C.F.R. » Title 29 » CHAPTER I—NATIONAL LABOR RELATIONS BOARD › PART 102—RULES AND REGULATIONS, SERIES 8 › Subpart E—Procedure for Unfair Labor Practice and Representation Cases Under Sections 8(b)(7) and 9(c) of the Act

29 C.F.R. § 102.81

Review by the general counsel of refusal to proceed on charge; resumption of proceedings upon charge held during pendency of petition; review by the general counsel of refusal to proceed on related charge

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Where an election has been directed by the Regional Director or the Board in accordance with the provisions of §§ 102.77 and 102.78, the Regional Director shall decline to issue a complaint on the charge, and he/she shall so advise the parties in writing, accompanied by a simple statement of the procedural or other grounds for his/her action. The person making the charge may obtain a review of such action by filing an appeal with the general counsel in Washington, DC, and filing a copy of the appeal with the regional director, within 7 days from the service of the notice of such refusal by the regional director. In all other respects the appeal shall be subject to the provisions of § 102.19. Such appeal shall not operate as a stay of any action by the regional director.

(b) Where an election has not been directed and the petition has been dismissed in accordance with the provisions of § 102.80, the regional director shall resume investigation of the charge and shall proceed in accordance with § 102.74.

(c) If in connection with an 8(b)(7) proceeding, unfair labor practice charges under other sections of the Act have been filed and the Regional Director upon investigation has declined to issue a complaint upon such charges, he/she shall so advise the parties in writing, accompanied by a simple statement of the procedural or other grounds for his/her action. The person making such charges may obtain a review of such action by filing an appeal with the general counsel in Washington, DC, and filing a copy of the appeal with the regional director, within 7 days from the service of the notice of such refusal by the regional director. In all other respects the appeal shall be subject to the provisions of § 102.19.

[32 FR 9550, July 1, 1967, as amended at 51 FR 23749, July 1, 1986; 82 FR 43699, Sept. 19, 2017]
Notes of Decisions
Cited in 2 cases, 1954–2015 · leading case: Nat'l Labor Relations Bd. Ex Rel. United Food & Com. Workers Int'l Union v. Fresh & Easy Neighborhood Mkt., Inc., 805 F.3d 1155 (9th Cir. 2015).
Sort: Relevance Newest Treatment
Nat'l Labor Relations Bd. Ex Rel. United Food & Com. Workers Int'l Union v. Fresh & Easy Neighborhood Mkt., Inc., 805 F.3d 1155 (9th Cir. 2015). “§ 161 ; 29 C.F.R. § 102.81 (b). Fresh & Easy contends that it missed the filing deadline because the Union did not serve Fresh & Easy’s counsel of record with a copy of the subpoena; only the party was served.”
Nat'l Labor Relations Bd. v. Pesante, 119 F. Supp. 444 (S.D. Cal. 1954). “By the correct calculations made under 29 C.F.R. § 102.81 and § 102.83, the time to have filed the petition to revoke the subpoenas would have expired on October 8, 1953.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.