29 C.F.R. Subpart H—Declaratory Orders and Advisory Opinions Regarding Board Jurisdiction
Title 29 - Labor
Whenever an agency or court of any State or territory is in doubt whether the Board would assert jurisdiction over the parties in a proceeding pending before such agency or court, the agency or court may file a petition with the Board for an advisory opinion on whether the Board would decline to assert jurisdiction over the parties before the agency or the court (1) on the basis of its current standards, or (2) because the employing enterprise is not within the jurisdiction of the National Labor Relations Act. [24 FR 9102, Nov. 7, 1959, as amended at 51 FR 15613, Apr. 25, 1986; 61 FR 65182, Dec. 11, 1996] (a) A petition for an advisory opinion, when filed by an agency or court of a State or territory, shall allege the following: (1) The name of the agency or court. (2) The names of the parties to the proceeding and the docket number. (3) The nature of the proceeding, and the need for the Board's opinion on the jurisdictional issue to the proceeding. (4) The general nature of the business involved in the proceeding and, where appropriate, the nature of and details concerning the employing enterprise. (5) The findings of the agency or court or, in the absence of findings, a statement of the evidence relating to the commerce operations of such business and, where appropriate, to the nature of the employing enterprise. (b) Eight copies of such petition or request shall be submitted to the Board in Washington, DC. Such petition or request shall be printed or otherwise legibly duplicated. Carbon copies of typewritten matter will not be accepted. [24 FR 9102, Nov. 7, 1959, as amended at 51 FR 15613, Apr. 25, 1986; 61 FR 65182, Dec. 11, 1996] Upon the filing of a petition the petitioner shall immediately serve in the manner provided by §102.114(a) of these rules a copy of the petition on all parties to the proceeding and on the director of the Board's regional office having jurisdiction over the territorial area in which such agency or court is located. A statement of service shall be filed with the petition as provided by §102.114(b) of the rules. [51 FR 23749, July 1, 1986] Any party served with such petition may, within 14 days after service thereof, respond to the petition, admitting or denying its allegations. Eight copies of such response shall be filed with the Board in Washington, DC. Such response shall be printed or otherwise legibly duplicated: Provided however, That carbon copies of typewritten materials will not be accepted. Such response shall immediately be served on all other parties to the proceeding, and a statement of service shall be filed in accordance with the provisions of §102.114(b) of these rules. [51 FR 23749, July 1, 1986] Any person desiring to intervene shall make a motion for intervention, stating the grounds upon which such person claims to have an interest in the petition. Eight copies of such motion shall be filed with the Board in Washington, DC. Such motion shall be printed or otherwise legibly duplicated: Provided, however, That carbon copies of typewritten matter shall not be filed and if submitted will not be accepted. [29 FR 15922, Nov. 28, 1964] The Board shall thereupon proceed, upon the petition, responses, and submission of briefs, to determine whether, on the facts before it, the commerce operations of the employer involved are such that it would or would not assert jurisdiction. Such determination shall be in the form of an advisory opinion and shall be served upon the parties. No briefs shall be filed except upon special permission of the Board. The petitioner may withdraw his petition at any time prior to issuance of the Board's advisory opinion. Whenever both an unfair labor practice charge and a representation case relating to the same employer are contemporaneously on file in a regional office of the Board, and the general counsel entertains doubt whether the Board would assert jurisdiction over the employer involved, he may file a petition with the Board for a declaratory order disposing of the jurisdictional issue in the cases. Such petition may be withdrawn at any time prior to the issuance of the Board's order. A petition for a declaratory order shall allege the following: (a) The name of the employer. (b) The general nature of the employer's business. (c) The case numbers of the unfair labor practice and representation cases. (d) The commerce data relating to the operations of such business. (e) Whether any proceeding involving the same subject matter is pending before an agency or court of a State or territory. Eight copies of the petition shall be filed with the Board in Washington, DC. Such petition shall be printed or otherwise legibly duplicated: Provided, however, That carbon copies of typewritten matter shall not be filed and if submitted will not be accepted. (f) Seven copies of the petition shall be filed with the Board in Washington, DC. Such petition shall be printed or otherwise legibly duplicated: Provided, however, That carbon copies of typewritten matter shall not be filed and if submitted will not be accepted. [24 FR 9102, Nov. 7, 1959, as amended at 27 FR 5095, May 30, 1962; 29 FR 15922, Nov. 28, 1964] Upon filing a petition, the general counsel shall immediately serve a copy thereof on all parties and shall file a statement of service as provided by §102.114(b) of these rules. [51 FR 23749, July 1, 1986] Any party to the representation or unfair labor practice case may, within 14 days after service thereof, respond to the petition, admitting or denying its allegations. Eight copies of such response shall be filed with the Board in Washington, DC. Such response shall be printed or otherwise legibly duplicated: Provided, however, That carbon copies of typewritten materials will not be accepted. Such response shall be served on the general counsel and all other parties, and a statement of service shall be filed as provided by §102.114(b) of these rules. [51 FR 23749, July 1, 1986] Any person desiring to intervene shall make a motion for intervention, stating the grounds upon which such person claims to have an interest in the petition. Eight copies of such motion shall be filed with the Board in Washington, DC. Such motion shall be printed or otherwise legibly duplicated: Provided, however, That carbon copies of typewritten matter shall not be filed and if submitted will not be accepted. [29 FR 15922, Nov. 28, 1964] The Board shall thereupon proceed, upon the petition, responses, and submission of briefs, to determine whether, on the facts before it, the commerce operations of the employer involved are such that it would or would not assert jurisdiction over them. Such determination shall be made by a declaratory order, with like effect as in the case of other orders of the Board, and shall be served upon the parties. Any party desiring to file a brief shall file eight copies with the Board in Washington, DC, with a statement that copies thereof are being served simultaneously on the other parties. [29 FR 15922, Nov. 28, 1964]
Title 29: Labor
PART 102—RULES AND REGULATIONS, SERIES 8
Subpart H—Declaratory Orders and Advisory Opinions Regarding Board Jurisdiction
§ 102.98 Petition for advisory opinion; who may file; where to file.
§ 102.99 Contents of petition for advisory opinion; contents of request for administrative advice.
§ 102.100 Notice of petition; service of petition.
§ 102.101 Response to petition; service of response.
§ 102.102 Intervention.
§ 102.103 Proceedings before the Board; briefs; advisory opinions.
§ 102.104 Withdrawal of petition.
§ 102.105 Petitions for declaratory orders; who may file; where to file; withdrawal.
§ 102.106 Contents of petition for declaratory order.
§ 102.107 Notice of petition, service of petition.
§ 102.108 Response to petition; service of response.
§ 102.109 Intervention.
§ 102.110 Proceedings before the Board; briefs; declaratory orders.
