C.F.R. » Title 29 » CHAPTER I—NATIONAL LABOR RELATIONS BOARD › PART 101—STATEMENTS OF PROCEDURES › Subpart B—Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases

29 C.F.R. § 101.6

Dismissal of charges and appeals to the General Counsel

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If the complainant refuses to withdraw the charge as recommended, the Regional Director dismisses the charge. The Regional Director thereupon informs the parties of this section, together with a simple statement of the grounds therefor, and the complainant's right of appeal to the General Counsel in Washington, DC, within 14 days. If the complainant appeals to the General Counsel, the entire file in the case is sent to Washington, DC, where the case is fully reviewed by the General Counsel with staff assistance. Oral presentation of the appeal issues may be permitted a party on timely written request, in which event the other parties are notified and afforded a like opportunity at another appropriate time. Following such review, the General Counsel may sustain the Regional Director's dismissal, stating the grounds of affirmance, or may direct the Regional Director to take further action.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1971–2023 · leading case: Nat'l Labor Relations Bd. v. United Food & Com. Workers Union, Local 23, 484 U.S. 112 (1987).
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Nat'l Labor Relations Bd. v. United Food & Com. Workers Union, Local 23, 484 U.S. 112 (1987). · cites it 4× “29 CFR § 101.6 (1987). [8] Alternatively, the regional director may enter into an "informal settlement" agreement with the charged party.”
Nat'l Labor Relations Bd. v. Sears, Roebuck & Co., 421 U.S. 132 (1975). · cites it 2× “29 CFR §§ 101.6 , 101.8, 102.16, 102.19. In such a case, the charging party will also be informed of his right to appeal within 10 days to the Office of the General Counsel in Washington, D.”
Amalgamated Ass'n of Street, Elec. Ry. & Motor Coach Employees of Am. v. Lockridge, 403 U.S. 274 (1971). “29 CFR § 101.6 . Following dismissal, the complainant has 10 days to appeal the decision to the General Counsel who reviews the decision.”
Vick v. Bd. of Elec. Examiners, 626 P.2d 90 (Alaska 1981). “The court held that in order to determine whether the Secretary exercised his discretion consistently with the underlying law, and not arbitrarily, it would require the Secretary to give a more ample written explanation of his inaction.”
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). “The union’s argument that the decision to dismiss a complaint is not ’’final” and therefore does not assure the parties that the case has been concluded is meritless.”
Remington Lodging & Hosp., LLC v. Ahearn, 749 F. Supp. 2d 951 (D. Alaska 2010). “Ct 413 (citing 29 C.F.R. § 101.6 ). 63 . See id. 64 . Sparks v.”
Kent Corp. v. Nat'l Labor Relations Bd., 530 F.2d 612 (5th Cir. 1976). “If the charge has no merit in the Regional Director’s judgment, the charging party will be so informed by letter *616 with a brief explanation of the reasons.”
Poletto v. United States (D. Colo. 2023). “§ 160 ; 29 C.F.R. §§ 101.6 , 101.8. Because this is established governmental policy, decisions that exercise such discretion are presumed to be grounded in policy.”
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