29 CFR 102.33 - Transfer of charge and proceeding from region to region; consolidation of proceedings in same region; severance.
Code of Federal Regulations - Title 29: Labor (2010)
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Title 29: Labor
Subtitle B: Regulations Relating to Labor
CHAPTER I: NATIONAL LABOR RELATIONS BOARD
PART 102: RULES AND REGULATIONS, SERIES 8
Subpart B: Procedure Under Section 10 (a) to (i) of the Act for the Prevention of Unfair Labor Practices 1
: Transfer, Consolidation, and Severance
102.33 - Transfer of charge and proceeding from region to region; consolidation of proceedings in same region; severance.
(a) Whenever the general counsel deems it necessary in order to effectuate the purposes of the Act or to avoid unnecessary costs or delay, he may permit a charge to be filed with him in Washington, DC, or may, at any time after a charge has been filed with a regional director pursuant to ? 102.10, order that such charge and any proceeding which may have been initiated with respect thereto:
(1) Be transferred to and continued before him for the purpose of investigation or consolidation with any other proceeding which may have been instituted in a regional office or with him; or
(2) Be consolidated with any other proceeding which may have been instituted in the same region; or
(3) Be transferred to and continued in any other region for the purpose of investigation or consolidation with any proceeding which may have been instituted in or transferred to such other region; or
(4) Be severed from any other proceeding with which it may have been consolidated pursuant to this section.
(b) The provisions of ?? 102.9 to 102.32, inclusive, shall, insofar as applicable, govern proceedings before the general counsel pursuant to this section, and the powers granted to regional directors in such provisions shall, for the purpose of this section, be reserved to and exercised by the general counsel. After the transfer of any charge and any proceeding which may have been instituted with respect thereto from one region to another pursuant to this section, the provisions of this subpart shall, insofar as applicable, govern such charge and such proceeding as if the charge had originally been filed in the region to which the transfer is made.
(c) The regional director may, prior to hearing, exercise the powers in paragraph (a)(2) and (4) of this section with respect to proceedings pending in his region.
(d) Motions to consolidate or sever proceedings after issuance of complaint shall be filed as provided in ? 102.24 and ruled upon as provided in ? 102.25, except that the regional director may consolidate or sever proceedings prior to hearing upon his own motion. Rulings by the administrative law judge upon motions to consolidate or sever may be appealed to the Board as provided in ? 102.26.
[32 FR 9549, July 1, 1967, as amended at 36 FR 9132, May 20, 1971]
