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. § 101.7

Settlements

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Before any complaint is issued or other formal action taken, the Regional Director affords an opportunity to all parties for the submission and consideration of facts, argument, offers of settlement, or proposals of adjustment, except where time, the nature of the proceeding, and the public interest do not permit. Normally prehearing conferences are held, the principal purpose of which is to discuss and explore such submissions and proposals of adjustment. The Regional Office provides Board-prepared forms for such settlment agreements, as well as printed notices for posting by the respondent. These agreements, which are subject to the approval of the Regional Director, provide for an appeal to the General Counsel, as described in § 101.6, by a complainant who will not join in a settlement or adjustment deemed adequate by the Regional Director. Proof of compliance is obtained by the Regional Director before the case is closed. If the respondent fails to perform the obligations under the informal agreement, the Regional Director may determine to institute formal proceedings.

Notes of Decisions
Cited in 10 cases, 1968–2020 · leading case: Gulf States Mfrs., Inc. v. Nat'l Labor Relations Bd., 598 F.2d 896 (5th Cir. 1979).
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Gulf States Mfrs., Inc. v. Nat'l Labor Relations Bd., 598 F.2d 896 (5th Cir. 1979). · cites it 3× “This informal settlement procedure is covered by 29 C.F.R. § 101.7 . “Proof of compliance is obtained by the regional director before the case is closed.”
Nat'l Labor Relations Bd. v. Local 264, Laborers' Int'l Union of North Am., 529 F.2d 778 (8th Cir. 1976). “29 C.F.R. § 101.7 (1975). It is only after these informal means have failed to resolve the unfair labor practice charge that the General Counsel may decide to initiate more formal adjudicatory proceedings with the issuance of a complaint.”
Plumbers & Pipefitters Local Union No. 520 v. Nat'l Labor Relations Bd., Ue & C-Catalytic, Inc., Intervenor, 955 F.2d 744 (D.C. Cir. 1992). “Lastly, Local 520 contends that the fourth Alpha Beta/Postal Service criterion is not met in this case because the unfair labor practice issue was not “considered” by the parties in reaching the settlement agreement.”
The Louis-Allis Co. v. Nat'l Labor Relations Bd., 463 F.2d 512 (7th Cir. 1972). “’s Statement of Procedures ( 29 C.F.R. § 101.7 ) provides in pertinent part: “Before any complaint is issued or other formal action taken, the regional director affords an opportunity to all parties for the submission and consideration of facts, arguments, offers of settlement,…”
U.S. Contractors, Inc. v. Nat'l Labor Relations Bd., 697 F.2d 692 (5th Cir. 1983). “See 29 C.F.R. §§ 101.7 , .9 (1982) (covering settlement procedures).”
Emhart Indus. v. Nat'l Labor Relations Bd., 907 F.2d 372 (2d Cir. 1990). “Moreover, board procedures are designed to encourage voluntary settlement before issuance of the complaint, see 29 C.F.R. § 101.7 , and at every subsequent stage of the proceedings.”
Doe v. Google, Inc. (Cal. Ct. App. 2020). · cites it 2× “( 29 C.F.R. §§ 101.7 , 101.9(b)(2).) Moreover, any informality would serve only to highlight the risk of interference.”
Amalgamated Clothing & Textile Workers Union v. Stand.-Coosa-Thatcher Carpet Yarn Div., Inc., 516 F. Supp. 1078 (N.D. Ala. 1981). “Subsequent to the execution of the settlement agreement by both the union and the employer, the agreement was approved on March 1, 1979, by the NLRB Regional Director; this approval is required by 29 C.F.R. § 101.7 and the terms of the agreement itself.”
Nat'l Labor Relations Bd. v. N. California Dist. Council of Hod Carriers & Common Laborers of Am., 389 F.2d 721 (9th Cir. 1968). “29 C.F.R. §§ 101.7 , 101.9 (1967). Quite clearly the procedural effect of such an agreement is within its domain.”
Nat'l Labor Relations Bd. v. San Francisco Labor Council, Afl-Cio, 475 F.2d 1125 (9th Cir. 1973). “Settlement of unfair labor practice charges is to be encouraged, and we note that the Board itself provides for and encourages both informal and formal settlement agreements ( 29 C.F.R. §§ 101.7 and 101.9). The informal settlement agreement in question here was not executed by…”
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