[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: 29CFR101.27]

[Page 28-29]
 
                             TITLE 29--LABOR
 
                CHAPTER I--NATIONAL LABOR RELATIONS BOARD
 
PART 101_STATEMENTS OF PROCEDURES--Table of Contents
 
  Subpart E_Referendum Cases Under Section 9(e) (1) and (2) of the Act
 
Sec. 101.27  Investigation of petition; withdrawals and dismissals.

    (a) Upon receipt of the petition in the Regional Office, it is 
filed, 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) Whether there is in effect an agreement requiring as a condition 
of employment membership in a labor organization,
    (3) Whether the petitioner has been authorized by at least 30 
percent of the employees to file such a petition, and
    (4) Whether an election would effectuate the policies of the Act by 
providing for a free expression of choice by the employees.

The evidence of designation submitted by the petitioner, usually in the 
form of cards signed by individual employees authorizing the filing of 
such a petition, is checked to determine the proportion of employees who 
desire rescission.
    (b) The petitioner may on its own initiative request the withdrawal 
of the petition if the investigation discloses that an election is 
inappropriate, because, among other possible reasons, the petitioner's 
card-showing is insufficient to meet the 30-percent statutory 
requirement referred to in subsection (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 recommendation, refuses to withdraw the 
petition, the Regional Director then dismisses the petition, stating the 
grounds for his dismissal and informing the petitioner of the right of 
appeal to the Board in Washington, DC. The petitioner may within 14 days 
appeal from the Regional Director's dismissal by filing such request 
with the Board in Washington, DC. The request shall contain a complete 
statement setting forth the facts and reasons upon which the request is 
made. After a full review of the file with the assistance of its staff, 
the Board may sustain the dismissal, stating the

[[Page 29]]

grounds for its affirmance, or may direct the Regional Director to take 
further action.