[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: 29CFR101.20]

[Page 24-25]
 
                             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. 101.20  Formal hearing.

    (a) If no informal adjustment of the question concerning 
representation has been effected and it appears to the Regional Director 
that formal action is necessary, the Regional Director will institute 
formal proceedings by issuance of a notice of hearing on the issues, 
which is followed by a decision and direction of election or dismissal 
of the case. In certain types of cases, involving novel or complex 
issues, the Regional Director may submit the case for advice to the 
Board before issuing notice of hearing.
    (b) The notice of hearing, together with a copy of the petition, is 
served on the unions and employer filing or named in the petition and on 
other known persons or labor organizations claiming to have been 
designated by employees involved in the proceeding.
    (c) The hearing, usually open to the public, is held before a 
hearing officer who normally is an attorney or field examiner attached 
to the Regional Office but may be another qualified Agency official. The 
hearing, which is nonadversary in character, is part of the

[[Page 25]]

investigation in which the primary interest of the Board's agents is to 
ensure that the record contains as full a statement of the pertinent 
facts as may be necessary for determination of the case. The parties are 
afforded full opportunity to present their respective positions and to 
produce the significant facts in support of their contentions. In most 
cases a substantial number of the relevant facts are undisputed and 
stipulated. The parties are permitted to argue orally on the record 
before the hearing officer.