29 C.F.R. § 102.91

Compliance with determination; further proceedings

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If, after issuance of the determination by the Board, the parties submit to the Regional Director satisfactory evidence that they have complied with the determination, the Regional Director will dismiss the charge. If no satisfactory evidence of compliance is submitted, the Regional Director will proceed with the charge under Section 8(b)(4)(D) and Section 10 of the Act and the procedure prescribed in §§ 102.9 through 102.51 will, insofar as applicable, govern. However, if the Board determination is that employees represented by a Charged Union are entitled to perform the work in dispute, the Regional Director will dismiss the charge as to that union irrespective of whether the employer has complied with that determination.

Notes of Decisions
Cited in 5 cases, 1964–1981 · leading case: Int'l Union of Operating Engineers, Local No. 714 v. Sullivan Transfer, Inc., 650 F.2d 669 (5th Cir. 1981).
Int'l Union of Operating Engineers, Local No. 714 v. Sullivan Transfer, Inc., 650 F.2d 669 (5th Cir. 1981). · cites it 2× “1974); 29 C.F.R. § 102.91 (1980). 11 . See 2 K. Davis, Administrative Law Treatise § 18.”
Int'l Tel. & Tel. Corp., Commc'ns Equip. & Sys. Div. v. Local 134, Int'l Bhd. of Elec. Workers, 419 U.S. 428 (1975). “29 CFR § 102.91 . If the Board determination is adverse to the charged union and the union accedes, the § 8 (b) (4) (D) charge will be dismissed and the General Counsel will not issue a complaint.”
Acmat Corp. v. Int'l Union of Operating Engineers, Local 478, 442 F. Supp. 772 (D. Conn. 1977). “See 29 C.F.R. § 102.91 ; ITT Corp. v. Local 134, IBEW, supra, 419 U.”
Bechtel Corp. v. Local 215, Laborers' Int'l Union, 405 F. Supp. 370 (M.D. Penn. 1975). “Moreover, a union’s acquiescence in an order of the NLRB awarding disputed work to the rival union or other group of employees —which would for a defense in an unfair labor practice proceeding, see 29 CFR § 102.91 is no defense to a § 303 suit for damages caused by a strike…”
Nat'l Labor Relations Bd. v. Local 991, Int'l Longshoremen's Ass'n, AFL-CIO, 332 F.2d 66 (5th Cir. 1964). “29 C.F.R. § 102.91 provides : “If, after issuance of the determination by the Board, the parties submit to the regional director satisfactory evidence that they have complied with the determination, the regional director shall dismiss the charge.”
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