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201.3 Region. The term "region" as used in this chapter shall mean that part of the United States or any Territory thereof fixed by the Board as a particular region.1 *+
201.4 Regional director. The term "regional director" as used in this chapter shall mean the agent designated by the Board as regional director for a particular region.**
201.5 Trial examiner. The term "trial examiner" as used in this chapter shall mean the Board, its member, agent or agency conducting the hearing.*†
201.6 State. The term "State" as used in this chapter shall include all States, Territories, and possessions of the United States and the District of Columbia.**
PART 202-PROCEDURE UNDER SECTION 10 OF THE ACT FOR THE PREVENTION OF UNFAIR LABOR PRACTICES
202.1 Who may file; withdrawal.
Where to file.
202.16 Motions, rulings, and orders part of record; review by Board of rulings and orders claimed to be prejudicial.
202.3 Form; jurat; blank forms pro- 202.17 Review by Board of order of
trial examiner granting motion
Filing of answer or other par-
202.9 Review by Board of refusal to 202.19 Motion for leave to intervene;
where to file; form and con-
Witness fees and mileage; fees
Conducted by trial examiner
The composition of the 22 regions established by the Board and the locations of the regional offices are set forth in an appendix to this chapter.
**For statutory and source citations, see note to 8 201.1.
202.33 Record; what constitutes; trans- 202.38 In cases over which Board has mission to Board.
Section 202.1 Who may file; withdrawal. A charge that any person has engaged in or is engaging in any unfair labor practice affecting commerce may be made by any person or labor organization. A charge may be withdrawn only with the consent of the regional director with whom such charge was filed or of the Board. Upon withdrawal of any charge, the regional director shall dismiss any complaint based thereon.*t
*88 202.1 to 202.38, inclusive, issued under the authority contained in sec. 6(a), 49 Stat. 452; 29 U.S.C., Sup., 156: interpret sec. 10, 49 Stat. 453; 29 U.S.C., Sup., 160.
In §§ 202.1 to 202.38, inclusive, the numbers to the right of the decimal point correspond with the respective section numbers in Art. II, Rules and regulations, series 1, as amended, NLRB, Apr. 27, 1936, 1 F.R. 277.
202.2 Where to file. Except as provided in § 202.37, such charge shall be filed with the regional director for the region in which the alleged unfair labor practice has occurred or is occurring. A charge alleging that an unfair labor practice has occurred or is occurring in two or more regions may be filed with the regional director for any of such regions.*†
202.3 Form; jurat; blank forms provided. Such charge shall be in writing, the original being signed and sworn to before any notary public or any agent of the Board authorized to administer oaths or acknowledgments. Three additional copies of such charge shall be filed. A blank form for making a charge will be supplied by the regional director upon request.*†
202.4 Contents. Such charge shall contain the following:
(a) The full name and address of the person or labor organization making the charge.
(b) The full name and address of the person against whom the charge is made (hereinafter referred to as the "respondent").
(c) A clear and concise statement of the facts constituting the alleged unfair labor practice affecting commerce, particularly stating
**For statutory and source citations, see note to § 202.1.
the names of the individuals involved and the time and place of occurrence.**
202.5 When and by whom issued; contents; service; notice of hearing. After a charge has been filed, if it appears to the regional director that a proceeding in respect thereto should be instituted, he shall issue and cause to be served upon the respondent and the person or labor organization making the charge (hereinafter referred to as the "parties to the proceeding") a formal complaint in the name of the Board stating the charges and containing a notice of hearing before a trial examiner at a place therein fixed and at a time not less than 5 days after the service of the complaint. A copy of the charge shall be attached to the complaint.*+
202.6 Hearing; extension. Upon his own motion or upon proper cause shown by any of the parties to the proceeding the regional director issuing the complaint may extend the date of such hearing.*+
202.7 Amendment. Any such complaint may be amended by the trial examiner or the Board in his or its discretion at any time prior to the issuance of an order based thereon, upon such terms as may be deemed just.*t
202.8 Withdrawal. Any such complaint may be withdrawn before the hearing by the regional director on his own motion.*+
202.9 Review by Board of refusal to issue. If, after the charge has been filed, the regional director declines to issue and cause to be served a complaint, the person or labor organization making the charge may obtain a review of such action by filing a request therefor with the Board in Washington, D. C., and filing a copy of such request with the regional director.*+
202.10 Time for filing; contents; allegations not denied deemed admitted. The respondent shall have the right, within 5 days from the service of the complaint, to file an answer thereto. Such answer shall contain a short and simple statement of the facts which constitute the grounds of defense. Respondent shall specifically admit or deny or explain each of the facts alleged in the complaint, unless respondent is without knowledge, in which case respondent shall so state, such statement operating as a denial. Any allegation in the complaint not specifically denied in the answer, unless respondent shall state in the answer that respondent is without knowledge, shall be deemed to be admitted to be true and may be so found by the Board.**
202.11 Where to file; form; jurat; service upon other parties. Such answer shall be filed with the regional director issuing the complaint. Such answer shall be in writing, the original being signed and sworn to by the respondent or by a duly authorized agent with appropriate power of attorney affixed, and shall contain the post office address of the respondent. The respondent shall file three ad
*For statutory and source citations, see note to § 202.1.
ditional copies of the answer for the use of the Board. Immediately upon filing his answer the respondent shall serve a copy thereof upon each of the other parties to the proceeding.**
202.12 Extension of time for filing. Upon his own motion or upon proper cause shown by respondent the regional director issuing the complaint may by written order extend the time within which the answer shall be filed.**
202.13 Amendment of answer after amendment of complaint. In any case where a complaint has been amended the respondent shall have an opportunity to amend his answer within such period as may be fixed by the trial examiner, if he amends the complaint, or by the Board, if it amends the complaint.**
202.14 Where to file; contents; service upon other parties; oral motions at hearing. All motions made previous to or subsequent to the hearing shall be filed in writing with the regional director issuing the complaint, and shall briefly state the order or relief applied for and the grounds for such motion. The moving party shall file an original and three additional copies of all such motions for the use of the Board. Immediately upon the filing of such motion, the moving party shall serve a copy thereof upon each of the other parties to the proceeding. All motions made at the hearing (except motions to intervene, as provided in § 202.19) shall be stated orally and included in the stenographic report of the hearing.**
202.15 Rulings upon motions by trial examiner; service of rulings upon parties; oral rulings and orders at hearing; rulings in intermediate report; rulings by Board after transfer of proceeding. The trial examiner designated to conduct the hearing shall rule upon all motions (except as provided in §§ 202.6, 202.12, 202.19). The trial examiner may, before the hearing, rule on motions filed previous to the hearing, and shall file his ruling, and any order in connection therewith, with the regional director issuing the complaint. The regional director shall cause copies thereof to be served upon the parties to the proceeding. Rulings on motions, and any orders in connection therewith, if announced at the hearing, shall be stated orally and included in the stenographic report of the hearing; in all other cases they shall be issued in writing and filed with the regional director, who shall cause a copy of the same to be served upon each of the parties to the proceeding, or shall be contained in the intermediate report. Whenever the trial examiner has reserved his ruling on any motion, and the proceeding is thereafter transferred to and continued before the Board pursuant to § 202.37, the Board shall rule on such motion.**
202.16 Motions, rulings, and orders part of record; review by Board of rulings and orders claimed to be prejudicial. All motions, rulings, and orders shall become part of the record in the proceeding, and rulings and orders claimed to be substantially prejudicial shall be reviewed by the Board, upon request made for such
*For statutory and source citations, see note to § 202.1.
review, in conjunction with the Board's consideration of the intermediate report.*+
202.17 Review by Board of order of trial examiner granting motion to dismiss; time and place for filing request for such review; contents of request; reopening record. If any motion in the nature of a motion to dismiss the complaint is granted by the trial examiner, the party making the charge may obtain a review of such action by filing a request therefor with the Board in Washington, D. C., stating the grounds for review, and filing a copy of such request with the regional director and the other parties to the proceeding. Unless such request for review is filed within 10 days from the date of the order of dismissal, the case shall be considered closed. The Board may, upon motion made within a reasonable period and for good cause shown, reopen the record for further proceedings.*+
202.18 Filing of answer or other participation in proceedings not a waiver of rights. The right to make motions or to make objection to rulings upon motions shall not be deemed waived by the filing of an answer or by other participation in the proceedings before the trial examiner or the Board.**
202.19 Motion for leave to intervene; where to file; form and contents; jurat; service of motion upon parties; ruling upon motion by regional director or trial examiner; service of ruling upon parties. Any person or labor organization desiring to intervene in any proceeding shall file a motion in writing with the regional director issuing the complaint setting out the grounds upon which such person or organization claims to be interested. The original of such motion shall be signed and sworn to by the person or labor organization filing the motion, who shall file three additional copies of such motion for the use of the Board. Immediately upon filing such motion, the moving party shall serve a copy thereof upon each of the other parties to the proceeding. The regional director shall rule upon all such motions filed prior to the hearing, and the trial examiner shall rule upon all such motions filed at the hearing, in the manner set forth in § 202.15. The regional director or the trial examiner, as the case may be, may by order permit intervention in person or by counsel to such extent and upon such terms as he shall deem just. The regional director shall cause a copy of said ruling to be served upon each of the parties to the proceeding.*+
WITNESSES AND SUBPENAS
202.20 Witnesses; manner of examining; testimony by deposition. Witnesses shall be examined orally under oath, except that for good and exceptional cause the trial examiner may permit their testimony to be taken by deposition under oath. Any such deposition shall be taken in accordance with the procedural requirements for the taking of depositions provided by the law of the State in which the hearing is pending.*+
*For statutory and source citations, see note to § 202.1.