§ 102.64 - Conduct of hearing.

§ 102.64 Conduct of hearing.

Cross Reference

Link to an amendment published at 88 FR 58101, Aug. 25, 2023.

(a) The primary purpose of a hearing conducted under Section 9(c) of the Act is to determine if a question of representation exists. A question of representation exists if a proper petition has been filed concerning a unit appropriate for the purpose of collective bargaining or concerning a unit in which an individual or labor organization has been certified or is being currently recognized by the employer as the bargaining representative. Disputes concerning unit scope, voter eligibility and supervisory status will normally be litigated and resolved by the Regional Director individuals' eligibility to vote or inclusion in an appropriate unit ordinarily need not be litigated or resolved before an election is directed. However, the parties may agree to permit disputed employees to vote subject to challenge, thereby deferring litigation concerning such disputes until after the election. conducted. If, upon the record of the hearing, the Regional Director finds that a question of representation exists, the director shall direct an election to resolve the question.

(b) Hearings shall be conducted by a Hearing Officer and shall be open to the public unless otherwise ordered by the Hearing Officer. At any time, a Hearing Officer may be substituted for the Hearing Officer previously presiding. Subject to the provisions of § 102.66, it shall be the duty of the Hearing Officer to inquire fully into all matters and issues necessary to obtain a full and complete record upon which the Board or the Regional Director may discharge their duties under Section 9(c) of the Act.

(c) The hearing shall continue from day to day until completed unless the Regional Director concludes that extraordinary circumstances warrant otherwise. The Regional Director may, in the director's discretion, adjourn the hearing to a different place by announcement thereof at the hearing or by other appropriate notice.

[84 FR 69593, Dec. 18, 2019]

Editorial Note

Editorial Note:

As of March 10, 2023, 29 CFR 102.64(a) is stayed from May 31, 2020, until Sept. 10, 2023. At 88 FR 58075

, as amended at 88 FR 58101, Aug. 25, 2023

, the stay was extended to Dec. 26, 2023.

]