29 C.F.R. § 102.67 - Proceedings before the regional director; further hearing; action by the regional director; appeals from actions of the regional director; statement in opposition; requests for extraordinary relief; Notice of Election; voter list
| Cite as | 29 C.F.R. § 102.67 |
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152 practice notes
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Representation-Case Procedures
...significant delays. --------------------------------------------------------------------------- \9\ 29 CFR 102.63 and 102.64 (1959). \10\ 29 CFR 102.67 and 102.68 Accordingly, in 1959, as part of the amendments of the NLRA effected by the Labor-Management Reporting and Disclosure Act, Congr......
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Representation-Case Procedures
...a failure to request review pre- election or a denial of review precludes a party from raising the matter with the Board post-election. 29 CFR 102.67(b) and Page 74333 Notably, none of the comments suggests that the current rules as to pre-election disputes violate Section 3(b) or are other......
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Representation-Case Procedures
...a failure to request review pre-election or a denial of review precludes a party from raising the matter with the Board post-election. 29 CFR 102.67(f). Moreover, even under the current rules, specifically Sec. 102.69(c)(4), if the regional director issues a decision concerning challenges o......
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NLRB v. Air Control Products of St. Petersburg, Inc., No. 21017.
...toward determining whether an election should be directed and the appropriate unit in which to hold the election. 29 C.F.R. §§ 102.63, 102.67. In recognition of their unique character, Congress has removed representation hearings from the requirements of § 5 of the Administrative Procedure ......
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144 cases
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NLRB v. Air Control Products of St. Petersburg, Inc., No. 21017.
...toward determining whether an election should be directed and the appropriate unit in which to hold the election. 29 C.F.R. §§ 102.63, 102.67. In recognition of their unique character, Congress has removed representation hearings from the requirements of § 5 of the Administrative Procedure ......
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Chamber of Commerce of U.S. v. Nat'l Labor Relations Bd., Civil Action No. 15–0009 (ABJ)
...director shall schedule the election for the earliest date practicable" consistent with the NLRA and the relevant regulations. 29 C.F.R. § 102.67(b).1. The elimination of the presumptive pre-election waiting period does not violate the NLRA or the First Amendment. Both sets of plaintif......
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KFC National Management Corp. v. NLRB, No. 821
...has resulted in prejudicial error. (4) That there are compelling reasons for reconsideration of an important Board rule or policy. 29 C.F.R. § 102.67(c). Section 102.67 makes it clear that the decision on whether or not to grant such review is also to be made by the Board. See 29 C.F.R. § 1......
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Pilot Freight Carriers v. INTERN. BROTH., ETC., No. C-219-WS-72.
...or undiscovered evidence, parties may not relitigate a representation issue in a subsequent unfair labor practice proceeding. 29 C.F.R. § 102.67(f) (1975); see 29 U.S.C. § 159(d). The Supreme Court and a variety of circuit courts have approved the Board's practice. Pittsburgh Plate Glass v.......
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1 firm's commentaries
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Captivating! NLRB Reverses 57-Year-Old Decision, Expands "Captive Audience" Rule in Mail Ballot Elections
...a mail-ballot election "shall be deemed to have commenced the day the ballots are deposited by the regional office in the mail." 29 C.F.R. §102.67(k) (2014). After making this determination, the NLRB officially overturned Oregon Washington Telephone Co. and chose to apply the earlier Peerle......
2 books & journal articles
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Outkicking the Coverage: The Unionization of College Athletes
...for precluding an election, and will establish the scope and composition of the collective bargaining unit. Id. 51. Id. at 2840. 52. 29 C.F.R. §102.67(a)–(b) (2016). 53. Id. 54. See infra Part II. 55. Northwestern Univ. & Coll. Athletes Players Ass’n, 362 N.L.R.B. No. 167 (Aug. 17, 2015). 5......
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Recent NLRB Actions Give Boost to Union Organizing, 0415
COBJ, 2015, April, Pg. 29
...F.Supp.2d at 30. [10] 10 60 Fed. Reg. at 74309-10 (summarizing amendments). [11] 11 60 Fed. Reg. at 74486 (to be codified at 29 CFR § 102.67(1)). [12] 12 60 Fed. Reg. at 74490 (to be codified at 29 CFR § [13] 13 Id. [14] 14 See 29 USC § 158(c). [15] 15 See 60 Fed. Reg. at 744......