29 CFR 101.42 - Procedures for obtaining declaratory orders of the Board.

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§ 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 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 § 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 The petition may be withdrawn any time before the Board issues its declaratory order deciding whether it would or would not assert jurisdiction over the cases.

Title 29 published on 2013-07-01

The following are only the Rules published in the Federal Register after the published date of Title 29.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-12-15; vol. 79 # 240 - Monday, December 15, 2014
    1. 79 FR 74308 - Representation—Case Procedures
      GPO FDSys XML | Text
      NATIONAL LABOR RELATIONS BOARD
      Final rule.
      This rule will be effective on April 14, 2015.
      29 CFR Parts 101, 102, and 103

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United States Code

Title 29 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 29 CFR 101 after this date.

  • 2014-12-15; vol. 79 # 240 - Monday, December 15, 2014
    1. 79 FR 74308 - Representation—Case Procedures
      GPO FDSys XML | Text
      NATIONAL LABOR RELATIONS BOARD
      Final rule.
      This rule will be effective on April 14, 2015.
      29 CFR Parts 101, 102, and 103