[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: 29CFR102.19]

[Page 39-40]
 
                             TITLE 29--LABOR
 
                CHAPTER I--NATIONAL LABOR RELATIONS BOARD
 
PART 102_RULES AND REGULATIONS, SERIES 8--Table of Contents

   Subpart B_Procedure Under Section 10 (a) to (i) of the Act for the 
                Prevention of Unfair Labor Practices \1\
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Sec. 102.19  Appeal to the general counsel from refusal to issue or 
reissue.

    (a) If, after the charge has been filed, the Regional Director 
declines to issue

[[Page 40]]

a complaint or, having withdrawn a complaint pursuant to Sec. 102.18, 
refuses to reissue it, he shall so advise the parties in writing, 
accompanied by a simple statement of the procedural or other grounds for 
his action. The person making the charge may obtain a review of such 
action by filing the ``Appeal Form'' with the General Counsel in 
Washington, DC, and filing a copy of the ``Appeal Form'' with the 
Regional Director, within 14 days from the service of the notice of such 
refusal to issue or reissue by the Regional Director, except as a 
shorter period is provided by Sec. 102.81. If an appeal is taken the 
person doing so should notify all other parties of his action, but any 
failure to give such notice shall not affect the validity of the appeal. 
The person may also file a statement setting forth the facts and reasons 
upon which the appeal is based. If such a statement is timely filed, the 
separate ``Appeal Form'' need not be served. A request for extension of 
time to file an appeal shall be in writing and be received by the office 
of General Counsel, and a copy of such request filed with the Regional 
Director, prior to the expiration of the filing period. Copies of the 
acknowledgement of the filing of an appeal and of any ruling on a 
request for an extension of time for filing the appeal shall be served 
on all parties. Consideration of an appeal untimely filed is within the 
discretion of the General Counsel upon good cause shown.
    (b) Oral presentation in Washington, DC, of the appeal issues may be 
permitted a party on written request made within 4 days after service of 
acknowledgment of the filing of an appeal. In the event such request is 
granted, the other parties shall be notified and afforded, without 
additional request, a like opportunity at another appropriate time.
    (c) The general counsel may sustain the regional director's refusal 
to issue or reissue a complaint, stating the grounds of his affirmance, 
or may direct the regional director to take further action; the general 
counsel's decision shall be served on all the parties. A motion for 
reconsideration of the decision must be filed within 14 days of service 
of the decision, except as hereinafter provided, and shall state with 
particularity the error requiring reconsideration. A motion for 
reconsideration based upon newly discovered evidence which has become 
available only since the decision on appeal shall be filed promptly on 
discovery of such evidence. Motions for reconsideration of a decision 
previously reconsidered will not be entertained, except in unusual 
situations where the moving party can establish that new evidence has 
been discovered which could not have been discovered by diligent inquiry 
prior to the first reconsideration.

[32 FR 9548, July 1, 1967, as amended at 51 FR 23746, July 1, 1986; 68 
FR 39837, July 3, 2003]

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