C.F.R. » Title 29 » CHAPTER I—NATIONAL LABOR RELATIONS BOARD › PART 102—RULES AND REGULATIONS, SERIES 8 › Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices

29 C.F.R. § 102.38

Rights of parties

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Any party has the right to appear at the hearing in person, by counsel, or by other representative, to call, examine, and cross-examine witnesses, and to introduce into the record documentary or other evidence, except that the Administrative Law Judge may limit the participation of any party as appropriate. Documentary evidence must be submitted in duplicate for the record with a copy to each party.

Notes of Decisions
Cited in 8 cases, 1966–1990 · leading case: State Bar v. Cramer
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State Bar v. Cramer (1976) mich · cites it 2× “59; National Labor Relations Board, 29 CFR 102.38. See also Social Security Administration, 20 CFR 416.”
National Labor Relations Board v. Miami Coca-Cola Bottling Company (1966) ca5 “Administrative Procedure Act, § 7(c); see also NLRB Rules and Regulations, 29 C.F.R. § 102.38 (1959). Determination of what cross-examination is necessary is within the discretion of the hearing examiner- — but his sound, judicial discretion.”
Kellwood Company, Ottenheimer Bros. Mfg. Div., Peititioern v. National Labor Relations Board, International Ladies' Garm (1969) ca8 “29 C.F.R. 102.38 and 101.10(b)(2). He is entitled to be heard by the Examiner and the Board and is entitled to a review of an adverse Board decision by the Court of Appeals.”
International Union of Electrical, Radio and MacHine Workers, Afl-Cio v. National Labor Relations Board, Tiidee Products (1974) cadc “8 (1973)) permitted fully to litigate the case at the hearing (29 C.F.R. 102.38 (1973)) and before the Board, may file a charge based on totally false facts or raise totally frivolous issues for the purpose of infringing an employer's protected rights and yet, if the Board…”
International Union of Electrical, Radio & Machine Workers v. National Labor Relations Board (1974) cadc “8 (1973)) permitted fully to litigate the case at the hearing ( 29 C.F.R. § 102.38 (1973)) and before the Board, may file a charge based on totally false facts or raise totally frivolous issues for the purpose of infringing an employer’s protected rights and yet, if the Board…”
Local Union No. 742, United Brotherhood of Carpenters and Joiners of America v. National Labor Relations Board (1967) cadc · cites it 2× “Series 8, 29 C.F.R. § 102.38 . At the opening of the hearing the Trial Examiner asked counsel and “other representatives for the parties” to state their names.”
National Labor Relations Board v. Washington Heights-West Harlem-Inwood Mental Health Council, Inc. (1990) ca2 “See 29 C.F.R. § 102.38 (1989). In a real sense, the Center’s objection — that it was given too much responsibility to present its own case — is that it was afforded too much, not too little, due process.”
Kellwood Co. v. National Labor Relations Board (1969) ca8 “29 C.F.R. 102.38 and 101.10(b) (2). He is entitled to be heard by the Examiner and the Board and is entitled to a review of an adverse Board decision by the Court of Appeals.”
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