[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: 29CFR101.21]

[Page 25-26]
 
                             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. 101.21  Procedure after hearing.

    (a) Pursuant to section 3(b) of the Act, the Board has delegated to 
its Regional Directors its powers under section 9 of the Act to 
determine the unit appropriate for the purpose of collective bargaining, 
to investigate and provide for hearings and determine whether a question 
of representation exists, and to direct an election or take a secret 
ballot under subsection (c) or (e) of section 9 and certify the results 
thereof. These powers include the issuance of such decisions, orders, 
rulings, directions, and certifications as are necessary to process any 
representation or deauthorization petition. Thus, by way of illustration 
and not of limitation, the Regional Director may dispose of petitions by 
administrative dismissal or by decision after formal hearing; pass upon 
rulings made at hearings and requests for extensions of time for filing 
of briefs; rule on objections to elections and challenged ballots in 
connection with elections Directed by the Regional Director or the 
Board, after administrative investigation or fomal hearing; rule on 
motions to amend or rescind any certification issued after the effective 
date of the delegation; and entertain motions for oral argument. The 
Regional Director may at any time transfer the case to the Board for 
decision, but until such action is taken, it will be presumed that the 
Regional Director will decide the case. In the event the Regional 
Director decides the issues in a case, the decision is final subject to 
the review procedure set forth in the Board's Rules and Regulations.
    (b) Upon the close of the hearing, the entire record in the case is 
forwarded to the Regional Director or, upon issuance by the Regional 
Director of an order transferring the case, to the Board in Washington, 
DC. The hearing officer also transmits an analysis of the issues and the 
evidence, but makes no recomendations in regard to resolution of the 
issues. All parties may file briefs with the Regional Director or, if 
the case is transferred to the Board at the close of the hearing, with 
the Board, within 7 days after the close of the hearing. If the case is 
transferred to the Board after the close of the hearing, briefs may be 
filed with the Board within the time prescribed by the Regional 
Director. The parties may also request to be heard orally. Because of 
the nature of the proceedings, however, permission to argue orally is 
rarely granted. After review of the entire case, the Regional Director 
or the Board issues a 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 Sec. 101.19.
    (c) With respect to objections to the conduct of the election and 
challenged ballots, the Regional Director has discretion (1) to issue a 
report on such objections and/or challenged ballots and transmit the 
issues to the Board for resolution, as in cases involving stipulated 
elections to be followed by Board certifications, or (2) to decide the 
issues on the basis of the administrative investigation or after a 
hearing, with the right to transfer the case to the Board for decision 
at any time prior to disposition of the issues on the merits. In the 
event the Regional Director adopts the first procedure, the parties have 
the same rights, and the same procedure is followed, as has already been 
described in connection with the postelection procedures in cases 
involving stipulated elections to be followed by Board certifications. 
In the event the Regional Director adopts the second procedure, the 
parties have the same rights, and the same procedure is followed, as has 
already been described in connection with hearings before elections.
    (d) The parties have the right to request review of any final 
decision of

[[Page 26]]

the Regional Director, within the times set forth in the Board's Rules 
and Regulations, on one or more of the grounds specified therein. Any 
such request for review must be a self-contained document permitting the 
Board to rule on the basis of its contents without the necessity of 
recourse to the record, and must meet the other requirements of the 
Board's Rules and Regulations as to its contents. The Regional 
Director's action is not stayed by the filing of such a request or the 
granting of review, unless otherwise ordered by the Board. Thus, the 
Regional Director may proceed immediately to make any necessary 
arrangements for an election, including the issuance of a notice of 
election. However, unless a waiver is filed, the Director will normally 
not schedule an election until a date between the 25th and 30th days 
after the date of the decision, to permit the Board to rule on any 
request for review which may be filed. As to administrative dismissals 
prior to the close of hearing, see Sec. 101.18(c).
    (e) If the election involves two or more labor organizations and if 
the election results are inconclusive because no choice on the ballot 
received the majority of valid votes cast, a runoff election is held as 
provided in the Board's Rules and Regulations.