[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: 29CFR101.19]

[Page 22-24]
 
                             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. 101.19  Consent adjustments before formal hearing.

    The Board has devised and makes available to the parties three types 
of informal consent procedures through which representation issues can 
be resolved without recourse to formal procedures. These informal 
arrangements are commonly referred to as consent-election agreement 
followed by Regional Director's determination, stipulated election 
agreement followed by Board certification, and full consent agreement, 
in which the parties agree that all pre- and postelection disputes will 
be resolved with finality by the Regional Director. Forms for use in 
these informal procedures are available in the Regional Offices.
    (a)(1) The consent-election agreement followed by the Regional 
Director's determination of representatives is one method of informal 
adjustment of representation cases. The terms of the agreement providing 
for this form

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of adjustment are set forth in printed forms, which are available upon 
request at the Board's Regional Offices. Under these terms the parties 
agree with respect to the appropriate unit, the payroll period to be 
used as the basis of eligibility to vote in an election, and the place, 
date, and hours of balloting. A Board agent arranges the details 
incident to the mechanics and conduct of the election. For example, the 
Board agent usually arranges preelection conferences in which the 
parties check the list of voters and attempt to resolve any questions of 
eligibility. Also, prior to the date of election, the holding of such 
election shall be adequately publicized by the posting of official 
notices in the establishment whenever possible or in other places, or by 
the use of other means considered appropriate and effective. These 
notices reproduce a sample ballot and outline such election details as 
location of polls, time of voting, and eligibility rules.
    (2) The actual polling is always conducted and supervised by Board 
agents. Appropriate representatives of each party may assist them and 
observe the election. As to the mechanics of the election, a ballot is 
given to each eligible voter by the Board's agents. The ballots are 
marked in the secrecy of a voting booth. The Board agents and authorized 
observers have the privilege of challenging for reasonable cause 
employees who apply for ballots.
    (3) Customarily the Board agents, in the presence and with the 
assistance of the authorized observers, count and tabulate the ballots 
immediately after the closing of the polls. A complete tally of the 
ballots is made available to the parties upon the conclusion of the 
election.
    (4) If challenged ballots are sufficient in number to affect the 
results of the election, the Regional Director conducts an investigation 
and rules on the challenges. Similarly, if objections to the conduct of 
the election are filed within 7 days after the tally of ballots has been 
prepared, the Regional Director likewise conducts an investigation and 
rules on the objections. If, after investigation, the objections are 
found to have merit, the Regional Director may void the election results 
and conduct a new election.
    (5) This form of agreement provides that the rulings of the Regional 
Director on all questions relating to the election (for example, 
eligibility to vote and the validity of challenges and objections) are 
final and binding. Also, the agreement provides for the conduct of a 
runoff election, in accordance with the provisions of the Board's Rules 
and Regulations, if two or more labor organizations appear on the ballot 
and no one choice receives the majority of the valid votes cast.
    (6) The Regional Director issues to the parties a certification of 
the results of the election, including certifications of representative 
where appropriate, with the same force and effect as if issued by the 
Board.
    (b) The stipulated election agreement followed by a Board 
determination provides that disputed matters following the agreed-upon 
election, if determinative of the results, can be the basis of a formal 
decision by the Board instead of an informal determination by the 
Regional Director, except that if the Regional Director decides that a 
hearing on objections or challenged ballots is necessary the Director 
may direct such a hearing before a hearing officer, or, if the case is 
consolidated with an unfair labor practice proceeding, before an 
administrative law judge. If a hearing is directed, such action on the 
part of the Regional Director constitutes a transfer of the case to the 
Board. Thus, except for directing a hearing, it is provided that the 
Board, rather than the Regional Director, makes the final determination 
of questions raised concerning eligibility, challenged votes, and 
objections to the conduct of the election. If challenged ballots are 
sufficient in number of affect the results of the election, the Regional 
Director conducts an investigation and issues a report on the challenges 
instead of ruling thereon, unless the Director elects to hold a hearing. 
Similarly, if objections to the conduct of the election are filed within 
7 days after the tally of ballots has been prepared, the Regional 
Director likewise conducts an investigation and issues a report instead 
of ruling on the validity of the objections, unless the Director elects 
to hold a

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hearing. The Regional Director's report is served on the parties, who 
may file exceptions thereto within 14 days with the Board in Washington, 
DC. The Board then reviews the entire record made and may, if a 
substantial issue is raised, direct a hearing on the challenged ballots 
or the objections to the conduct of the election. Or, the Board may, if 
no substantial issues are raised, affirm the Regional Director's report 
and take appropriate action in termination of the proceedings. If a 
hearing is ordered by the Regional Director or the Board on the 
challenged ballots or objections, all parties are heard and a report 
containing findings of fact and recommendations as to the disposition of 
the challenges or objections, or both, and resolving issues of 
credibility is issued by the hearing officer and served on the parties, 
who may file exceptions thereto within 14 days with the Board in 
Washington, DC. The record made on the hearing is reviewed by the Board 
with the assistance of its staff counsel and a final determination made 
thereon. If the objections are found to have merit, the election results 
may be voided and a new election conducted under the supervision of the 
Regional Director. If the union has been selected as the representative, 
the Board or the Regional Director, as the case may be, issues its 
certification and the proceeding is terminated. If upon a 
decertification or employer petition the union loses the election, the 
Board or the Regional Director, as the case may be, certifies that the 
union is not the chosen representative.
    (c) The full consent-election agreement followed by the Regional 
Director's determination of representatives is another method of 
informal adjustment of representation cases.
    (1) Under these terms the parties agree that if they are unable to 
informally resolve disputes arising with respect to the appropriate unit 
and other issues pertaining to the resolution of the question concerning 
representation; the payroll period to be used as the basis of 
eligibility to vote in an election, the place, date, and hours of 
balloting, or other details of the election, those issues will be 
presented to, and decided with finality by the Regional Director after a 
hearing conducted in a manner consistent with the procedures set forth 
in Sec. 101.20.
    (2) Upon the close of the hearing, the entire record in the case is 
forwarded to the Regional Director. The hearing officer also transmits 
an analysis of the issues and the evidence, but makes no recommendations 
as to resolution of the issues. All parties may file briefs with the 
Regional Director within 7 days after the close of the hearing. The 
parties may also request to be heard orally. After review of the entire 
case, the Regional Director issues a final decision, either dismissing 
the petition or directing that an election be held. In the latter event, 
the election is conducted under the supervision of the Regional Director 
in the manner already described in this section.
    (3) All matters arising after the election, including determinative 
challenged ballots and objections to the conduct of the election shall 
be processed in a manner consistent with paragraphs (a)(4), (5), and (6) 
of this section.

[70 FR 3477, Jan. 25, 2005, as amended at 70 FR 3477, Jan. 25, 2005]