29 C.F.R. § 102.68
Record in pre-election proceeding; what constitutes; transmission to Board
The record in a proceeding conducted pursuant to the foregoing section shall consist of: the petition, Notice of Hearing with affidavit of service thereof, statements of position, responses to statements of position, offers of proof made at the pre-election hearing, motions, rulings, orders, the stenographic report of the hearing and of any oral argument before the Regional Director, stipulations, exhibits, affidavits of service, and any briefs or other legal memoranda submitted by the parties to the Regional Director or to the Board, and the decision of the Regional Director, if any. Immediately upon issuance of an order granting a request for review by the Board, the Regional Director shall transmit the record to the Board.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1969–2021 · leading case: Nat'l Labor Relations Bd. v. Ara Servs., Inc., 717 F.2d 57 (3rd Cir. 1983).
Nat'l Labor Relations Bd. v. Ara Servs., Inc., 717 F.2d 57 (3rd Cir. 1983). “On September 15, 1981, the Board amended its Rules and Regulations at 29 CFR Sections 102.68 and 102.69 pertaining to procedures applicable to disposition of objections to an election.”
Nat'l Labor Relations Bd. v. Osborn Transp., Inc., 589 F.2d 1275 (5th Cir. 1979). “The rule relied on by the court was found in 29 C.F.R. § 102.68 : The record in the proceeding shall consist of: The petition, notice of hearing, with affidavit of service thereof, motions, rulings, orders, the stenographic report of the hearing and of any oral arguments before…”
Nat'l Labor Relations Bd. v. Eskimo Radiator Mfg. Co., 688 F.2d 1315 (9th Cir. 1982). “See 29 C.F.R. § 102.68 3 and § 102.69(g) 4 . Assuming that the regional director failed to include Eskimo Radiator’s affidavits in the record, the error was harmless.”
Nat'l Labor Relations Bd. v. Dobbs House, Inc., 613 F.2d 1254 (5th Cir. 1980). “The Regional Director did not forward to the Board the letter of August 18 from Dobbs, the Jackson affidavit, the letters of October 18 and 29, or any other affidavits, memoranda, notes or correspondence the Regional Director obtained or received during his administrative…”
Nat'l Labor Relations Bd. v. Klingler Elec. Corp., Klingler Elec. Div. & Klingler Mfg. Div., 656 F.2d 76 (5th Cir. 1981). “29 C.F.R. §§ 102.68 & 102.69(g) (1977). Since those amendments effectively overruled Portland Cement, this court has on at least three occasions declined to decide whether employee affidavits submitted by the parties were “documentary evidence” required by § 102.”
The Am. Bottling Co. v. NLRB, 992 F.3d 1129 (D.C. Cir. 2021). “1981); see also 29 C.F.R. § 102.68 (defining record in pre- election proceeding).”
Nat'l Labor Relations Bd. v. North Elec. Co., Plant No. 10, 644 F.2d 580 (6th Cir. 1981). “1981) at 960-61: The regulations that the Board has allegedly violated are found at 29 C.F.R. §§ 102.68 and 102.69(g). Together they state that stipulations, documentary evidence, transcripts of oral arguments before the Regional Director, exhibits, affidavits, etc.”
Nat'l Labor Relations Bd. v. Curtis Noll Corp., Curtis Indus. Div., 634 F.2d 1027 (6th Cir. 1980). “29 C.F.R. § 102.68 . This Court is hampered in its review of the Board’s decision as the evidence relied upon by the Regional Director was not transmitted to the Board, and hence was *1029 not transmitted to this Court.”
Nat'l Labor Relations Bd. v. Howard Johnson Motor Lodge, 705 F.2d 932 (7th Cir. 1983). “See 29 C.F.R. § 102.68 (1982). The Board, therefore, will have a complete record on which to base its decision.”
United States v. Joseph Krause, 507 F.2d 113 (5th Cir. 1975). “Moreover, 29 CFR § 102.68 states that the “record in the proceedings shall consist of .”
Nat'l Labor Relations Bd. v. Catalytic Indus. Maint. Co. (Cimco), 964 F.2d 513 (5th Cir. 1992). “See 29 C.F.R. § 102.68 (1990) (defining record on review as including “the petition, notice of hearing with affidavit of service thereof, motions .”
Randall, Burkart/randall Div. of Textron, Inc. v. Nat'l Labor Relations Bd., 638 F.2d 957 (6th Cir. 1981). “The regulations that the Board has allegedly violated are found at 29 C.F.R. §§ 102.68 and 102.69(g). Together they state that stipulations, documentary evidence, transcripts of oral arguments before the Regional Director, exhibits, affidavits, etc.”
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