[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: 29CFR101.42]

[Page 32-33]
 
                             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. 101.42  Procedures for obtaining declaratory orders of the Board.

    (a) When both an unfair labor practice charge and a representation 
petition are pending concurrently in a Regional Office, appeals from a 
Regional Director's dismissals thereof do not follow the same course. 
Appeal from the dismissal of a charge must be made to the General 
Counsel, while appeal from dismissal of a representation petition may be 
made to the Board. To obtain uniformity in disposing of such cases on 
jurisdictional grounds at the same stage of each proceeding, the General 
Counsel may file a petition for a declaratory order of the Board. Such 
order is intended only to remove uncertainty with respect to the 
question of whether the Board would assert jurisdiction over the labor 
dispute.
    (b) A petition to obtain a declaratory Board order may be filed only 
by the General Counsel. It must be in writing

[[Page 33]]

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 Sec. 
102.106 of the Board's Rules and Regulations. None of the information 
sought relates to the merits of the dispute. The petition may be 
withdrawn any time before the Board issues its declaratory order 
deciding whether it would or would not assert jurisdiction over the 
cases.