[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: 29CFR101.23]

[Page 26-27]
 
                             TITLE 29--LABOR
 
                CHAPTER I--NATIONAL LABOR RELATIONS BOARD
 
PART 101_STATEMENTS OF PROCEDURES--Table of Contents
 
Subpart D_Unfair Labor Practice and Representation Cases Under Sections 
                       8(b)(7) and 9(c) of the Act
 
Sec. 101.23  Initiation and investigation of a petition in connection 
with a case under section 8(b)(7).

    (a) A representation petition \1\ involving the employees of the 
employer named in the charge is handled under an expedited procedure 
when the investigation of the charge has revealed that:
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    \1\ The manner of filing of such petition and the contents thereof 
are the same as described in Sec. 101.17, except that the petitioner is 
not required to allege that a claim was made on the employer for 
recognition or that the union represents a substantial number of 
employees.
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    (1) The employer's operations affect commerce within the meaning of 
the Act;
    (2) Picketing of the employer is being conducted for an object 
proscribed by section 8(b)(7) of the Act;
    (3) Subparagraph (C) of that section of the Act is applicable to the 
picketing; and
    (4) The petition has been filed within a reasonable period of time 
not to exceed 30 days from the commencement of the picketing.

In these circumstances, the member of the Regional Director's staff to 
whom the matter has been assigned investigates the petition to ascertain 
further: the unit appropriate for collective bargaining; and whether an 
election in that unit would effectuate the policies of the Act.
    (b) If, based on such investigation, the Regional Director 
determines that an election is warranted, the Director

[[Page 27]]

may, without a prior hearing, direct that an election be held in an 
appropriate unit of employees. Any party aggrieved may file a request 
with the Board for special permission to appeal that action to the 
Board, but such review, if granted, will not, unless otherwise ordered 
by the Board, stay the proceeding. If it is determined that an election 
is not warranted, the Director dismisses the petition or makes other 
disposition of the matter. Should the Regional Director conclude that an 
election is warranted, the Director fixes the basis of eligibility of 
voters and the place, date, and hours of balloting. The mechanics of 
arranging the balloting, the other procedures for the conduct of the 
election, and the postelection proceedings are the same, insofar as 
appropriate, as those described in Sec. 101.19, except that the 
Regional Director's rulings on any objections to the conduct of the 
election or challenged ballots are final and binding, unless the Board, 
on an application by one of the parties, grants such party special 
permission to appeal from the Regional Director's rulings. The party 
requesting such review by the Board must do so promptly, in writing, and 
state briefly the grounds relied on. Such party must also immediately 
serve a copy on the other parties, including the Regional Director. 
Neither the request for review by the Board nor the Board's grant of 
such review operates as a stay of any action taken by the Regional 
Director, unless specifically so ordered by the Board. If the Board 
grants permission to appeal, and it appears to the Board that 
substantial and material factual issues have been presented with respect 
to the objections to the conduct of the election or challenged ballots, 
it may order that a hearing be held on such issues or take other 
appropriate action.
    (c) If the Regional Director believes, after preliminary 
investigation of the petition, that there are substantial issues which 
require determination before an election may be held, the Director may 
order a hearing on the issues. This hearing is followed by Regional 
Director or Board decision and direction of election, or other 
disposition. The procedures to be used in connection with such hearing 
and posthearing proceedings are the same, insofar as they are 
applicable, as those described in Sec. Sec. 101.20 and 101.21, except 
that the parties may not file briefs with the Regional Director or the 
Board unless special permission therefor is granted, but may state their 
respective legal positions fully on the record at the hearing, and 
except that any request for review must be filed promptly after issuance 
of the Regional Director's decision.
    (d) Should the parties so desire, they may, with the approval of the 
Regional Director, resolve the issues as to the unit, the conduct of the 
balloting, and related matters pursuant to informal consent procedures, 
as described in Sec. 101.19(a).
    (e) If a petition has been filed which does not meet the 
requirements for processing under the expedited procedures, the Regional 
Director may process it under the procedures set forth in subpart C.