of the dispute. The petition may be withdrawn at any time before the Board issues its advisory opinion determining whether it would or would not assert jurisdiction on the basis of the facts before it.

§ 101.40 Proceedings following the filing of the petition.

(a) A copy of the petition is served upon all other parties and the appropriate regional director by the petitioner.

(b) Interested persons may request intervention by a written motion to the Board. Such intervention may be granted in the discretion of the Board.

(c) Parties other than the petitioner may reply to the petition in writing, admitting or denying any or all of the matters asserted therein.

(d) No briefs shall be filed except upon special permission of the Board.

(e) After review of the entire record, the Board issues an advisory opinion as to whether the facts presented would or would not cause it to assert jurisdiction over the case if the case had been originally filed before it. The Board will limit its advisory opinion to the jurisdictional issue confronting it, and will not presume to render an opinion on the merits of the case or on the question of whether the subject matter of the dispute is governed by The Labor Management Relations Act of 1947, as amended.

§ 101.41 Informal procedures for obtaining opinions on jurisdictional questions.

Although a formal petition is necessary to obtain an advisory opinion from the Board, other avenues are available to persons seeking informal and, in most cases, speedy opinions on jurisdictional issues. In discussion of jurisdiction questions informally with regional office personnel, information and advice concerning the Board's jurisdictional standards may be obtained. Such practices are not intended to be discouraged by the rules providing for formal advisory opinions by the Board, although the opinions expressed by such personnel are not to be regarded as binding upon the Board or the general counsel.

§ 101.42 Procedures for obtaining declaratory orders of the Board.

(a) When both an unfair labor practice charge and a representation petition are pending concurrently in a regional office, appeals from a regional director's dismissals thereof do not follow

the same course. Appeal from the dismissal of a charge must be made to the general counsel. while appeal from dismissal of a representation petition may be made to the Board. To obtain uniformity in disposing of such cases on jurisdictional grounds at the same stage of each proceeding, the general counsel may file a petition for a declaratory order of the Board. Such order is intended only to remove uncertainty with respect to the question of whether the Board would assert jurisdiction over the labor dispute.

(b) A petition to obtain a declaratory Board order may be filed only by the general counsel. It must be in writing and signed. It is filed with the executive secretary of the Board in Washington, D.C. No particular form is required, but the petition must be properly captioned and must contain the allegations required by § 102.106 of this chapter. None of the information sought relates to the merits of the dispute. The petition may be withdrawn any time before the Board issues its declaratory order deciding whether it would or would not assert jurisdiction over the cases.

§ 101.43 Proceedings following the filing of the petition.

(a) A copy of the petition is served upon all other parties.

(b) Interested persons may request intervention by a written motion to the Board. Such intervention may be granted in the discretion of the Board.

(c) All other parties may reply to the petition in writing.

(d) Briefs may be filed.

(e) After review of the record, the Board issues a declaratory order as to whether it will assert jurisdiction over the cases, but it will not render a decision on the merits at this stage of the

Terms defined in section 2 of the act.

Act; Board; Board agent.

General counsel.

Region; subregion.

Regional director; officer-in-charge;

102.36

102.37

102.38

102.39

COMPLAINT

102.40

102.41

102.42

102.43

refusal to issue or reissue.

102.44

Payment of witness fees and mileage; fees of persons taking depositions.

Transfer of charge and proceeding from region to region; consolidation of proceedings in same region; severance.

HEARINGS

Who shall conduct; to be public unless otherwise ordered.

Duties and powers of trial examin

Unavailability of trial examiners.
Disqualification of trial examiners.
Rights of parties.

Rules of evidence controlling so far
as practicable.

Stipulations of fact admissible.

Objection to conduct of hearing; how made; objections not waived by further participation.

Filing of briefs and proposed findings with the trial examiner and oral argument at the hearing. Continuance and adjournment. Misconduct at hearing before a trial examiner or the Board; refusal of witness to answer questions.

TRIAL EXAMINER'S DECISION AND TRANSFER OF CASE TO THE BOARD

Trial examiner's decision; contents: service; transfer of the case to the Board; contents of record in case.

Exceptions, cross-exceptions, briefs, answering briefs; time for filing; where to file; service on parties; extension of time; effect of failure to include matter in exceptions; oral arguments.

Filing of motion after transfer of case to Board.

PROCEDURE BEFORE THE BOARD

Action of Board upon expiration of time to file exceptions to trial examiner's decision; decisions by the Board; extraordinary postdecisional motions.

Modification or setting aside of order of Board before record filed in court; action thereafter. Hearings before Board or member thereof.

Settlement or adjustment of issues.

BACK-PAY PROCEEDINGS

Initiation of proceedings; issuance of back-pay specification; issuance of notice of hearing without back-pay specification.

Contents of back-pay specification and of notice of hearing without specification.

Answer to specification; no requirement for answer to notice of hearing issued without back-pay specification.

102.76 Petition; who may file; where to file:

102.115 Certification of papers and documents.

102.116 Signature of orders.

Subpart K-Records and Information 102.117 Board materials and formal documents available for public inspection and copying; requests for identifiable records; files and records not subject to inspection;

fees for copying and production. 102.118 Board employees prohibited from producing files, records, etc., pursuant to subpoena ad testificandum or subpoena duces tecum, prohibited from testifying in regard thereto; production of witnesses, statements after direct testimony.

Subpart L-Practice Before the Board of Former Employees 102.119 Prohibition of practice before Board of its former regional employees in cases pending in region during employment.

102.120 Same; application to former employees of Washington staff.

Subpart M-Construction of Rules 102.121 Rules to be liberally construed. Subpart N-Enforcement of Rights, Privileges, and Immunities Granted or Guaranteed Under Section 222(f), Communications Act of 1934, as Amended, to Employees of Merged Telegraph Carriers

Types of on-the-record proceedings; categories of Board agents; and duration of prohibition.

102.129 Communications prohibited. 102.130 Communications not prohibited. 102.131 Communications by Board agents. 102.132 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.

§ 102.1

Subpart A-Definitions

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.

§ 102.2 Act; Board; Board agent.

The term "act" as used herein shall mean the National Labor Relations Act, as amended. The term "Board" shall mean the National Labor Relations Board and shall include any group of three or more members designated pursuant to section 3(b) of the act. The term "Board agent" shall mean any member, agent, or agency of the Board, including its general counsel.

§ 102.3 General counsel.

The term "general counsel" as used herein shall mean the general counsel under section 3(d) of the act.

§ 102.4 Region; subregion.

The term "region" as used herein shall mean that part of the United States or any Territory thereof fixed by the Board as a particular region. The term "subregion" shall mean that area within a region fixed by the Board as a particular subregion.

[29 F.R. 15918, Nov. 28, 1964]

§ 102.5 Regional director; officer-incharge; regional attorney.

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 1

CHARGE

§ 102.9 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.

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.