[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: 29CFR102.24]

[Page 41-42]
 
                             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. 102.24  Motions; where to file; contents; service on other parties; 

promptness in filing and response; default judgment procedures; summary 
judgment procedures.

    (a) All motions under Sec. Sec. 102.22 and 102.29 made prior to the 
hearing shall be filed in writing with the Regional Director issuing the 
complaint. All motions for default judgment, summary judgment, or 
dismissal made prior to the hearing shall be filed in writing with the 
Board pursuant to the provisions of Sec. 102.50. All other motions made 
prior to the hearing, including motions to reschedule the hearing under 
circumstances other than those set forth in Sec. 102.16(a), shall be 
filed in writing with the chief administrative law judge in Washington, 
DC, with the associate chief judge in San Francisco, California, with 
the associate chief judge in New York, New York, or with the associate 
chief judge in Atlanta, Georgia, as the case may be. All motions made at 
the hearing shall be made in writing to the administrative law judge or 
stated orally on the record. All motions filed subsequent to the 
hearing, but before the transfer of the case to the Board pursuant to 
Sec. 102.45, shall be filed with the administrative law judge, care of 
the chief administrative law judge in Washington, DC, the deputy chief 
judge in San Francisco, California, the associate chief judge in New 
York, New York, or the associate chief judge in Atlanta, Georgia, as the 
case may be. Motions shall briefly state the order or relief applied for 
and the grounds therefor. All motions filed with a Regional Director or 
an administrative law judge as set forth in this paragraph shall be 
filed therewith by transmitting three copies thereof together with an 
affidavit of service on the parties. All motions filed with the Board, 
including motions for default judgment, summary judgment, or dismissal, 
shall be filed with the Executive Secretary of the Board in Washington, 
DC, by transmitting eight copies thereof together with an affidavit of 
service on the parties. Unless otherwise provided in 29 CFR part 102, 
motions and responses thereto shall be filed promptly and within such 
time as not to delay the proceeding.

[[Page 42]]

    (b) All motions for summary judgment or dismissal shall be filed 
with the Board no later than 28 days prior to the scheduled hearing. 
Where no hearing is scheduled, or where the hearing is scheduled less 
than 28 days after the date for filing an answer to the complaint or 
compliance specification, whichever is applicable, the motion shall be 
filed promptly. Upon receipt of a motion for default judgment, summary 
judgment, or dismissal, the Board may deny the motion or issue a notice 
to show cause why the motion should not be granted. If a notice to show 
cause is issued, the hearing, if scheduled, will normally be postponed 
indefinitely. If a party desires to file an opposition to the motion 
prior to issuance of the notice to show cause in order to prevent 
postponement of the hearing, it may do so; Provided however, That any 
such opposition shall be filed no later than 21 days prior to the 
hearing. If a notice to show cause is issued, an opposing party may file 
a response thereto notwithstanding any opposition it may have filed 
prior to issuance of the notice. The time for filing the response shall 
be fixed in the notice to show cause. It is not required that either the 
opposition or the response be supported by affidavits or other 
documentary evidence showing that there is a genuine issue for hearing. 
The Board in its discretion may deny the motion where the motion itself 
fails to establish the absence of a genuine issue, or where the opposing 
party's pleadings, opposition and/or response indicate on their face 
that a genuine issue may exist. If the opposing party files no 
opposition or response, the Board may treat the motion as conceded, and 
default judgment, summary judgment, or dismissal, if appropriate, shall 
be entered.

[69 FR 1676, Jan. 12, 2004]