[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: 29CFR101.39]

[Page 32]
 
                             TITLE 29--LABOR
 
                CHAPTER I--NATIONAL LABOR RELATIONS BOARD
 
PART 101_STATEMENTS OF PROCEDURES--Table of Contents
 
   Subpart H_Advisory Opinions and Declaratory Orders Regarding Board 
                              Jurisdiction
 
Sec. 101.39  Initiation of advisory opinion case.


    (a) The question of whether the Board will assert jurisdiction over 
a labor dispute which is the subject of a proceeding in an agency or 
court of a State or territory is initiated by the filing of a petition 
with the Board. This petition may be filed only if:
    (1) A proceeding is currently pending before such agency or court;
    (2) The petitioner is the agency or court itself; and
    (3) The relevant facts are undisputed or the agency or court has 
already made the relevant factual findings.
    (b) The petition must be in writing and signed. It is filed with the 
Executive Secretary of the Board in Washington, DC. No particular form 
is required, but the petition must be properly captioned and must 
contain the allegations required by section 102.99 of the Board's Rules 
and Regulations. None of the information sought may relate to the merits 
of the dispute. The petition may be withdrawn at any time before the 
Board issues its advisory opinion determining whether it would or would 
not assert jurisdiction on the basis of the facts before it.

[61 FR 65182, Dec. 11, 1996; 62 FR 52381, Oct. 7, 1997]