title 29.-labor, appendix
TRANSCRIPT
TITLE 29.-LABOR, APPENDIX
RULES AND REGULATIONS INCLUDEDPage
Natioikal Labor Relations Act ...................Fair Labor Standards Act ......................
Rules and Regulations, Series 4, Implementing NationalLabor Relations Act, Effective September 11, 1946
SubpartA. Definitions.B. Procedure under section 10 of the Act for the pre-
vention of unfair labor practices.C. Procedure under section 9 (c) of the Act for the in-
vestigation and certification of representatives.D. Designation of Regional Directors, examiners, and
attorneys as agents of the Board.E. Service of papers.V. Certification and signature of documents.0. Records and information.H. Practice before the Board of former employees.I. Construction of rules.J. Enforcement of rights, privileges, and immunities
granted or guaranteed under section 222 (f), Com-munications Act of 1934, as amended, to employeesof merged telegraph carriers.
K. Amendments.
4r ,neral Rules and Regulations
By virtue of the authority vested in it by the Na-tional Labor Relations Act, 49 Stat., 449, 452, ap-proved July 5, 1935, the National Labor RelationsBoard hereby issues the following Rules and Regu-lations-Series 4-(General Rules and Regulations),which it finds necessary to carry out the provisionsof said Act. Said Rules and Regulations--Series 4-shall become effective upon the signature of the'original by the members of the Board and uponthe publicatiol thereof in the Federal Register, andshall supersede the Rules and Regulations--Series3-as amended (General Rule., and Regulations)signed by the Board on DecembtL. 15, 1944, and allamendments to said Series 3, as amended, subse-quently signed by the Board. Said Series 3, asamended, and all subsequent amendments thereto,are hereby rescinded. These Rules and Regula-tions-Seres 4-(General Rules and Regulations)shall be in force and effect until amended or rescindedby Rules and Regulations hereafter made and pub-lIfshed by the Board.
Signed at Washington, D. C., this 28th day ofAugust, 1940.
National Labor Relations Act, 29 U. S. C. §§ 151-166
Sec.203.1203.2203.3203.4203.5203.6
Subpart A. DEFINITIONS
Terms defined in section 2 of the Act.Act, Board.Region.Regional Director.Trial Examiner.U;tate.
29 Code of Federal Regulations, ch. 2, pt. 203, subpt. A,1040 Supp.
Page 3405
§ 203.1. Terms defined in Section 2 of the Act.'The terms "person." "employer," "employee,"
"representatives," "labor organization," "commerce,""affecting commerce," and "unfair labor practice,"as used herein, shall have the meanings set forthin Section 2 of the National Labor RelationsAct, * * 0.
§ 20..2. Act, Board.The term "Act" as used herein shall mean the
National Labor Relations Act,' and the term "Board"shall mean the National Labor Relations Board.
§ 203.3. Region.The term "Region" as used herein shall mean that
part of the United States or any Territory thereoffixed by the Board as a particular Region.
§ 203.4. Regional Director.The term "Regional Director" as used herein shall
mean the agent designated by the Board as RegionalDirector for a particular Region.
6 203.5. Trial Examiner.The term "Trial Examiner" as used herein shall
mean the agent of the Board conducting the hearingin an unfair labor practice or Telegraph Merg&"r Act'proceeding.
§ 203.6. State.The term "State" as used herein shall include all
States, Territories, and possessions of the UnitedStates and the District of Columbia.
Subpart B. PROCEDURE UNDER SECTION 10 OFTHlE ACT FOR THE PREVENTION OF UNFAIRLABOR PRACTICES
CHARGESec.203.7. Who may file; withdrawal and dismissal.203.8. Where to file.203.9. Form; jurat.203.10. Contents.
COMPLAINT203.11. When and by whom issued; contents; service.203.12. Hearing; extension.203.13. Amendment.203.14. Withdrawal.203.15. Review by the Board of refusal to issue.
ANSWER
203.10. Answer to complaint; time for filing; contents;allegations not denied deemed admitted.
203.17. Where to file; form; jurat; service upon otherparties.
203.18. Extension of time for filing.20.3.19. Amendment.
129 U. S. C. 1 152.229 U. S. C. §§ 151-166.
47 U. S. C. § 222.
TITLE 29.-LABOR, APPENDIX
MOTIONSSec.203.20. Motions; where to file prior to hearing and during
hearing; contents; service on other parties.203.21. Rulings on motions; where to file motions after
hearing and before transfer of case to Board.
203.22. Motions; rulings and orders part of record; rulingsnot to be appealed directly to Board withoutspecial permission.
203.23. Review of granting of motion to dismiss entirecomplaint; reopening of record.
203.24. Filing of answer or other participation in proceed-ing not a waiver of rights.
INTERVENTION
203.25. Intervention; requisites; rulings on motions tointervene.
WITNESSES, DEPOSITIONS, AND SU13PENAS
203.20. Examination of witnesses; depositions.203.27. Issuance of subpenas; requisites of application
for.203.28. Payment of witness fees and mileage; fees of
persons taking depositions.
HEARING
203.29. Who shall conduct; to be public unless otherwiseordered.
203 30. Duty of Trial Examiner; powers of Board counseland Trial Examiner.
203.31. Rights of parties.203.32. Rules of evidence not controlling.203.33. Stipulations of fact admissible.203.34. Objection to conduct of hearing; how made; ob-
jections not waived by further participation.203.35. Filing of briefs and proposed findings with the
Trial Examiner and oral argument at thehearing.
203.36. Continuance and adjournment.203.37. Contemptuous conduct; refusal of witness to an-
swer questions.
INTERMEDIATE REPORT AND TRANSFER OF CASETO THE BOARD
203.38. Intermediate Report; contents; service; transfer ofcase to the Board; contents of record in case.
EXCEPTIONS TO THE RECORD AND PROCEEDING
203.39. Exceptions or supporting briefs; time for filing;where to file; service on parties; extension oftime; effect of failure to Include matter Inexceptions.
203.40. Filing of motion after transfer of case to Board.
PROCEDURE BEFORE THE BOARD
203.41. Action of Board upon expiration of time to fileExceptions to Intermediate Report; oral argu-ments before and filing of briefs with Board;action of Board where Trial Examiner finds nounfair labor practices and no Exceptions filed;reopening of record.
203.42. Proceedings before Board; filing charges withBoard; transfer of charge and proceeding fromRegion to Board or to another Region; consoli-dation of proceedings in same Region; severance.
203.43. Procedure before Board in cases over which it hasassumed jurisdiction.
203.44. Modification or setting aside of order of Boardbefore record filed in court; action thereafter.
203.45. Settlement or adjustment of issues.
29 Code of Federal Regulations, ch. 2, pt. 203, subpt. B,
1016 Supp.
CHARGE
§ 203.7. Who may file; withdrawal and dismissal.
A charge that any person has engaged in or isengaging in any unfair labor practice affecting com-
merce may be made by any person or labor organ-
ization. A charge may be withdrawn only with theconsent of the Regional Director with whom suchcharge was filed or of the Board. Upon withdrawalof any charge, any complaint based thereon shallbe dismissed by the Regional Director issuing thecomplaint, by the Trial Examiner designated toconduct the hearing, or by the Board.
§ 203.8. Where to file.Except as provided in Section 203.42, such charge
shall be filed with the Regional Director for theRegion in which the alleged unfair labor practicehas occurred or is occurring. A charge alleging thatan unfair labor practice has occurred or is occurringin two or more Regions may bp filed with the Re-gional Director for any of such Regions.
§ 203.9. Form; juratSuch charge shail be in writing, the original being
signed and sworn to before any notary public, theBoard agent, or other person duly authorized bylaw to administer oaths and take acknowledgments.Three additional copies of such charge shall be filed.1
§ 203.10. Contents.
Such charge shall contain the following:(a) The full name and address of the person or
labor organization making the chrge.(b) The full name and address of the person
against whom the charge is made (hereinafter re-ferred to as the "respondent").
(c) A clear and concise statement of the factsconstituting the alleged unfair labor practices af-fecting commerce.
COMPLAINT
§ 203.11. Whon and by whom issued; contents; service.
After a charge has been filed, if it appears to theRegional Director that formal proceedings in respectthereto should be instituted, he shall issue and causeto be served upon the respondent and the person orlabor organization making the charge (hereinafterreferred to as the "parties") a formal complaint inthe name of the Board stating the charges and con-taining a Notice of Hearing before a Trial Examinerat a place therein fixed and at a time not less thanten days after the service of the complaint.
Whenever the complaint contains allegations un-der Section 8 (2) of the Act,' any labor organizationreferred to in such allegations shall be duly servedwith a copy of the complaint and Notice of Hearing.Whenever any labor organization, not the subjectof Section 8 (2) allegation in the complaint, is aparty to any contract with the respondent the legal-ity of which is put in issue by any allegation of thecomplaint, such labor organization shall be made aparty to the proceeding.
§ 203.12. Hearing; extension.
Upon his own motion or upon proper cause shownby any of the parties the Regional Director Issuingthe complaint may extend the date of such hearing.
' A blank form for making a charge will he supplied bythe Regional Director upon request.
229 U. S. C. § 158.
Page 3406§ 203.7
TITLE 29.-LABOR, APPENDIX2
§ 203.13. 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; atthe hearing and until the case has been transferredto the Board pursuant to Section 203.38, upon mo-tion, by the Trial Examiner designated to conductthe hearing; and after the case has been transferredto the Board pursuant to Section 203.38, at any timeprior to the issuance of an order based thereon, bythe Board.
§ 203.14. Withdrawal.Any such complaint may be withdrawn before the
hearing by the Regional Director on his own motion.
§ 203.15. Review by the Board of refusal to issue.If, after the charge has been filed, the Regional
Director declines to issue a complaint, he shall soadvise the parties in writing, accompanied by asimple statement of the procedural or other grounds.The person or labor organization making the chargemay obtain a review of such action by filing a re-quest therefor with the Board in Washington, D. C.,and filing a copy of the request with the RegionalDirector, within ten days from the service of thenotice of such refusal by the Regional Director.The request shall contain a complete statement set-ting forth the facts and reasons Upon which therequest is based.
ANSWERt
§203.16. Answer to complaint; time for filing; con-tents; allegations not denied deemed admitted.
The respondent shall, within ten days from theservice of the complaint, file an answer thereto.Such answer shall contain a short and simple state-ment of the facts which constitute the grounds ofdefense. The respondent shall specifically admit ordeny or explain each of the facts alleged in thecomplaint, unless the respondent is without knowl-edge, in which case the respondent shall so state,such statement operating as a denial. All of theallegations in the complaint, if no answer is filed, orany allegation in the complaint not specifically de-nied or explained in an answer filed, unless the re-spondent shall state in the answer that he is with-out knowledge, shall be deemed to be admitted tobe true and may be so found by the Board.
§ 203.17. Where to file; form; jurat; service upon otherparties.
The answer shall be filed with the Regional Di-rector issuing the complaint. It shall be in writing,the original being signed and sworn to by the re-spondent or by a duly authorized agent with appro-priate power of attorney affixed, and shall containthe post-office address of the respondent. The re-spondent shall file three additional copies of theanswer. Immediately upon filing his answer therespondent shall serve a copy thereof upon each ofthe other parties.
§ 203.18. Extension of time for filing.Upon his own motion or upon proper cause shown
by a party the Regional Director issuing the com-
plaint may by written order extend the time withinwhich the answer shall be filed.
§ 203.19. Amendment.The respondent may amend his answer at any time
prior to the hearing. During the hearing or subse-quent thereto, he may amend his answer in any casewhere the complaint has been amended, within suchperiod as may be fixed by the Trial Examiner or theBoard. Whether or not the complaint has beenamended, the answer may, in the discretion of theTrial Examiner or the Board, upon motion, beamended upon such terms and within such periodsas may be fixed by the Trial Examiner or the Board.
MOTIONS
§203.20. Motions; where to file prior to hearing andduring hearing; contents; service on other parties.
All motions made prior to the hearing shall befiled in writing with the Regional Director issuingthe 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 fouradditional copies of all such motions. Immediatelyupon the filing of such motion, the moving partyshall serve a copy thereof upon each of the otherparties. All motions made at the hearing shall bemade in writing to the Trial Examiner or statedorally on the record.
§203.21. Rulings on motions; %fhere to file motionsafter hearing and before transfer of case to Board.
The Trial Examiner designated to conduct thehearing shall rule upon all motions (except as pro-vided in Sections 203.12, 203.18, 203.25, and 203.40).The Trial Examiner may, before the hearing, ruleon motions filed prior to the hearing, and shall causecopies thereof to be served upon the parties and theRegional Director. All motions filed subsequent tothe hearing, but before the transfer of the case tothe Board pursuant to Section 203.38, shall be filedwith the Trial Examiner by filing with the ChiefTria! Examiner in Washington, D. C., and a copythereof shall be served upon each of the parties.Rulings by the Trial Examiner on motions, and anyorders in connection therewith, if announced at thehearing, shall be stated orally on the record; in allother cases such rulings and orders shall be issued inwriting and filed with the Regional Director, whoshall cause a copy of the same to be served uponeach of the parties, or shall be contained in the In-termediate Report. Whenever the Trial Examinerhas reserved his ruling on any motion, and the pro-ceeding is thereafter transferred to and continuedbefore the Board pursuant to Section 203.42, theBoard shall rule on such motion.
§ 203.22. Motions; rulings and orders part of record;rulings not to be appealed directly to Board with-out special permission.
All motions, rulings, and orders shall becomepart of the record, except that rulings on applica-tions for subpenas shall become a part of the recordonly upon the request of the party whose applicationhas been denied, as provided in Section 203.27. Un-less expressly authorized by these Rules and Regula-
Page 3407 §203.22
IT 29.-LABOR, APPENDIX
Mions, rulings by the Regional Director and by theTrial Examiner on motions, and by the Trial Ex-aminer on objections, and orders in connectiontherewith, shall not be appealed directly to the Boardexcept by special permission of the Board, but shallbe considered by the Board in reviewing the record,if exception is taken to the rulings or order whenmade and included in the statement of Exceptionsfiled with the Board, pursuant to Section 203.39.
§ 203.23. Review of granting of motion to dismiss entirecomplaint; reopening of record.
If any motion in the nature of a motion to dismissthe complaint in Its entirety is granted by the TrialExaminer, the party making the charge may obtaina re" tew of such action by filing a request thereforwith 'he Board in Washington, D. C., stating thegrounds for review, and filing a copy of such re-quest with the Regional Director and serving copiesupon the parties. Unless such request for reviewis filed within ten days from the date of service ofthe order of dismissal, the case shall be closed. TheBoard may, upon motion made within a reasonableperiod and for good cause shown, reopen the recordfor further proceedings.
{ 203.24. Filing of answer or other participation in pro-ceeding not a waiver of rights.
The right to make motions or to make objectionto rulings upon motions shall not be deemed waivedby trie filing of an answer or by other participationin the proceedings before the Trial Examiner or theBoard.
INTERVENTION
§ 203.25. Intervention; requisites; rulings on motionsto intervene.
Any person or labor organization desiring to inter-vene in any proceeding shall file a motion In writingor, if made at the hearing, may move orally on therecord, stating the grounds upon which such personor organization claims an interest. Prior to thehearing such motion shall be filed with the RegionalDirector issuing the complaint; during the hearingsuch motion shall be made to the Trial Examiner.An original and four copies of written motions shallbe filed. Immediately upon filing such motion, themoving party shall serve a copy thereof upon eachof the other parties. The Regional Director shallrule upon all such motions filed prior to the hearing,and shall cause a copy of said ruling to be servedupon each of the parties, or shall refer the motionto the Trial Examiner for ruling. The Trial Ex-aminer shall rule upon all such motions made at thehearing or referred to him by the Regional Director,in the manner set forth in Section 203.21. The Re-gional Director or the Trial Examiner, as the casemay be, may by order permit intervention in personor by counsel or other representative to such extentand upon such terms as he may deem proper.
'WITNESSES, DEPOSITIONS, AND SUBPENAS
§ 203.26. Examination of witnesses; depositions.Witnesses shall be examined orally under oath,
except that for good cause shown, after the issuanceof a complaint, testimony may be taken by deposition.
(a) Applications to take depositions shall be Inwriting setting forth the reasons why such deposi-tions should be taken, the name and post-office ad-dress of the witness, the matters concerning whichit Is expected the witness will testify, and the timeand place proposed for the taking of the deposition,together with the name and address of the personbefore whom it is desired that the deposition betaken (for the purposes of this Section hereinafterreferred to as the "officer"). Such application shallbe made to the Regional Director prior to the hearing,and to the Trial Examiner during and subsequentto the hearing but before transfer of the case to theBoard pursuant to Section 203.38 or 203.42. Suchapplication shall be served upon the Regional Di-rector or the Trial Examiner, as the case may be,and upon the other parties, not less than seven days(when the deposition is to be taken within the con-tinental United States) and fifteen days (if thedeposition is to be taken elsewhere) prior to thetime when it is desired that the deposition be taken.The Regional Director or Trial Examiner, as thecase may be, shall, upon receipt of the application,if in his discretion good cause has been shown, makeand serve upon the parties an order which will specifythe name of the witness whose deposition is to betaken, the time when, the place where, and shallcontain a designation of the officer before whomthe witness Is to testify, who may or may not bethe same officer as that specified in the application.Such order shall be served upon all parties by theRegional Director or the Trial Examiner.
(b) Such deposition may be taken before anyofficer authorized to administer oaths by the lawsof the United States or of the place where the exami-nation is held, including any agent of the Boardauthorized to administer oaths. If the examinationis held in a foreign country, it may be taken beforeany Secretary of Embassy or Legation, Consul Gen-eral, Consul, Vice Consul, or Consular Agent of theUnited States.
(c) At the time and place specified in said orderthe officer designated to take such deposition shallpermit the witness to be examined and cross-ex-amined under oath by all the parties appearing, andhis testimony shall be reduced to typewriting bythe officer or under his direction. All objections toquestions or evidence shall be deemed waived unlessmade at the examination. The officer shall not havepower to rule upon any objections but he shall notethem upon the deposition. The testimony shall besubscribed by the witness in the presence of theofficer who shall attach his certificate stating thatthe witness was duly sworn by him, that the deposi-tion is a true record of the testimony and exhibitsgiven by the witness and that said officer is not ofcounsel or attorney to any of the parties nor inter-ested in the event of the proceeding or investigation.If the deposition is not signed by the witness becausehe is ill, dead, cannot be found, or refuses to sign it,such fact snall be included in the certificate of theofficer and the deposition may then be used as fullyas though signed. The officer shall immediately de-liver an original and two copies of said transcript,together with his certificate, in person or by regis-
11203.23 Page 3408
TIT=E 29.-LABOR, APPENDIX
tered mail to the Regional Director or the TrialExaminer, care of the Chief Trial Examiner, Wash-lngton, D. C., as the case may be.
(d) The Trial Examiner shall rule upon the ad-missibility of the deposition or any part thereof.
, (e) All errors or irregularities in compliance withthe provisions of this Section shall be deemed waivedunless a motion to suppress the deposition or somepart thereof is made with reasonable promptnessafter such defect is or, with due diligence, mighthave been ascertained.
(f) If the parties so stipulate in writing, deposi-tions may be taken before any person at any timeor place, upon any notice and in any manner, andwhen so taken may be used like other depositions.
§203.27. Issuance of subpenas; requisites of applica-tion for.
Any member of the Board may issue subpenasrequiring the attendance and testimony of witnessesand the production of any evidence, including books,records, correspondence, or documents that relateto any matter under investigation or in question,before the Board, its member, agent, or agency, con-ducting the hearing or investigation. Applicationsfor subpenas may be filed with the Regional Direc-tor In writing by any party, including Board agents,prior to the hearing. The Regional Director maygrant or deny the application or may refer it to theTrial Examiner, who may thereafter grant or denythe application. Applications for subpenas madeduring the hearing shall be made in writing to theTrial Examiner who may grant or deny the applica-tion. If the application is denied the denial shallbe accompanied by a simple statement of proceduralor other grounds. Such applications may be madeex parte, shall be timely, and shall specify the nameof the witness and show the general relevance andreasonable scope of the evidence sought, and, if call-ing for documents, shall specify the same with suchparticularity as will enable them to be identifiedfor purposes of production. The application forsubpenas and ruling thereon shall not become apart of the official record except upon the requestof the party whose application has been denied. Per-sons compelled to submit data or evidence at apublic proceeding are entitled to retain or, on pay-ment of lawfully prescribed costs, to procure copiesor transcripts of the data or evidence submitted bythem. Persons compelled to submit data or evidenceIn the nonpublic investigative stages of proceedingsmay for good cause be limited by the RegionalDirector to inspection of the official transcript ofhis testimony.
§ 203.28. Payment of witness fees and mileage; feesof persons taking depositions.
Witnesses summoned before the Trial Examinershall be paid the same fees and mileage thai. arepaid witnesses In the courts of the United States,and witnesses whose depositions are taken and thepersons taking the same shall severally be entitledto the same fees as are paid for like services in thecourts of the United States. Witness fees and mile-age shall be paid by the party at whose Instancethe witnesses appear and the person taking the
deposition shall be paid by the party, at whoseInstance the deposition Is taken.
HEARING
§203.29. Who shall conduct; to be public unless other-wise ordered.
The hearing for tile purpose of taking evidenceupon a complaint shall be conducted by a Trial Ex-aminer designated by the Chief Trial Examiner,unless the Board or any member thereof presides.At any time a Trial Examiner may be designated totake the place of the Trial Examiner previouslydesignated to conduct the hearing. Such hearingsshall be public unless otherwise ordered by theBoard or the Trial Examiner.§203.30, Duty of Trial Examiner; powers of Board
counsel and Trial Examiner.
It shall be the duty of the Trial Examiner to in-quire fully into the facts as to whether the respond-ent has engaged in or Is engaging in an unfair laborpractice affectir- commerce as set forth in thecomplaint or amended complaint. The Trial Exam-iner shall have authority, with respect to cases as-signed to him, between the opening of the hearingand the issuance of the Intermediate Report (recom-mended decision) or transfer of the case to theBoard, subject to the Rules and Regulations of theBoard and within its powers:
(1) To administer oaths and affirmations;(2) To grant or deny applications for subpenas
authorized by law;(3) To rule upon offers of proof and receive
relevant evidence;(4) To take or cause depositions to be taken
whenever the ends of justice would be servedthereby;
(5) To regulate the course of the hearing and, ifappropriate or necessary, to exclude persons or coun-sel from the hearing for contemptuous conduct andto strike all testimony of witnesses refusing toanswer any proper question;
(6) To hold conferences for the settlement orsimplification of the issues by consent of the parties,but not to adjust cases;
(7) To dispose of procedural requests or similarmatters, including motions referred to the Trial Ex-aminer by the Regional Director and motions toamend pleadings; also to dismiss complaints or por-tions thereof, and to order hearings reopened priorto issuance of Intermediate Reports;
(8) To make and transmit Intermediate Reports(recommended decisions), in conformity with Sec-tion 8 of the Administrative Procedure Act';
(9) To call, examine and cross-examine witnessesand to introduce into the record documentary orother evidence;
(10) To take any other action necessary under theforegoing and authorized by the published Rules andRegulations of the Board.
Counsel for the Board shall have power to call,examine and cross-examine witnesses, and to intro-duce Into the record documentary or other evidence.
15 U.S, C. § 1007.
§ 203.30Page 3409
TITLE 29.-LiBOR, APPENDIX
§203.31. Rights of parties.Any party shall have the right to appear at such
hearing in person, by counsel, or by other represen-tative, to call. ,xamine and cross-examine wit-nesses, and to introduce into the record documentaryor other evidence.
§ 203.32. Rules of evidence not controlling.In any such proceeding the rules of evidence pre-
vailing in courts of law or equity shall not becontrolling.
§ 203.33. Stipulations of fact admissible.In any such proceeding stipulations of fact may
be introduced In evidence with respect to any issue.
§203.34. Objection to conduct of hearing; how made;objections not waived by further participation.
Any objection with respect to the conduct of thehearing, including any objection to the introductionof evidence, may be stated orally or in writing, ac-companied by a short statement of the grounds ofsuch objection, and included in the record. No suchobjection shall be deemed waived by further par-ticipation in the hearing.
§ 203.35. Filing of briefs and proposed findings withthe Trial Examiner and oral argument at thehearing.
Any party shall be entitled, upon request, to areasonable period at the close of the hearing fororal argument, which shall be included in the steno-graphic report of the hearing. Any party shall beentitled, upon request made before the close of thehearing, to file a brief or proposed finding and con-clusions, or both, with the Trial Examinor who mayfix a reasonable time for such filing but not in ex-cess of fifteen days from the close of the hearing.Requests for extensions of time shall be made to theChief Trial Examiner.
§ 203.36. Continuance and adjournment.In the discretion of the Trial Examiner, the hear-
ing may be continued from day to day, or adjournedto a later date or to a different place, by announce-ment thereof at the hearing by the Trial Examiner,or by other appropriate notice. The Chief TrialExaminer may, at any time prior to the service ofthe Intermediate Report, upon appropriate noticeto the parties, direct that the hearing be reopened.
§203.37. Contemptuous conduct; refusal of witness toanswer questions.
Contemptuous conduct at any hearing before aTrial Examiner or before the Board shall be groundfor exclusion from the hearing. The refusal of awitness at any such hearing to answer any questionwhich has been ruled to be proper shall, in the dis-cretion of the Trial Examiner, be ground for strikingout all testimony previously given by such witnesson related matters.
INTERMEDIATE REPORT AND TRANSFER OFCASE TO THE BOARD
§ 203.38. Intermediate R e p o r t; contents; service;transfer of the case to the Board; contents ofrecord in cane.
After a hearing for the purpose of taking evidenceupon a complaint, the Trial Examiner shall prepare
an Intermediate Report (recommended decision),but the initial decision shall be made by the Board.Such report shall contain (a) findings of fact, con-clusions, and the reasons or basis therefor, upon allmaterial issues of fact, law, or discretion presentedon the record; and (b) recommendations as to whatdisposition of the case should be made, which mayinclude, if it be found that the respondent has en-gaged in or is engaging in the alleged unfair laborpractice, a recommendation for such affirmative ac-tion by the respondent as will effectuate the policiesof the Act. The Intermediate Report shall be trans-mitted to the Chief Trial Examiner, who shall there-upon file the original of the Intermediate Reportwith the Board, and cause a copy thereof to beserved upon each of the parties. Upon the filing ofthe Intermediate Report, the Board shall enter anorder transferring the case to the Board and shallserve copies of the order, setting forth the date ofsuch transfer, upon each of the parties and the Re-gional Director.
The charge upon which the complaint was issuedand any amendments thereto, the complaint and anyamendments thereto, Notice of Hearing, answer andany amendments thereto, motions, rulings, orders,the stenographic report of the hearing, stipulations,exhibits, documentary evidence, and depositions, to-gether with the Intermediate Report and Exceptions,shall constitute the record in the case.
EXCEPTIONS TO THE RECORD ANDPROCEEDING
§203.39. Exceptions or supporting briefs; time forfiling; wheie to file; service on parties; extensionof time; effect of failure to include matter in ex-ceptions.
Within fifteen days from the date of service of theorder transferring the case to the Board, pursuantto Section 203.38, any party or counsel for the Boardmay file with the Board at Washington, D. C., anoriginal and four copies of a statement in writingsetting forth such exceptions to the IntermediateReport or to any other part of the record or proceed-ing (including rulings upon all motions or objec-tions) as he relies upon, together with the originaland four copies of a brief in support thereof; andany party or counsel for the Board may, within thesame period, file an original and four copies of abrief in support of the Intermediate Report. Uponspecial leave of the Board any party or counsel forthe Board may file a reply brief upon such terms andconditions as the Board may impose. Immediatelyupon the filing of the statement of Exceptions orbriefs, the party or counsel for the Board filing thesame shall serve a copy thereof upon each of theother parties and shall file a copy with the RegionalDirector. Upon proper cause shown, the Board mayextend the period within which to file a statement ofExceptions or brief.
No matter not included in a statement of Excep-tions may thereafter be objected to before the Board,and failure to file a statement of Exceptions shalloperate as a submission of the case to the Board onthe record.
Page 34101203.31
P4 I 29.-LABOR, APPENDIX
Should any party desire permission to argue orallybefore the Board, request therefor must be made inwriting to the Board within ten days after the dateof service of the order transferring the case to 'heBoard (or in Board cases the date of service of theIntermediate Report), pursuant to Section 203.38.The Board shall notify the parties of the time andplace for oral argument, if such permission isgranted.
§203.40. Filing of motion after transfer of case toBoard.
All motions filed after the case has been trans-ferred to the Board, pursuant to Section 203.38,shall be filed with the Board in Washington, D. C.,by transmitting an original and three copies thereofand serving additional copies upon the Regional Di-rector and upon each of the parties.
PROCEDURE BEFORE THE BOARD
§203.41. Action of Board upon expiration of time tofile Excepti,,Id to Intermediate Report; oralarguments before and filing of briefs with Board;action of Board where Trial Examiner finds nounfair labor practices and no Exceptions filed;reopening of record.
Upon the expiration of the period for filing a state-ment of Exceptions and briefs, as provided in Sec-tion 203.39, the Board may decide the matter forth-with upon the record, or after oral argument, ormay reopen the record and receive further evidencebefore a member of the Board or other Board agentor agency, or may close the case upon compliancewith the recommendations of the Intermediate Re-port, or may make other disposition of the case.
Where the Trial Examiner has found in his Inter-mediate Report that the respondent has not en-gaged in and is not engaging in any of the allegedunfair labor practices affecting commerce, and noExceptions have been filed within the period for fil-ing a statement of Exceptions as provided for inSection 203.39, the case shall be closed. The Boardmay. upon motion made within a reasonable periodand upon proper cause shown, reopen the record forfurther proceedings in accordance with this Section.
203.42. Proceedings before Board; filing charges withBoard; transfer of charge and proceeding fromRegion to Board or to another Region; consolida-tion of proceedings in same Region; severance.
Whenever the Board deems it necessary in orderto effectuate the purposes of the Act, it may per-mit a charge to be filed with it in Washington, D. C.,or may, at any time after a charge has been filedwith a Regional Director pursuant to Section 203.8,order that such charge and any proceeding whichmay have been instituted in respect thereto-
(a) be transferred to and continued before it,for the purpose of consolidation with any other pro-ceeding which may have been instituted by theBoard, or for any other purpose; or
(b) be consolidated for the purpose of hearing, orfor any other purpose, with any other proceedingwhich may have been instituted in the same Region;or
(c) be transferred to and continued in any otherRegion, for the purpose of consolidation with any
proceeding which may have been instituted in ortransferred to such other Region, or for any otherpurposes; or
(d) be severed from any other proceeding withwhich it may have been consolidatea plirsuant tothis Section.
The provisions of Sections 203.9 to 203.37, inclu-sive, shall, insofar as applicable, apply to proceed-ings before the Board pursuant to this Section, andthe powers granted to Rogional Dirctors in suchprovisions shall, for the purnnsc uf this Section, bereserved to and exercised by the Board. After thetransfer of any charge and any proceeding whichmay have been instituted in respect thereto fromone Region to another pursuant to this Section,the provisions of Sections 203.9 to 203.41, inclusive,shall apply to such charge and such proceeding asif the charge had originally been filed in the Regionto which the transfer is made.
§ 203.43. Procedure before Board in cases ever which ithas assumed jurisdiction.
After a hearing for the purpose of taking evidenceupon the complaint in any proceeding over whichthe Board has assumed jurisdiction In accordancewith Section 203.42, the Board may-
(a) direct that the Trial Examiner prepare an In-termediate Report, in which case the provisions ofSections 203.38 to 203.41, inclusive, shall insofar asapplicable govern subsequent procedure, and thepowers granted to Regional Directors in such pro-visions shall for the purpose of this Section be re-served to and exercised by the Board; or
(b) reopen the record and receive further evi-dence before a member of the Board, or other agentor agency; or
(c) make other disposition of the case.Within fifteen days from the date of service of the
Intermediate Report pursuant to paragraph (a) ofthis Section, any party or counsel for the Board mayfile with the Board at Washington, D. C., an orig-inal and four copies of a statement in writing set-ting forth such Exceptions to the Intermediate Re-port, or to any other part of the record or proceed-ing (including rulings upon all motions or objec-tions) as he relies upon, together with the originaland four copies of a brief in support thereof, andany party or counsel for the Board may, within thesame period, file an original and four copies of a briefin support of the Intermediate Report. Immedi-ately upon the filing of the statement of Exceptionsor briefs, the party or counsel for the Board filingthe same shall serve copies upon the Regional Di-rector and the other parties. Upon proper causeshown, the Board may extend the period withinwhich to file a statement of Exceptions or brief.
Should any party desire permission to argue orallybefore the Board, request therefor must be made inwriting to the Board within ten days after the dateof service of the Intermediate Report. The Boardshall notify the parties of the time and place for theoral argument, if such permission is granted.Thereafter the Board shall forthwith decide thematter or make other disposition of the case.
Page 3411 1 203.43
TITLE 29.-LABOR, APPENDIX
§ 203.44. Modification or setting aside of order of Boardbefore record filed in court; action thereafter.
Until a transcript of the record in a case shallhave been filed in a court, within the meaning ofSection 10 of the Act,' the Board may at any timeupon reasonable notice modify or set aside, In wholeor in part, any findings of fact, conclusions of law,or order made or issued by it. Thereafter the Boardmay proceed pursuant to Sections 203.42 or 203.43,or make any other disposition of the case.
§ 203.45. Settlement or adjustment of issues.At any stage of proceedings prior to hearing, the
nature of the proceeding, and the public interestpermit, all interested parties shall have opportunityfor the submission to the Regional Director withwhom the charge was filed, and consideration offacts, arguments, offers of settlement, or proposalsof adjustment.
Subpart C. 1-R1OCEDURE UNDER SECTION 9 (C)OF TilE ACT FOR TIlE INVESTIGATION ANDCERTIFICATION OF REPRESENTATIVES
See.203.40. Petition for certification; where to file; with-
drawal.203.47. Contents of petition.203.40. Consent election agreements; consent cross-
check agreements; hearing waived by stip-ulation.
203.49. Investigation of petition by Regional Director;Notice of Hearing; service of notice; with-diawal of notice.
203.50. Conduct of hearing.203.51. Motions; Interventions.203.52. Introduction of evidence; rights of parties at
hearing.203.53. Record; what constitutes; transmission to Board.203.54. Proceedings before the Board; further hearing;
briefs; Board Direction of Election; Certifica-tion of Representatives.
203.55. Election procedure; Tally of the Ballots; Ob-jections; Report on Challenged Ballots; Re-port on Objections; Exceptions; action of theBoard; hearing.
203.56. Run-Off Elections.203.57. Refusal to institute investigation; termination
of investigation; appeals to Board from actionof the Regional Director.
203.58. Proceedings before Board; filing petition withBoard; investigation upon motion of Board;transfer of petition and proceeding from Re-gion to Board or to another Region; consoli-dation of proceedings in same Region; sever-ance; procedure before Board in cases overwhich it has assumed jurisdiction.
29 Code of Federal Regulations, ch. 2, pt. 203, subpt. C,1946 Supp.§ 203.46. Petition for certification; where to file; with-
drawal.A petition to investigate and certify under Section
9 (c) of the Act' the name ,,r names of representa-tives designated or selected for the purpose of collec-tive bargaining may be filed by an employee or anyperson or labor organization acting on behalf ofemployees, or by an employer. Such petition shallbe in writing,' the original being signed and sworn
120 U. S. C. § 160.129 U. S. C. §159.' Blank forms for filing such petitions will be supplied
by the Regional Director upon requst.
to before any notary public, Board agent, or otherperson duly authorized by law to administer oathsor take acknowledgments. Three copies of the peti-tion shall be filed. Except as provided in Section203.58, such petitions shall be filed with the RegionalDirector for the Region wherein the contemplatedbargaining unit exists, or, if the contemplated bar-gaining unit exists in two or more Regions, withthe Regional Director for any of such Regions. Priorto the transfer of the case to the Board, pursuantto Section 203.53, the petition may be withdrawnonly with the consent of the Board or of thol RegionalDirector with whom such petition was filed. Aftersuch transfer, a petition may be withdrawn onlywith the consent of the Board. Whenever the Boardor Regional Director approve the withdrawal of anypetition the case shall be closed.
§ 203.47. Contents of petition.(a) Such petition, when filed by an employee or
any person or labor organization acting on behalf ofemployees, shall contain the following:
(1) The name of the employer.(2) The addresses of the establishments involved.(3) The general nature of the employer's business.(4) A description of the bargaining unit which
the petitioner clai.ns to be appropriate.(5) The number of employees in the alleged appro-
prlate unit.(0) The names and addresses of any other persons
or labor organizations who claim to represent anyemployees in the alleged appropriate unit.
(7) The nature of the alleged question concerningrepresentation.
(8) The name, affiliation, if any, and address ofthe petitioner.
(9) Any other relevant facts.(b) Such petition, when filed by an employer, shall
contain the following:(1) The name and address of the petitioner.(2) The general nature of the petitioner's business.(3) A brief statement setting forth that a question
or controversy affecting commerce has arisen con-cerning the representation of employees of the peti-tioner in that two or more persons or labor organiza-tions have presented to the petitioner conflictingclaims that each represents a majority of the em-ployees in the unit or units claimed to bc appropriate.
(4) The names, affiliation, if any, and addresses ofthe persons or labor organizations making suchclaims of representation.
(5) A statement whether the petitioner has con-tracts with any of the competing labor organizations,and, if so, their expiration dates.
(6) Any other relevant facts.§ 203.48. Consent election agreements; consent cross-
check agreements; hearing waived by stipulation.(a) Where a petition has been filed the employer
and any individuals or labor organizations repre-senting a substantial number of employees involvedmay, with the approval of the Regional Director, en-ter into a consent election agreement or consentcross-check agreement leading to a determinationby the Regional Director of the facts ascertained
9 203.44 Page 3412
TITLE 29,-LABOR. APPENDIX
after such consent election or cross-check. Suchagreement shall include a description of the appro-priate unit, the time and place of holding any elec-tion, and the payroll to be used in determining whatenlployees within the appropriate unit shall be eli-gible to vote or be counted. Such consent electionor consent cross-check shall be conducted under thedirection and supervision of the Regional Director.The method of conducting such consent cross-checkshall be set forth in the consent cross-check agree-ment. The rulings of the Regional Director on allmatters in question under the cross-check, and thedetermination by the Regional Director of the re-sults of the cross-check shall be final. The methodof conducting such consent election shall be consist-ent with the method followed by the Regional Di-rector in conducting elections pursuant to Sections203.55 and 203.56, except that the rulings and thedetermination by the Regional Director of the resultsthereof shall be final.
(b) Where a petition has been filed, the employerand any individuals or labor organizations repre-senting a substantial number of the employees in-volved may, with the approval of the Regional Di-rector, enter into an agreement providing for awaiver of hearing and a consent election leading tocertification by the Board of representatives, if any,designated or selected. Such agreement shall alsoinclude a description of the appropriate bargainingunit, the time and place of holding the election, andthe payroll to be used in determining which em-ployees within the appropriate unit shall be eligibleto vote. The method of conducting such electionand the post-election procedure shall be consistentwith that followed by the Regional Director in con-ducting elections pursuant to Sections 203.55 and203.56.
§ 203.49. Investigation of petition by Regional Director;Notice of Hearing; service of notice; withdrawalof notice.
After a petition has been filed, if no agreementsuch as that provided in Section 203.48 ts enteredinto and if it appears to the Regional Director thatthe policies of the Act will be effectuated and that(if the petition is filed by a labor organization), thereis a reasonable probability that an investigation willresult in a free choice by employees of a bona fiderepresentative, he shall institute such investigation,provided, however, that the Regional Director shallnot institute an investigation on a petition filed byan employer unless it appears to the Regional Di-rector that two or more persons or labor organiza-tions have presented to the employer conflictingclaims that each represents a majority of the em-ployees in the bargaining unit or units claimed to beappropriate.' The Regional Director shall prepareand cause to be served upon the employer and uponany known persons or labor organizations purport-Ing to act as representatives of any employees di-
'At any stage of the investigation, either before hearingor after the hearing but before transfer of the case tothe Board, the Regional Director may in cases which pre-sent no substantial issues, conduct a secret ballot of theemployees, or ho may decline to continue the investiga-tion.
rectly affected by the investigation (all of whomshall thereupon become parties to the proceeding),and upon any employee or other person or labororganization who has filed a pending motion to in-tervene, a Notice of Hearing before a hearing officerat a time and place fixed therein. A copy of thepetition shall be served with such Notice of Healing.Any such Notice of Hearing may be amended orwithdrawn before the hearing by the Regional Di-rector on his own motion.
§ 203.50. Conduct of hearing.(a) Hearings shall be conducted by a hearing
officer, and shall be open to the public unless other-wise ordered by the hearing ofilcer. At any time ahearing officer may be substituted for the hearingofficer previously presiding. It shall be the dutyof the hearing officer to inquire fully into all mat-ters In issue and necessary to obtain a full andcomplete record upon which the Board may dis-charge its duties under Section 9 of the Act.'
(b) The hearing officer may, in his discretion,continue the hearing from day to day, or adjournit to a later date or to a different place, by announce-ment thereof at the hearing, or by other appropriatenotice. The Regional Director who issued the No-tice of Hearing may, at any time prior to the transferof the case to the Board, upon appropriate notice tothe parties, direct that the hearing be opened.
§ 203.51. Motions; Interventions.(a) All motions, including motions for iDterven-
tion pursuant to Subsection (b) hereof, shall be inwriting or, if made at the hearing, may be statedorally on the record, and shall briefly state the orderor relief sought and the grounds for such motion.An original and four copies of written motions shallbe filed and at the time of filing, a further copythereof shall be served upon each of the parties tothe proceeding. Prior to transfer of the case to theBoard, written motions shall be filed with the Re-gional Director before whom the proceeding is pend-Ing, except that motions filed during the hearingshall be filed with the hearing officer. After trans-fer of the case to the Board, all motions shall befiled with the Board. The Regional Director mayrule upon all motions filed with him, causing a copyof said ruling to be served upon each of the parties,or he may refer the motion to the hearing officerfor ruling, except that all motions to dismiss peti-tions shall be referred to the Board for appropriateaction. The hearing officer shall rule, either orallyon the record on I in writing, upon all motions filed atthe hoaring or referred to him as hereinabove pro-vided, except that he shall refer to the Board for ap-propriate action all motions to dismiss petitions, atsuch time as the Board considers the entire record.
(b) Any employer, employee, other person, orlabor organization desiring to intervene in any pro-ceeding shall make a motion for intervention, stat-ing the grounds upon which such person'or organi-zation claims to have an interest in the proceeding.The Regional Director or the hearing officer, as the
120 U. S. C. § 159.2So in original.
Page 3413 1 203.51
2ITLE 29.-LABOR, APPENDIX
case may be, may by order permit intervention inperson or by counsel or other representative to suchextent and upon such terms as he may deem proper,and such intervenor shall thereupon become aparty to the proceeding.
(c) All motions, rulings and orders shall becomea part of the record, except that rulings on applica-tions for subpenas shall become a part of the recordonly upon the request of the party whose applica-tion has been denied, as provided in Section 203.52.(c). Unless expressly authorized by these Rules andRegulations, rulings by the Regional Director and bythe hearing officer shall not be appealed directly tothe Board except by special permission of the Board,but shall be considered by the Board in reviewingthe record after the case has been transferred to theBoard.
(d) The right to make motions or to make objec-tions to rulings on motions shall not be deemedwaived by participation in the proceedings,
§ 203.52. Introduction of evidence; rights of parties athearing.
(a) Any party shall have the right to appear atany hearing in person, by counsel, or by other rep-resentative, and any party, counsel for the Boardand the hearing officer shall have power to call,examine and cross-examine witnesses, and to intro-duce into the record documentary and other evi-dence. Witnesses shall be examined orally underoath. The rules of evidence prevailing in courts oflaw or equity shall not be controlling. Stipulationsof fact may be introduced in evidence with respect toany Issue.
(b) Any objection with respect to the conduct ofthe hearing, including any objection to the intro-duction of evidence, may be stated orally or inwriting, accompanied by a short statement of thegrounds of such objection, and included in the rec-ord. No such obj3ction shall be deemed waived byfurther participation in the hearing.
(c) Prior to the hearing, application for sub-penas may be filed in writing by any party, includ-ing Board agents, with the Regional Director. TheRegional Director may grant or deny the applica-tion, or may refer it to the hearing officer who maythereafter grant or deny the applicatin. Duringthe hearing applications for subpenas shall be madein writing to the hearing officer, who may grant ordeny the application. If any application is deniedthe denial shall be accompanied by a simple state-ment of procedural or other grounds. Such appli-cations may be made ex parte, shall be timely, andshall specify the name of the witness and show thegeneral relevance and reasonable scope of the evi-dence sought, and, if calling for documents, shallspecify the same with such particularity as willenable them to be identified for the purposes ofproduction. The application for subpenas andruling thereon shall not become a part of the recordexcept upoh the request of the party whose applica-tion has been denied. Persons compelled to submitdata or evidence are entitled to retain or, on pay-ment of lawfully prescribed costs, to procure copiesof transcripts of the data or evidence submitted bythem.
(d) Contemptuous conduct at any hearing beforea hearing officer or before the Board shall be groundfor exclusion from the hearing. The refusal of awitness at any such hearing to answer any questionwhich has been ruled to be proper shall, in thediscretion of the hearing officer, be ground for strik-ing out all testimony previously given by such wit-ness on related matters.
(e) Any party shall be entitled, upon request, to areasonable period at the close of the hearing, fororal argument, which shall be included in the steno-graphic report of the hearing.
(f) Witness fees and mileage shall be paid by theparty at whose instance the witness appears.
§ 203.53. Record; what constitutes; transmission toBoard.
At any appropriate stage of the investigation fol-lowing the hearings, the Regional Director maytransfer the case to the Board and shall thereuponforward to the Board in Washington, D. C., the peti-tion, Notice of Hearing, motions, rulingF, orders, thestenographic report of the hearing, -'ipulations, ex-hibits, documentary evidence, and depositions, allof which shall constitute the r'cord in the pro-ceeding.
§ 203.54. Proceedings before the Board; further hear-ing; briefs; Board Direction of Election; Certifi-cation of Representatives.
Upon transfer of the proceeding to the Board, theBoard shall proceed, either forthwith upon the rec-ord, or after oral argument or the submission ofbriefs, or further hearing, as it may determine, tocertify to the parties the name or names of the rep-resentatives that have been designated or selected, orto direct a secret ballot of the employees in orderto complete the investigation, or to make other dis-position of the matter. Should any party desire tofile a brief with the Board, the original and threecopies thereof shall be filed with the Board at Wash-ington, D. C., within seven days after Notice ofTransfer of the case to the Board. Immediatelyupon such filing, the party filing the same shall servea copy thereof upon each of the other parties. Noreply brief may be filed except upon special leave ofthe Board.
§ 203.55. Election procedure; Tally of the Ballots; Ob-jections; Report on Challenged Ballots; Report onObjections; Exceptions; action of tie Board;hearing.
Unless otherwise directed by the Board, all elec-tions shall be conducted under the supervision ofthe Regional Director in whose Region the pro-ceeding is pending. All elections shall be by secretballot, Any party may be represented by observersof his own selection, subject to such limitations asthe Regional Director may prescribe. Any partyand Board agent may challenge for good cause theeligibility of any person to participate in the elec-tion. The ballots of such challenged persons shallbe impounded. Upon the conclusion of the election,the designated agent shall cause to be furnished tothe parties a Tally of the Ballots. Within five (5)days thereafter any party may file with the desig-nated agent an original and three copies of Objec-
§ 203.52 Page 3414
TITLE 29.-LABOR, APPEDIX
tions to the conduct of the election or conduct affect-Ing the results of the election. The objections shallcontain a short statement of the reasons therefor.Copies thereof shall be served upon each of theother parties by the party filing such Objections.
If no such Objections are filed within five (5) daysafter the conclusion of the election, and if the chal-lenged ballots are insufficient in number to affectthe result of the election, the designated agent shall,if uo run-off election is to be held pursuant to Sec-tion 203.56, forthwith forward to the Board in Wash-ington, D. C., the Tally of the Ballots which, to-gether with the record previously made, shall con-stitute the record in the case, and the Board maythereupon decide the matter forthwith upon therecord, or may make "other disposition of the case.'
If Objections are flied to the conduct of the elec-tion or conduct affecting the results of the electionor if the challenged ballots are sufficient in number toaffect the result of the election, the designated agentshall investigate the issues raised by such Objections,challenges, or both, and shall prepare and cause tobe served upon the parties a Report on ChallengedBallots, Objections, or both, including his recomn men-dations, which report, together with the Tally of theBallots, he shall forward to the Board in Washing-ton, D. C. Within five (5) days from the date ofservice of the Report on Challenged Ballots, Objec-tions, or both, the parties may file with the Board inWashington, D. C., an original and three copies ofExceptions to such report. Immediately upon thefiling of such Exceptions, the party filing the sameshall serve a copy thereof upon each of the otherparties, and shall file a copy with the designatedagent. If no Exceptions are filed to such reportthe Board, upon the expiration of the period forfiling such Exceptions, may decide the matter forth-with upon the record, or may make other dispositionof the case.
The Report on Challenged Ballots shall be con-solidated with the Report on Objections in appro-priate cases.
If Exceptions are duly filed, either to the Reporton Challenged Ballots, Objections, or both if it be aconsolidated report, or to conduct affecting theresults of the election, and it appears to the Boardthat such Exceptions do not raise substantial andmaterial issues with respect to the conduct or resultsof the election, the Board may decide the matterforthwith upon the record, or may make other dis-position of the case. If it appears to the Board thatsuch Exceptions raise substantial and material is-sues, the Board may direct the designated agent orother agent of the Board to is"ue, and cause to beserved upon the parties, a Notice of Hearing on said
SThis and the subsequent provisions of this sectiondo not apply to elections conducted by the Regional Di-rector as part of the investigation before hearing (seefootnote under section 203.49). In such instances, theRegional Director, following the election, shall providefor an appropriate hearing upon due notice to all parties,unless it appears to him that the investigation shouldnot be continued; and all Issues, including Issues withrespect to the conduct of the election or conduct affect-Ing the election results and issues raised by challengedballots, shall be heard at such hearing.
Exceptions before a hearing officer. The hearingshall be conducted in accordance with the provisionsof Sections 203.50, 203.51, and 203.52, insofar asapplicable. Upon the close of the hearing, the agentconducting the hearing shall forward to the Boardin Washington, D. C., the Notice of Hearing, mo-tions, rulings, orders, stenographic report of thehearing, stipulations, Exceptions, documentary evi-dence, all of which, together with the Objection tothe conduct of the election or conduct affecting theresults of the election, the Report on such Objections,the Report on Challenged Ballots, and Exceptions tothe Report on Objections or to the Report on Chal-lenged Balots, and the record previously made,shall constitute the record in the case. The Boardshall thereupon proceed pursuant to Section 203.54.
§203.56. Run-Off Elections.
(a) The agent designated pursuan, to the provi-sions of Section 203.55 to conduct the election, shailconduct a run-off election, without furthur orderof the Board, when the results in the election are in-conclusive because no choice on the ballot in theelec;.on received a majority of the valid ballots castand when no Objections are filed as provided in Sec-tion 203.55, provided that a written request by anyrepresentative entitled to appear on the run-off bal-lot pursuant to this Section is submitted to himwithin ten (10) days after the date of the election.Only one run-off election shall be held pursuant tothis Section.
(b) Employees who were eligible to vote in theelection and who are employed in an eligible cate-gory on the date of the run-off election shall beeligible to vote in a run-off election.
(c) The ballot in the run-off election shall providefor a selection between the two choices that receivethe largest and the second largest number of validvotes cast in the election, except as provided in thisoub-section or otherwise directed by the Board.
(1) In the event the number of votes cast for"neither" in an inconclusive election in which theballot provided for a choice among two representa-tives and "neither" Is less than the number cast forone representative, but more than or equal to thenumber cast for the other representative, or if thevotes are equally divided among the three choices,the run-off ballot shall provide for a choice betweenthe two representatives.
(2) In the event the number of votes cast for"neither" in an inconclusive election in which theballot provided for a choice among two representa-tives and "neither" is more than the number cast foreither of the two representatives but the votes castfor the two representatives are tied and the combinednumber of votes cast for the two representatives isequal to or exceeds 50 percent of the total valid votescast, the run-off ballot shall provide for a selectionbetween the three choices afforded in the originalballot.
(3) In the event the number of votes cast for"none" in an inconclusive election, in which theballot provided for a choice among three or morerepresentatives and "none", is equal to the numbercast for the representative with the largest number
Page 3415 § 203.50
TITLE 29.-LABOR, APPENDIX
of votes, or is less than the number cast for therepresentative with the largest numbvr of votes butmore than or the same as the number cast for therepresentative with the second largest number ofvotes as among representatives, or is the same asthe number cast for each of the two highest repre-sentatives, the run-off ballot shall provide for a choicebetween the two representatives.
(4) In the event the number of votes cast for"none" In an inconclusive election, in which theballot provided for a choice among three or morerepresentatives and "none," is less than the numbercast for the representative with the largest numberof votes and more than the number cast for anyother representative but an equal number of votesis cast for each of two or more such other repre-sentatives, the run-off ballot shall provide for a choiceamong the three or more representatives, provided,however, that in the event such run-off election isinconclusive no further run-off shall be conducted.
(5) No xepresentative shall be accorded a place onthe run-off ballot unless that representative receivedat least twenty percent of the valid votes cast inthe election.
(d) Upon the conclusion of the run-off election,the agent who conducted the run-off election, theparties, and the Board shali proceed pursuant toSection 203.55, insofar as applicable.
§203.57. Refusal to institute investigation; termina-tion of investigation; appeals to Board from actionof the Regional Director.
(a) If, after a petition has been filed, it shall appearto the Regional Director that no invest'gation shouldbe made, the Regional Director may decline to insti-tute such investigation, and close the case. If, afteran investigation has been instituted pursuant toSection 203.49, it shall appear to the Regional Di-
(rector that further investigation should not be made,he may terminate the investigation and close thecase at any time prior to Issuance of an order trans-ferring the case to the Board.
(b) If the Regional Director closes a case, pur-suant to Subsection (a) hereof, he shall so advisethe petitioner in writing, accompanied by a simplestatement of the piocedural or other grounds. Thepetitioner may obtain a review of such action byfiling a request therefor with the Board in Washing-ton, D. C., and filing a copy of such request withthe Regional Director, within ten (10) days of notifi-cation of the close of the case. The request shallcontair, a complete statement setting forth the factsand reasons upon which the request is based.
§ 203.58. Proceedings before IBoord; filing petition withBoard; investigation upon motion of Board; trans-fer of petition and proceeding from Region toBoard or to another Region; consolidation of pro-ceedings in same Region; severance; procedurebefore Board in cases over which it has assumedjurisdiction.
Whenever the Board deems it necessary in orderto effectuate the purposes of the Act, it may-
(a) permit a petition requesting an investigationand certification to be filed with it, and may upon
the filing of such petition proceed to conduct aninvestigation under Section 9 (c) of the Act," ordirect a Regional Director, or other agent or agencyto conduct such an Investigation; or
(b) upon its own motion conduct, or direct anymember, Regional Director, or other agent or agencyto conduct an investigation under Section 9 (c) ofthe Act; or
(c) at any time after a petition has been filedwith a Regional Director pursuant to Section 203.46,order that such petition and any proceeding whichmay have been instituted in respect thereto-
(1) be transferred to and continued before It, iXrthe purpose of consolidation with any proceedingwhich may have been institVted by the Board, orfor any other purpose; or
(2) be consolidated, for the purpose of hearing,or for any other purpose, with any other proceed-ing which may have been instituted in the sameRegion; or
(3) be transferred to and continued in any otherRegion, for the purpose of consolidation with anyproceeding which may have been instituted in suchother Region, or for any other purpose; or
(4) be severed from any other proceeding withwhich it may have been consolidated.
The provisions of this subpart shall insofar asapplicable, apply to proceedings conducted pur-suant to subsections (a), (b), and (c) (1) of thisSection, and the powers granted to the RegionalDirector in such provisions shall for the purposeof this Section be reserved to and exercised by theBoard, or by the Regional Director, or other agentor agency, directed to conduct the Investigation.After the transfer of any petition and any proceed-Ing which may have been instituted in respectthereto from one Region to another pursuant toSubsection (c) (3) of this Section, the provisionsof this subpart shall apply to such proceedings asif the petition had originally been filed In the Regionto which the transfer Is made.
, .t ). DESIGNATION OF REGIONAL DIREC-TORS, EXAMINERS, AND ATTORNEYS ASAGENTS OF THE BOARD
Sec.203.59. Powers and duties of Regional Directors.203.60. Powers and duties of Field Examiners.203.61. Powers and duties of attorneys.203.62. Special designation of agents.
20 Code of Federal Regulations, ch. 2, pt. 203, subpt. D,1046 Supp.
§ 203.59. Powers and duties of Regional Directors.All Regional Directors now or hereafter in the
employ of the Board are herewith designated by theBoard as its agents:
(a) To prosecute any inquiry necessary to thefunctions of the Board in accordance with section5 of the Act 2
(b) To investigate concerning the representationof employees (including the taking of secret ballots
129 U. S. C. 150.229 U. S. C. § 155.
Page 34161 203.57
Pag 29.--LABOR, APPEND 12
of employees) and conduct hearinpq in connectionwith such investigations, in accordance with Sec-tion 9 (c) of the Act.'
(c) To issue, cause to be served, and amend com-plaint3, in accordance with Section 10 (b) of theAct'.'
(d) To have access to and the right to copy evi-dence, to administer oaths and affirmations, to ex-amine witnesses, and to receive evidence, in accord-ance with Section 11 (1) of the Act.'
§ 203.60. Powers and duties of Field Examiners.All Field Examiners now or hereafter in the em-
ploy of the Board are herewith designated by theBoard as its agents:
(a) To prosecute any inquiry necessary to thefunctions of the Board, in accordance with Section5 of the Act.'
(b) To investigate concerning the representationof employees (including the taking of secret ballotsof employees) and conduct hearings in connectionwIth such investigation, in accordance with Section9 (c) of the Act
(c) To have access to and the right to copy evi-dence, and to administer oaths and affirmations, inaccordance with Section 11 (1) of the Act.'
§ 203.61. Powers and duties of attorneys.All attorneys now or hereafter in the employ of
the Board are herewith designated by the Boardas its agents:
(a) To prosecute any inquiry necessary to thefunctions of the Board, in accordance with Section5 of the Act.'
(b) To investigave concerning the representationof employees (including the taking of secret ballotsof employees) and conduct hearings in connectionwith such investigation, in accordance with Section0 (c) of the Act.'
(c) To have access to and the right to copy evi-dence, to administer oaths and affirmations, to ex-amine witnesses, and to receive evidence, in accor,!-ance with Section 11 (1) of the Act.'
§ 203.62. Special designation of agents.The foregoing designations shall not be construed
to limit the power of the Board to make such specialdesignation of agents as may in its discretion benecessary or proper to effectuate the purposes of theAct.
Subpart E. SERVICE OF PAPERS
Sec.203.65. Service of process and papers; proof of service.203.64. Same; by parties; proof of service.?03 65. Filing of proof of service.203.66. Time; additional time alter service oy mail.
29 Code of Federal Regulations, ch. 2, pt. 203, subpt. E,1946 Supp.
129 U. 13. C. § 159.229 U. 3. C. § 160.'29 U. S. C. 1161.'29 U. S. C. 155.
§203.63. Service of, process and papers; pron" Adservice.
Complaints, orders, and other process and papersof the Board, its member, agent, or agency, may beserved personally or by registered mall or by tele-graph orby leaving a copy thereof at the principaloffice or place of business of the person required tobe served. The verified return by the individual soserving the same, setting forth the manner of suchservice, shall be proof of the same, and the roturnpost-office receipt or telegraph receipt, therefor whenregistered and mailed or telegraphed as aforesaidshall be proof of service of the same,
§203.64. Same; by parties; proof of service.Service of papers by a party on other parties shall
be made by registered mail or in any manner pro-vided for the service of papers in a civil action by thelaw of the State in which the hearing is pending.When service is made by registered mail, the returnpost-office receipt shall be proof of service. Whenservice is made in any manner provided by sUch law,proof of service shall be made in accordance withsuch law.
§ 203.65. Filing of proof of service.The person or party serving the papers or process
on other pai ties in conformance with Sections 203.03and 203.64 shall make proof of service thereof to theBoard promptly and in any event within the timeduring which the parties are required to be served.Failure to make proof of service does not affect thevalidity of the service.
§203.66. Time; additional time after service by mail.In computing any period of time prescribed or al-
lowed by these rules, the day of the act, event, ordefault after which the designated period of timebegins to run, is not to be included. The last day ofthe period so computed is to be included, unless it isa Sunday or a legal holiday, in wvhich event, theperiod runs until the end of the next day, which isneither a Sunday nor a legal holiday. When the pe-riod of time prescribed or allowed is less than seven
7) days, intermediate Sundays and holidays shall beexcluded in the computation. A half holiday shallbe considered as other days and not as a holiday.Whenever a party has the right or is required to dosome act or take some proceedings within a pre-s-ribed period after service of notice or other paperupon him, and the notice or paper is served uponhim by mail, three (3) days shall be added to theprescribed period.
Subpart F. CERTIFICATION AND SIGNATURE OFDOCUMENTS
See.203.67. Certification of papers and documents.203.68. Signaturus of orders and complaints.
29 Code of Federal Regulations, ch. 2, pt. 203, subpt. F,1946 Supp.
§203.67. Certification of papers and documents.The Chief of the Order Section, or in the event of
his absence or disability whosoever may be designatedby the Board in his place and stead, shall certify
§204Y 7Page 3417
TITE.-29 -LABOR, APPENDIX
copies of all papers and documents which are a partof any of the files or records of the Board as maybe necessary or desirable from time to .time.
§ 203.68. Signatures of orders and complaints.The Chief of the Order Section, or in the event
of his absence or disability whosoever may be desig-nated by the Board In his place and stead, is herebyauthorized to sign all orders of the Board. and signand issue all complaints authorized to be issued bythe Board.
Subpart G. RECORDS AND INFORMATIONSec.20.609. Flies, records, etc. in exclusive custody of Board
and not subject to inspection; formal docu-ments and final opinions -and orders subject toinspection,
203.70. Same; Board employees prohibited from pro-ducing files, records, etc., pursuant to subpenaduces tecum, prohiblied from testifying inregard thereto.
29 Code of Federal Regulatious, ch. 2, pt. 203, subpt. 0,1046 Supp.
§203.69. Files, records, ete. in exclusive custody ofBoard and not subject to inspection; formal docu-ments and final opiuions and orders subject toinspection.
The formal documents described as the record inthe case or proceeding and defined in Sections 203.38,203.53, and 203.55 o . these Rules and Regulations arematters of official record, and are available to in-spection and exr.mination by persons properly anddirectly concerned, during usual business hours, atthe .appropriat e Regional Office of the Board or inWashington. D. C., as the case may be. True andcorrect copies thereof will be certified upon submis-sion of such copies a reasonable time In advance ofneed and payment of lawfully prescribed costs; pro-vided, however, that if the Board or the RegionalDirector with whom the documents are filed shallfind in a particular instance good cause why a mat-ter of official record should be kept confidential,such matter shall not be available for public inspec-tion or examination. Application for such inspec-tion, if desired to be made at the Board's offices inWashington, D. C., shall be made to the Chief of theOrder Section, and if desired to be made at any Re-gional Office, shall be made to the Regional Director.The Chief of the Order Section or the Regional Di-rector may, in his discretion, require that the appli-cation be made in writing and under oath and setforth the facts upon which the applicant relies toshow that he is properly and directly concerned withsuch inspection and examination. Should the Chiefof the Order Section or the Regional Director, as thecave may be, deny any such application, he shall giveprompt notice thereof, accompanied by a simplestatement of procedural or other grounds.
All final opinions or orders of the Board in the ad-Judication of cases (except those required for goodcause to be held confidential and not cited as prece-dents) and its Rules and Regulations are available topublic inspection during regular business hours atthe Board's offices in Washington, D. C. Copies maybe obtained upon request made to any Regional Of-fice of the Board at its address us published in the
Federal Register, or to the Director of Informa-tion in Washington. Subject to the provisions of ,Sections 203.27 and 203.52 (c) of these Rules andRegulations, all files, documents, reports, memo-randa, and records pertaining to the internal man-agement of the Board or to the investigation or'dis-position of charges or petitions during the nonpublicinvestigative stages of proceedings and before theinstitution of formal proceedings, and all matters ofevidence obtained by the Board or any of its agentsIn the course of investigation, which have not beenoffered In evidence at a hearing before a Trial Exam-iner or hearing officer or have not been made partof an official record by stipulation, whether in theRegional Offices of the Board or in its principal officeIn the District of Columbia, are for good cause foundby the Board held confidential and are not mattersof official record or available to pu'lic Inspection,unless permitted by the Board, its Chairman, or anyRegional Director.
§ 203.70. Same; Board employees'prohibited from pro-ducing files, records, etc., pursuant to subpenaduces tecum, prohibited from testifying in regardthereto.
No Regional Director, Field Examiner, Trial Ex-aminer, attorney, specially designated agent, mem-ber of the Board or other officer or employee of theBoard shall produce or present any files, documents,reports, memoranda, or records of the Board or tes-tify In behalf of any party to any cause pending inany court or before any Board, Commission, or otheradministrative agency of the United States or of anyState, Territory, or the District of Columbia withrespect to any information, facts, or other mattercoming to his knowledge in his official capacity orwith respect to the contents of any files, documents,reports, memoranda, or records of the Board,whether in answer to a subpena, subpena duces te-cum or otherwise, without the written consent of theBoard or the Chairman of the Board. Wheneverany subpena or subpena duces tecum calling for rec-ords or testimony as described hereinabove shallhave been served upon any such persons or otherofficer or employee of the Board, he will, unless oth-erwise expressly directed by the Board or the Chair-man of the Board, appear in answer thereto andrespectfully decline by reason of this Rule to pro-duce or present such files, documents, reports, mem-oranda or records of the Board or give such testi-mony.
Subpart H. PRACTICE BEFORE THE BOARD OFFORMER EMPLOYEES
Sec.203.71. Prohibition of practice before Board of its former
Regional employees in cases pending in Regloi,during employment.
203.72. Same; application to former employees of Wash-ton staff.
29 Code of Federal Regulations, ch. 2, pt. 203, subpt. H,1946 Supp.
§ 203.71. Prohibition of practice before Board of itsformer Regional employees in cases pending inRegion during employment.
No person who has been an employee of the Boardand attached to any of its Regional Offices shall en-
Page 3418§ 203.68
*'_b.~' LL t6WTT3E96b
gag"In practice before'the Board or ttg agents ln'any respel e qt'or' in any capacity in 'conniictlon with'an iase or 'proceeding4which was p6ndin iin any'Regional O1fee to which he'4vas attached during thetime of his employment with"'he 'B oard:
§26352.' Saihe; -application to "former employees * ofWashington staff. I '. I I •
No person who has been an employee of the Boardandii atachdd tO th' Washington staff',shall ngagein practice before the Board or its agerts in anyre-
' speqt,0r in any capacity in connection with any caseor proceeding pending before the Board or anyjle-gional Offices during the time of his employment,with the Board. , .,
Subpart I. CONSTRUCTION' OF RULESSec.203.73.' Rules to be liberally, construed.
29 Code of Federal ,ReI ulations, ch. 2. pt, 203. aubpt. I.1940 Supp.
§ 203.73. Rules to be liberally construed.These Ruleq and Regulations shall be liberally
construed to effectuate the purposes, and provisionsof the Act. '
Subpart J. ENFORCEMENT, OF RIGHTS,', PRIVI-LEGES, AND IMMUNITIES GRANTED OR GUAR-ANTEED UNDER SECTION 222 (f), COMMUNI-CATIONS ACT OF 1934# AS A ENDED, TO'EMPLOYEES OF MERGED TELEG IAPH CAR-RIERS
See.203.74. Pules applicable to enforcement of rights and
privileges.]29 Code of Federal Regulations,'6h. 2, 'pt. 203. subpt. J,
1946 Supp.
§ 203.74. [Rules applicable to enforcement of rightsand privileges] I
All matters relating to'theenforcement of rights;privileges, or imihunities granted or guaranteed un-der Section 222 (f) of the Communications Act of1934,"'as amended, shall b6 governed by the provi-'sions of Subparts A, B, D, E, 1, G, H,I, 'and K ofthese Rules and Regulations, insofar as applicable,except that reference in Subpart B to "unfair laborpractices" or "unfair labor practices affecting com-merce" shall for the, purposes of this Article meanthe denial of any rights, privileges, or. immunitiesgranted or guaranteed under Section 222 (f), of theCommunication Act of 19341 as amended.
Subpart K. AMENDMENTSSee. I203.75. Amendment or rescission of rules.203.70. Petitions for issuance, amendment or repeal of
rules.203.77. Action on petition.
29 Code of Federal Regulations, ch. 2, pt. 203, subpt. K,1040 Supp.
§ 203.75. Amendment or rescission of rules.Any rule or regulation may be amended or
rescindtd by the Board at any time.
47 U. S. C. § 222, (f).Section' enacted Without a catchlin/o which has been
supplied oy editor.'41 U. S. C. § 222 (f),
045060-48-vol. 3- 25
§ 203. 76. Petitions for Issugnce, amendment or repelof rules. , ,
Anylinterested person any A petition, the 'Board,ih witing,' for the' issttarice, amendment or repealof a rul or, gulaton, , A orinalarI three copiesof such pet'.tion shall be filed, with' the Board inWashington, D. C., and shall state the rule or regiUli&-,tion' 'proposed to be issued, amended -'or repealed,together vwith a st'atement ofgrounds ,ir support ofsuch petitlon,;- , ,, . '
§ 203.77. Action on petition.Upon the' filing of sUi~h'petItion,! the Board shall'
consider the same, and may thereupon either grantor deny the petition' in whole or In part,'conductan, appropriate 4earjig,threon, or make other dis-position of the petition. Should the petition bedeniedin whole 6 in'pai't, pi plnp n &Ice shall' e'given of the denial, accompanied by'a simple state-ment of the grounds 'inless, the dehial is self-explanatory.. ... , I. , I I ' '
Rules and -Regulations Implementing Fair LaborStandards Act As Amended to April 5, 1944
Part516. Records To Be Kept,' ,520. Part-Time Employment of Student-Learners in Vo-
cational Training 1rograms. , ' F
5;1. Employment o Apprentices,522.' Employmeit o; Learners.523. Employment of Messengers.524. Employment of Handicapped Persons.)525. Employment of Handicapped'Clients in Sheltered
Workshops. I ,526. Industries of a Seasonal Nature. '531. Reasonable Cost of Board, Lodging and Other Facll-,1 4tte . , , , , ., , I536. Defining the Term. Area of Production". ,541; 'Defining and Delimiting'the Terms'"Any Employee
- ' :mployed'in a Bona FId6 Executive,'Adminitra-tive, Professional, or, Local Retailing Capacity, orin the;C1%paoity of Outside Salesman". , I .
"FairLaborStandads'Ac 29 U.'S. :, § § 201-210'
Part 516. RECORDS TO',BEI KEPT," '' . dENERAL REQUIREMEBN TS
See.510,1. R.ecords.
II.' EMPLOYEE INFORMATION AND 'DATA: TO BICONTAINED IN EMPLOYERS' RECORDS
516.2. Employees subject to minimum wage and 40-hour week overtime provislons-sections 6and 7 (a). ,, , l
510.3,, Employees under certain union agreements'whoare to be paid for overtime over l2 hours aday or 56 hours a week as'provided in section'7 (b) (1) or7 (b) (2).
516.4. Employees subject to minimum wage (section 0)'and overtime provisions covering "seasonal in-dustres" as provided in section 7 (b) (3).
516.5. Employees of employers operating under the 14workweek total' exemption from section 7 '(a)as provided by section 7 (c). . 1
516.0. Employees totally exempt from overtime paymentpursuant to part of section 7 (c) and sections13 (b) (1) and 13 (b) (2).
516.7. Bona fide executive, administrative, professional,local retail, outqido salesemployees as referredto in section 13 (a) (1).
'So ia original.
§ ift.17