C.F.R. » Title 29 » CHAPTER I—NATIONAL LABOR RELATIONS BOARD › PART 101—STATEMENTS OF PROCEDURES › Subpart F—Jurisdictional Dispute Cases Under Section 10(k) of the Act

29 C.F.R. § 101.34

Hearing

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If the parties have not adjusted the dispute or agreed upon methods of voluntary adjustment, a hearing, usually open to the public, is held before a hearing officer. The hearing is nonadversary in character, and the primary interest of the hearing officer is to insure that the record contains as full a statement of the pertinent facts as may be necessary for a determination of the issues by the Board. All parties are afforded full opportunity to present their respective positions and to produce evidence in support of their contentions. The parties are permitted to argue orally on the record before the hearing officer. At the close of the hearing, the case is transmitted to the Board for decision. The hearing officer prepares an analysis of the issues and the evidence, but makes no recommendations in regard to resolution of the dispute.

Notes of Decisions
Cited in 4 cases, 1973–2005 · leading case: Int'l Tel. & Tel. Corp. v. Local 134, Int'l Bhd. of Elec. Workers, 419 U.S. 428 (1975).
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Int'l Tel. & Tel. Corp. v. Local 134, Int'l Bhd. of Elec. Workers, 419 U.S. 428 (1975). · cites it 2× “” 29 CFR § 101.34 . Streamlined procedures were both designed and justified because “the decision in the proceedings under Section 10 (k) is a preliminary administrative, determination made for the purpose of attempting to resolve a dispute within the meaning of that section;…”
Int'l Union of Operating Engineers v. Sullivan Transfer, Inc., 650 F.2d 669 (5th Cir. 1981). “Rules and Regulations, 29 C.F.R. § 101.34 (1980): If the parties have to adjusted the dispute or agreed upon methods of voluntary adjustment, a hearing, usually open to the public, is held before a hearing officer.”
Shell Chem. Co. v. Teamsters LU No. 676, 353 F. Supp. 480 (D.N.J. 1973). “This is promulgated in 29 C.F.R. 101.34 which states: See. 101.34 Hearing — If the parties have not adjusted the dispute or agreed upon methods of voluntary adjustment, a hearing, usually open to the public, is held before a hearing officer.”
Recon Refractory & Constr. Inc. v. Nat'l Labor Relations Bd., 424 F.3d 980 (9th Cir. 2005). “29 C.F.R. §§ 101.34 , 102.90. On July 24, 2003, the Board granted the Bricklayers’ motion to quash notice of hearing.”
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