R. 7972, Aug. 6, 1963] § 102.16 Hearing; extension. Upon his own motion or upon proper cause shown by any other party, the regional director issuing the complaint may extend the date of such hearing. § 102.17 Amendment. Any such complaint may be amended upon such terms as may be deemed just, prior to the hearing, by the regional director issuing the complaint; at the hearing and until the case has been transferred to the Board pursuant to § 102.45, upon motion, by the trial examiner designated to conduct the hearing; and after the case has been transferred to the Board pursuant to § 102.45, at any time prior to the issuance of an order based thereon, upon motion, by the Board. Any such complaint may be withdrawn before the hearing by the regional director on his own motion. § 102.19 Appeal to the general counsel from refusal to issue or reissue. (a) If, after the charge has been filed,. the regional director declines to issue a complaint, or having withdrawn a complaint pursuant to section 102.18, refuses to reissue it, he shall so advise the parties in writing, accompanied by a simple statement of the procedural or other grounds for his action. The person making the charge may obtain a review of such action by filing an appeal with the general counsel in Washington, D.C., and filing a copy of the appeal with the regional director, within 10 days from the service of the notice of such refusal to issue or reissue by the regional director, except as a shorter period is provided by § 102.81. If an appeal is taken the person doing so should notify all other parties of his action, but any failure to give such notice shall not affect the validity of the appeal. The appeal shall contain a complete statement setting forth the facts and reasons upon which it is based. A request for extension of time to file an appeal shall be in writing and be received by the general counsel, and a copy of such request filed with the regional director, prior to the expiration of the filing period. Copies of the acknowledgement of the filing of an appeal and of any ruling on a request for an extension of time for the filing of an appeal shall be served on all parties. Consideration of an appeal untimely filed is within the discretion of the general counsel upon good cause shown. (b) Oral presentation in Washington, D.C., of the appeal issues may be permitted a party on written request made within 4 days after service of acknowledgment of the filing of an appeal. In the event such request is granted, the other parties shall be notified and afforded, without additional request, a like opportunity at another appropriate time. (c) The general counsel may sustain the regional director's refusal to issue or reissue a complaint, stating the grounds of his affirmance, or may direct the regional director to take further action; the general counsel's decision shall be served on all the parties. A motion for reconsideration of the decision must be filed within 10 days of service of the decision, except as hereinafter provided, and shall state with particularity the error requiring reconsideration. A motion for reconsideration based upon newly discovered evidence which has become available only since the decision on appeal shall be filed promptly on discovery of such evidence. [32 F.R. 9548, July 1, 1967, as amended at 35 F.R. 10657, July 1, 1970] § 102.20 ANSWER Answer to complaint; time for filing; contents; allegations not denied deemed admitted. The respondent shall, within 10 days from the service of the complaint, file an answer thereto. The respondent shall specifically admit, deny, or explain each of the facts alleged in the complaint, unless the respondent is without knowledge, in which case the respondent shall so state, such statement operating as a denial. All allegations in the complaint, if no answer is filed, or any allegation in the complaint not specifically denied or explained in an answer filed, unless the respondent shall state in the answer that he is without knowledge, shall be deemed to be admitted to be true and shall be so found by the Board, unless good cause to the contrary is shown. § 102.21 Where to file; service upon the parties; form. An original and four copies of the answer shall be filed with the regional director issuing the complaint. Immediately upon the filing of his answer, respondent shall serve a copy thereof on each of the other parties. An answer of a party represented by counsel shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his answer and state his address. Except when otherwise specifically provided by rule or statute, an answer need not be verified or accompanied by affidavit. The signature of an attorney constitutes a certificate by him that he has read the answer; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. If an answer is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false and the action may proceed as though the answer had not been served. For a willful violation of this rule an attorney may be subjected to appropriate disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted. § 102.22 Extension of time for filing. Upon his own motion or upon proper cause shown by any other party the regional director issuing the complaint may by written order extend the time within which the answer shall be filed. § 102.23 Amendment. The respondent may amend his answer at any time prior to the hearing. During the hearing or subsequent thereto, he may amend his answer in any case where the complaint has been amended, within such period as may be fixed by the trial examiner or the Board. Whether or not the complaint has been amended, the answer may, in the discretion of the trial examiner or the Board, upon motion, be amended upon such terms and within such periods as may be fixed by the trial examiner or the Board. MOTIONS § 102.24 Motions; where to file prior to hearing and during hearing; contents; service on other parties. All motions made prior to the hearing shall be filed in writing with the regional director issuing the complaint, and shall briefly state the order or relief applied for and the grounds for such motion. The moving party shall file an original and four copies of all such motions and immediately serve a copy thereof upon each of the other parties. All motions made at the hearing shall be made in writing to the trial examiner or stated orally on the record. § 102.25 Ruling on motions; where to file motions after hearing and before transfer of case to Board. The trial examiner designated to conduct the hearing shall rule upon all motions (except as provided in §§ 102.16, 102.22, 102.29, and 102.47). The trial examiner may, before the hearing, rule |