[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR101.16]

[Page 20-21]
 
                             TITLE 29--LABOR
 
                CHAPTER I--NATIONAL LABOR RELATIONS BOARD
 
PART 101_STATEMENTS OF PROCEDURES--Table of Contents
 
Subpart B_Unfair Labor Practice Cases Under Section 10 (a) to (i) of the 
                   Act and Telegraph Merger Act Cases
 
Sec. 101.16  Backpay proceedings.

    (a) After a Board order directing the payment of backpay has been 
issued or after enforcement of such order by a court judgment, if 
informal efforts to dispose of the matter prove unsuccessful, the 
Regional Director then has discretion to issue a ``backpay 
specification'' in the name of the Board and a

[[Page 21]]

notice of hearing before an administrative law judge, both of which are 
served on the parties involved. The specification sets forth 
computations showing gross and net backpay due and any other pertinent 
information. The respondent must file an answer within 21 days of the 
receipt of the specification, setting forth a particularized statement 
of its defense.
    (b) In the alternative, the Regional Director, under the 
circumstances specified above, may issue and serve on the parties a 
notice of hearing only, without a specification. Such notice contains, 
in addition to the time and place of hearing before an administrative 
law judge, a brief statement of the matters in controversy.
    (c) The procedure before the administrative law judge or the Board, 
whether initiated by the ``backpay specification'' or by notice of 
hearing without backpay specification, is substantially the same as that 
described in Sec. Sec. 101.10 to 101.14, inclusive.