[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: 29CFR101.18]

[Page 22]
 
                             TITLE 29--LABOR
 
                CHAPTER I--NATIONAL LABOR RELATIONS BOARD
 
PART 101_STATEMENTS OF PROCEDURES--Table of Contents
 
    Subpart C_Representation Cases Under Section 9(c) of the Act and 
  Petitions for Clarification of Bargaining Units and for Amendment of 
              Certifications Under Section 9(b) of the Act
 
Sec. 101.18  Investigation of petition.

    (a) Upon receipt of the petition in the Regional Office, it is 
docketed and assigned to a member of the staff, usually a field 
examiner, for investigation. The field examiner conducts an 
investigation to ascertain (1) whether the employer's operations affect 
commerce within the meaning of the Act, (2) the appropriateness of the 
unit of employees for the purposes of collective bargaining and the 
existence of a bona fide question concerning representation within the 
meaning of the Act, (3) whether the election would effectuate the 
policies of the Act and reflect the free choice of employees in the 
appropriate unit, and (4) whether, if the petitioner is a labor 
organization seeking recognition, there is a sufficient probability, 
based on the evidence of representation of the petitioner, that the 
employees have selected it to represent them. The evidence of 
representation submitted by the petitioning labor organization or by the 
person seeking decertification is ordinarily checked to determine the 
number or proportion of employees who have designated the petitioner, it 
being the Board's administrative experience that in the absence of 
special factors the conduct of an election serves no purpose under the 
statute unless the petitioner has been designated by at least 30 percent 
of the employees. However, in the case of a petition by an employer, no 
proof of representation on the part of the labor organization claiming a 
majority is required and the Regional Director proceeds with the case if 
other factors require it unless the labor organization withdraws its 
claim to majority representation. The field examiner, or other member of 
the staff, attempts to ascertain from all interested parties whether or 
not the grouping or unit of employees described in the petition 
constitutes an appropriate bargaining unit. The petition may be amended 
at any time prior to hearing and may be amended during the hearing in 
the discretion of the hearing officer upon such terms as he or she deems 
just.
    (b) The petitioner may on its own initiative request the withdrawal 
of the petition if the investigation discloses that no question of 
representation exists within the meaning of the statute, because, among 
other possible reasons, the unit is not appropriate, or a written 
contract precludes further investigation at that time, or where the 
petitioner is a labor organization or a person seeking decertification 
and the showing of representation among the employees is insufficient to 
warrant an election under the 30-percent principle stated in paragraph 
(a) of this section.
    (c) For the same or similar reasons the Regional Director may 
request the petitioner to withdraw its petition. If the petitioner, 
despite the Regional Director's recommendations, refuses to withdraw the 
petition, the Regional Director then dismisses the petition, stating the 
grounds for dismissal and informing the petitioner of its right of 
appeal to the Board in Washington, DC. The petition may also be 
dismissed in the discretion of the Regional Director if the petitioner 
fails to make available necessary facts which are in its possession. The 
petitioner may within 14 days appeal from the Regional Director's 
dismissal by filing such request with the Board in Washington, DC; after 
a full review of the file with the assistance of its staff, the Board 
may sustain the dismissal, stating the grounds of its affirmance, or may 
direct the Regional Director to take further action.