29 C.F.R. § 101.5
Withdrawal of charges
If investigation reveals that there has been no violation of the National Labor Relations Act or the evidence is insufficient to substantiate the charge, the Regional Director recommends withdrawal of the charge by the person who filed. Withdrawal may also be requested on the initiative of the complainant. If the complainant accepts the recommendation of the Regional Director or requests withdrawal, the respondent is immediately notified of the withdrawal of the charge.
Notes of Decisions
Cited in 6
cases, 1963–1993 · leading case: Gulf States Mfrs., Inc. v. Nat'l Labor Relations Bd., 598 F.2d 896 (5th Cir. 1979).
Gulf States Mfrs., Inc. v. Nat'l Labor Relations Bd., 598 F.2d 896 (5th Cir. 1979). “There may be a unilateral request by the complainant for withdrawal of charges, 29 C.F.R. § 101.5 , which may or may not be part of a settlement between the parties, and, if there is a settlement agreement, it is not necessarily revealed to the Regional Director.”
Amalgamated Ass'n of Street, Elec. Ry. & Motor Coach Employees of Am. v. Lockridge, 403 U.S. 274 (1971). “” 29 CFR § 101.5 . If the complaining party does not withdraw the charge, the Regional Director dismisses it.”
Dist. Lodge 64, Int'l Ass'n of Machinists & Aerospace Workers v. Nat'l Labor Relations Bd., 949 F.2d 441 (D.C. Cir. 1991). “…voluntarily to withdraw the charge; if the charging party refuses, then the General Counsel dismisses the charge. See 29 CFR §§ 101.5 , 101.6.”
Davis Supermarkets, Inc. v. Nat'l Labor Relations Bd., 2 F.3d 1162 (D.C. Cir. 1993). “29 C.F.R. § 101.5 . The Company cannot credibly contend that a claim that makes it through this gauntlet does not concern conduct “arguably” protected by the NLRA.”
Meekins, Inc. v. Boire, 320 F.2d 445 (5th Cir. 1963). “29 C.F.R. §§ 101.5 and 101.6. If the Regional Director refuses to issue the complaint “the person making the charge may obtain a review of such action by filing a request therefor with the general counsel in Washington, D.”
Meekins, Inc. v. Harold A. Boire, Reg'l Dir., Twelfth Region, Nat'l Labor Relations Bd., Cone Bros. Contracting Co. v. Harold A. Boire, Reg'l Dir., Twelfth Region, Nat'l Labor Relations Bd., 320 F.2d 445 (5th Cir. 1963). “29 C.F.R. 101.5 and 101.6. If the Regional Director refuses to issue the complaint 'the person making the charge may obtain a review of such action by filing a request therefor with the general counsel in Washington, D.”
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