[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: 29CFR101.30]

[Page 29-30]
 
                             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. 101.30  Formal hearing and procedure respecting election conducted 
after hearing.

    (a) The procedures are the same as those described in subpart C of 
the Statements of Procedure respecting representation cases arising 
under section 9(c) of the Act. If the preliminary investigation 
indicates that there are substantial issues which require determination 
before an appropriate election may be held, the Regional Director will 
institute formal proceedings by issuance of a notice of hearing on the 
issues which, after hearing, is followed by Regional Director or Board 
decision and direction of election or dismissal. The notice of hearing 
together with a copy of the petition is served on the petitioner, the 
employer, and any other known persons or labor organizations claiming to 
have been designated by employees involved in the proceeding.
    (b) 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 
investigation in which the primary interest of the Board's agents is to 
insure 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.
    (c) Upon the close of the hearing, the entire record in the case is 
then forwarded to the Regional Director or the

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Board, together with an informal analysis by the hearing officer of the 
issues and the evidence but without recommendations. All parties may 
file briefs with the Regional Director or 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 proceeding, however, 
permission to argue orally is rarely granted. After review of the entire 
case, 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.
    (d) The parties have the same rights, and the same procedure is 
followed, with respect to objections to the conduct of the election and 
challenged ballots as has already been described in connection with the 
postelection procedures in representation cases under section 9(c) of 
the Act.