Joint Petitions for Certification Consenting to an Election, 10199-10201 [E8-2767]
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Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS
ppt, but less than 850 ppt, pure
platinum, and that do not contain at
least 950 parts per thousand PGM, and
traditional platinum products in terms
of the qualities material to consumers,
such as durability, luster, density,
scratch and tarnish resistance, ability to
resize and repair, and hypoallergenicity.
Please explain the basis for your answer
and provide evidence that supports your
answer.
16. Is there evidence indicating what the
terms ‘‘Karat Platinum,’’ ‘‘Platifina,’’
‘‘Platinum V,’’ and ‘‘Platinum 5’’ mean
to consumers? If so, please provide this
evidence.
17. Do consumers associate the terms
‘‘Karat Platinum,’’ ‘‘Platifina,’’
‘‘Platinum V,’’ and ‘‘Platinum 5’’ with
the qualities, such as durability, luster,
density, scratch and tarnish resistance,
ability to resize and repair, and
hypoallergenicity, that are associated
with traditional platinum products? If
so, please provide any evidence that
supports your answer.
18. Is there evidence indicating what the
phrase ‘‘other non-platinum group
metals’’ means to consumers? If so,
please provide this evidence.
19. Should the Commission amend the
platinum section of the Jewelry Guides
to address other products that contain
platinum, such as platinum-clad, filled,
plated, coated, or overlay products, that
are not currently addressed in the
section?
a. If so, how and why?
b. What evidence supports making
your proposed revision(s)? Please
provide this evidence and explain why
any such revision is necessary to ensure
that consumers are not misled including
specific guidance as to the
recommended thickness of the filling,
plating, or overlay of such platinum
products.
c. If not, why not?
VI. Communications by Outside Parties
to Commissioners or Their Advisors
Written communications and
summaries or transcripts of oral
communications respecting the merits
of this proceeding from any outside
party to any Commissioner or
Commissioner’s advisor will be placed
on the public record. See 16 CFR
1.26(b)(4).
All comments should be filed as
prescribed in the ADDRESSES section
above, and must be received on or
before May 27, 2008.
By direction of the Commission.
Donald S. Clark
Secretary
[FR Doc. E8–3594 Filed 2–25–08: 8:45 am]
BILLING CODE 6750–01–S
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NATIONAL LABOR RELATIONS
BOARD
29 CFR Parts 101 and 102
Joint Petitions for Certification
Consenting to an Election
National Labor Relations Board
(NLRB)
ACTION: Notice of Proposed Rulemaking.
AGENCY:
SUMMARY: As part of its ongoing efforts
to address the needs of employers,
individuals, and labor organizations and
to further the fundamental purposes of
the National Labor Relations Act, the
National Labor Relations Board (NLRB)
is proposing to adopt a rule that would
authorize a petition for a prompt NLRB
election to be jointly filed by a labor
organization and an employer. The
following proposal is offered to provide
initial focus for public comment. The
public is nevertheless encouraged to
suggest alternatives.
DATES: All written comments must be
received on or before March 27, 2008.
ADDRESSES: All written comments
should be sent to the Office of the
Executive Secretary, National Labor
Relations Board, 1099 14th Street, NW.,
Room 11600, Washington, DC 20570–
0001. The comments should be filed in
eight copies, double spaced on 81⁄2-by11 inch paper and shall be printed or
otherwise legibly duplicated.
FOR FURTHER INFORMATION CONTACT:
Lester A. Heltzer, Executive Secretary,
Telephone (202) 273–1067, e-mail
address Lester.Heltzer@nlrb.gov.
SUPPLEMENTARY INFORMATION: Section
102.62 of the Board’s Rules and
Regulations currently provides three
kinds of ‘‘consent’’ election procedures.
Under § 102.62(a) and (b), the parties
must stipulate with respect to
jurisdictional facts, labor organization
status, appropriate unit description, and
classifications of employees included
and excluded. The parties must also
agree to the time, place, and other
election details. Under § 102.62(a), the
parties agree that post-election disputes
will be resolved with finality by the
Regional Director. Under § 102.62(b),
post-election disputes are resolved
pursuant to § 102.69 of the Board’s
Rules and Regulations, with the parties
retaining the right to file exceptions or
requests for review with the Board.
Under § 102.62(c), the parties can agree
to the conduct of an election with
disputed pre-election and post-election
matters to be resolved with finality by
the Regional Director.
The current proposal for revision of
the Board’s Rules and Regulations
would create a new, voluntary
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10199
procedure whereby a labor organization
and an employer could file jointly a
petition for certification consenting to
an election. The petition will provide
the date on which the parties have
agreed for an election, not to exceed 28
days from the date of the filing of the
petition, and the place and hours on
which the parties have agreed for an
election. In addition, the petition will
provide a description of the bargaining
unit that the parties claim to be
appropriate, the payroll period for
eligibility to vote in the election, and
the full names and addresses of
employees eligible to vote in the
election. If the petition lacks any
necessary information, the Regional
Director will so advise the parties and
request that the petition be corrected.
No showing of interest is required to
be filed with the petition. If it appears
to the Regional Director that the
information provided on the petition is
accurate and sufficient and that the
bargaining unit description is
appropriate on its face and not contrary
to any statutory provision, the petition
will be docketed. Within 3 days of the
docketing of the petition, the Regional
Director will advise the parties of his/
her approval of their request for an
election. The parties’ agreement as to
the date, place, and hours of the election
will be approved by the Regional
Director, absent extraordinary
circumstances.
Also within 3 days of the docketing of
the petition, the Regional Director will
send to the employer official NLRB
notices, informing employees that the
joint petition for certification has been
filed and specifying the date, place, and
hours of the election. These notices
must be posted by the employer in
conspicuous places where notices to
employees are customarily posted and
must remain posted through the
election. Failure to post these notices as
required shall be grounds for setting
aside the election whenever proper and
timely objections are filed under the
provisions of § 102.69(a). In addition to
these notices, the employer must also
post copies of the Board’s official Notice
of Election in conspicuous places at
least 3 full working days prior to 12:01
a.m. of the day of the election, as
required under § 103.20 of the Board’s
Rules and Regulations.
Any motions to intervene may be filed
with the Regional Director in
accordance with § 102.65 of the Board’s
Rules and Regulations, except that any
such motion must be filed within 14
days from the docketing of the petition.
The Board’s traditional intervention
policies regarding levels of intervention
and the intervenor’s corresponding
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Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Proposed Rules
rights to appear on the ballot, seek a
different unit either in scope or
composition, or insist on a hearing, will
be applicable.
Unfair labor practice charges,
including those alleging Section 8(a)(2)
or Section 8(a)(5) violations of the
National Labor Relations Act, will not
serve to block the election or cause the
ballots cast in the election to be
impounded, but will be handled in
conjunction with any post-election
proceedings. All election and postelection matters will be resolved with
finality by the Regional Director. Except
as outlined above, the Board’s
traditional election rules and policies
will apply, including those relating to
withdrawal or dismissal of the petition.
Although the Agency has decided to
give notice of proposed rulemaking with
respect to these rule changes, the
changes involve rules of agency
organization, procedure, or practice and
therefore no notice of proposed
rulemaking is required under section
553 of the Administrative Procedure Act
(5 U.S.C. 553). Accordingly, the
Regulatory Flexibility Act (5 U.S.C. 601)
does not apply to these rule changes.
List of Subjects in 29 CFR Parts 101 and
102
Administrative practice and
procedure, Labor management relations.
For the reasons set forth above, the
NLRB proposes to amend 29 CFR parts
101 and 102 as follows:
PART 101—STATEMENTS OF
PROCEDURES
1. The authority citation for 29 CFR
part 101 continues to read as follows:
Authority: Section 6 of the National Labor
Relations Act, as amended (29 U.S.C. 151,
156), and sec. 55(a) of the Administrative
Procedure Act (5 U.S.C. 552(a)). Section
101.14 also issued under sec. 2112(a)(1) of
Pub. L. 100–236, 28 U.S.C. 2112(a)(1).
2. Section 101.17 is amended by
adding a new second sentence and a
new sentence to the end of the section
to read as follows:
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§ 101.17 Initiation of representation cases
and petitions for clarification and
amendment.
* * * In addition, a petition for
certification consenting to an election
may be filed jointly by a labor
organization and an employer. * * *
If a petition for certification consenting
to an election is filed jointly by a labor
organization and an employer, no
evidence of representation is required to
be filed.
3. Section 101.18(a) is amended by
adding a new sentence at the end to
read as follows:
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§ 101.18
Investigation of petition.
(a) * * * In the case of a petition for
certification consenting to an election
filed jointly by a labor organization and
an employer, the bargaining unit
description, if appropriate on its face
and not contrary to any statutory
provision, will be deemed to constitute
an appropriate unit and there will be no
investigation of the evidence of
representation, which is not required to
be filed.
*
*
*
*
*
4. Section 101.19 is amended by
adding a new sentence to the end of the
introductory text and adding a new
paragraph (d) to read as follows:
§ 101.19 Consent adjustments before
formal hearing.
* * * In addition, the labor
organization and the employer may
consent to an election by means of filing
a joint petition for certification, as
provided for in § 102.60(b), § 102.61(c),
and § 102.62(d).
*
*
*
*
*
(d) A petition for certification
consenting to an election filed jointly by
a labor organization and an employer is
another method of informal adjustment
of representation cases.
(1) The terms of the consent election,
as specified on the petition, including
the bargaining unit description, the
payroll period to be used as a basis of
eligibility to vote in the election, and
the place, date, and hours of balloting,
will be approved by the Regional
Director, absent extraordinary
circumstances, within 3 days of the
docketing of the petition. Also within 3
days of the docketing of the petition, the
Regional Director will send to the
employer official NLRB notices,
informing employees that the petition
has been filed and specifying the date,
place, and hours of the election. These
notices must be posted by the employer
in conspicuous places where notices to
employees are customarily posted and
must remain posted through the
election.
(2) The election will be conducted
under the supervision of the Regional
Director in the manner already
described in this section. The filing of
an unfair labor practice charge will not
serve to block the election or cause the
ballots cast in the election to be
impounded, but will be handled in
conjunction with any post-election
proceedings in accordance with
§ 102.69.
(3) All matters arising after the
election, including determinative
challenged ballots and objections to the
conduct of the election shall be
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processed in a manner consistent with
paragraphs (a) (4), (5), and (6) of this
section.
5. Section § 102.60 is amended by
adding a new second sentence to
paragraph (a), redesignating paragraph
(b) as (c), and adding a new paragraph
(b) to read as follows:
§ 102.60
Petitions.
(a) * * * A petition may also be filed
jointly by a labor organization and an
employer (see paragraph (b) of this
section). * * *
(b) Joint petition for certification
consenting to an election; who may file;
where to file; withdrawal.—A petition
for certification consenting to an
election may be filed jointly by a labor
organization and an employer. Where
applicable, the same procedures set
forth in paragraph (a) of this section
shall be followed.
6. Section 102.61 is amended by
redesignating paragraphs (c) through (e)
as (d) through (f) and adding a new
paragraph (c) to read as follows:
§ 102.61 Contents of petition for
certification; contents of petition for
decertification; contents of petition for
clarification of bargaining unit; contents of
petition for amendment of certification.
*
*
*
*
*
(c) A petition for certification
consenting to an election, when filed
jointly by a labor organization and an
employer, shall contain the following:
(1) The name of the employer.
(2) The address of the establishment
involved.
(3) The general nature of the
employer’s business.
(4) Commerce information
establishing that the employer’s
operations affect commerce within the
meaning of the Act.
(5) The name, the affiliation, if any,
and the address of the labor
organization.
(6) A description of the bargaining
unit that the parties claim to be
appropriate.
(7) The number of employees in the
alleged appropriate unit.
(8) The date on which the parties have
agreed for an election, not to exceed 28
days from the date of the filing of the
petition.
(9) The place and hours on which the
parties have agreed for an election.
(10) The payroll period for eligibility
to vote in the election.
(11) The full names and addresses of
employees eligible to vote in the
election.
(12) Any other relevant facts.
*
*
*
*
*
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Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Proposed Rules
7. Section 102.62 is amended by
adding a new paragraph (d) to read as
follows:
§ 102.62
Consent-election agreements.
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*
*
*
*
*
(d) Where a petition for certification
consenting to an election has been duly
filed jointly by a labor organization and
an employer pursuant to § 102.60(b) and
102.61(c), and it appears to the Regional
Director that the information provided
on the petition is accurate and sufficient
and that the bargaining unit description
is appropriate on its face and not
contrary to any statutory provision, the
petition will be docketed. Within 3 days
of the docketing of the petition, the
Regional Director will advise the parties
of his/her approval of their request for
an election. The parties’ agreement as to
the date, place, and hours of the election
will be approved by the Regional
Director, absent extraordinary
circumstances. Also within 3 days of the
docketing of the petition, the Regional
Director will send to the employer
official NLRB notices, informing
employees that the joint petition for
certification has been filed and
specifying the date, place, and hours of
the election. These notices must be
posted by the employer in conspicuous
places where notices to employees are
customarily posted and must remain
posted through the election. Failure to
post these notices as required herein
shall be grounds for setting aside the
election whenever proper and timely
objections are filed under the provisions
of § 102.69(a). In addition to these
notices, the employer must also post
copies of the Board’s official Notice of
Election in conspicuous places at least
3 full working days prior to 12:01 a.m.
of the day of the election, as required
under § 103.20. Any motions to
intervene may be filed with the Regional
Director in accordance with § 102.65,
except that any such motion must be
filed within 14 days from the docketing
of the petition. The filing of an unfair
labor practice charge will not serve to
block the election or cause the ballots
cast in the election to be impounded,
but will be handled in conjunction with
any post-election proceedings in
accordance with § 102.69. The election
shall be conducted under the direction
and supervision of the Regional
Director. The method of conducting the
election shall be consistent with the
method followed by the Regional
Director in conducting elections
pursuant to § 102.69 and 102.70 except
that the rulings and determinations by
the Regional Director of the results
thereof shall be final, and the Regional
Director shall issue to the parties a
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Jkt 214001
certification of the results of the
election, including certifications of
representative where appropriate, with
the same force and effect as if issued by
the Board, provided further that rulings
or determinations by the Regional
Director in respect to any amendment of
such certification shall also be final.
Dated: Washington, DC, February 11, 2008.
By direction of the Board.
Lester A. Heltzer,
Executive Secretary.
[FR Doc. E8–2767 Filed 2–25–08; 8:45 am]
BILLING CODE 7545–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–1068; FRL–8531–9]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Section 110(a)(1) 8-Hour Ozone
Maintenance Plan for the White Top
Mountain, Smyth County, VA
1-Hour Ozone Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the
Commonwealth of Virginia. This
revision pertains to a 10-year
maintenance plan for the White Top
Mountain 1-hour ozone nonattainment
area located in Smyth County, Virginia.
This action is being taken under the
Clean Air Act (CAA).
DATES: Written comments must be
received on or before March 27, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2007–1068 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2007–1068,
Cristina Fernandez, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously
listed EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2007–
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10201
1068. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
e-mail at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION: On August
6, 2007, the Virginia Department of
Environmental Quality (VADEQ)
submitted a revision to its (SIP) for
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]]>Agencies
[Federal Register Volume 73, Number 38 (Tuesday, February 26, 2008)]
[Proposed Rules]
[Pages 10199-10201]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2767]
=======================================================================
-----------------------------------------------------------------------
NATIONAL LABOR RELATIONS BOARD
29 CFR Parts 101 and 102
Joint Petitions for Certification Consenting to an Election
AGENCY: National Labor Relations Board (NLRB)
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: As part of its ongoing efforts to address the needs of
employers, individuals, and labor organizations and to further the
fundamental purposes of the National Labor Relations Act, the National
Labor Relations Board (NLRB) is proposing to adopt a rule that would
authorize a petition for a prompt NLRB election to be jointly filed by
a labor organization and an employer. The following proposal is offered
to provide initial focus for public comment. The public is nevertheless
encouraged to suggest alternatives.
DATES: All written comments must be received on or before March 27,
2008.
ADDRESSES: All written comments should be sent to the Office of the
Executive Secretary, National Labor Relations Board, 1099 14th Street,
NW., Room 11600, Washington, DC 20570-0001. The comments should be
filed in eight copies, double spaced on 8\1/2\-by-11 inch paper and
shall be printed or otherwise legibly duplicated.
FOR FURTHER INFORMATION CONTACT: Lester A. Heltzer, Executive
Secretary, Telephone (202) 273-1067, e-mail address
Lester.Heltzer@nlrb.gov.
SUPPLEMENTARY INFORMATION: Section 102.62 of the Board's Rules and
Regulations currently provides three kinds of ``consent'' election
procedures. Under Sec. 102.62(a) and (b), the parties must stipulate
with respect to jurisdictional facts, labor organization status,
appropriate unit description, and classifications of employees included
and excluded. The parties must also agree to the time, place, and other
election details. Under Sec. 102.62(a), the parties agree that post-
election disputes will be resolved with finality by the Regional
Director. Under Sec. 102.62(b), post-election disputes are resolved
pursuant to Sec. 102.69 of the Board's Rules and Regulations, with the
parties retaining the right to file exceptions or requests for review
with the Board. Under Sec. 102.62(c), the parties can agree to the
conduct of an election with disputed pre-election and post-election
matters to be resolved with finality by the Regional Director.
The current proposal for revision of the Board's Rules and
Regulations would create a new, voluntary procedure whereby a labor
organization and an employer could file jointly a petition for
certification consenting to an election. The petition will provide the
date on which the parties have agreed for an election, not to exceed 28
days from the date of the filing of the petition, and the place and
hours on which the parties have agreed for an election. In addition,
the petition will provide a description of the bargaining unit that the
parties claim to be appropriate, the payroll period for eligibility to
vote in the election, and the full names and addresses of employees
eligible to vote in the election. If the petition lacks any necessary
information, the Regional Director will so advise the parties and
request that the petition be corrected.
No showing of interest is required to be filed with the petition.
If it appears to the Regional Director that the information provided on
the petition is accurate and sufficient and that the bargaining unit
description is appropriate on its face and not contrary to any
statutory provision, the petition will be docketed. Within 3 days of
the docketing of the petition, the Regional Director will advise the
parties of his/her approval of their request for an election. The
parties' agreement as to the date, place, and hours of the election
will be approved by the Regional Director, absent extraordinary
circumstances.
Also within 3 days of the docketing of the petition, the Regional
Director will send to the employer official NLRB notices, informing
employees that the joint petition for certification has been filed and
specifying the date, place, and hours of the election. These notices
must be posted by the employer in conspicuous places where notices to
employees are customarily posted and must remain posted through the
election. Failure to post these notices as required shall be grounds
for setting aside the election whenever proper and timely objections
are filed under the provisions of Sec. 102.69(a). In addition to these
notices, the employer must also post copies of the Board's official
Notice of Election in conspicuous places at least 3 full working days
prior to 12:01 a.m. of the day of the election, as required under Sec.
103.20 of the Board's Rules and Regulations.
Any motions to intervene may be filed with the Regional Director in
accordance with Sec. 102.65 of the Board's Rules and Regulations,
except that any such motion must be filed within 14 days from the
docketing of the petition. The Board's traditional intervention
policies regarding levels of intervention and the intervenor's
corresponding
[[Page 10200]]
rights to appear on the ballot, seek a different unit either in scope
or composition, or insist on a hearing, will be applicable.
Unfair labor practice charges, including those alleging Section
8(a)(2) or Section 8(a)(5) violations of the National Labor Relations
Act, will not serve to block the election or cause the ballots cast in
the election to be impounded, but will be handled in conjunction with
any post-election proceedings. All election and post-election matters
will be resolved with finality by the Regional Director. Except as
outlined above, the Board's traditional election rules and policies
will apply, including those relating to withdrawal or dismissal of the
petition.
Although the Agency has decided to give notice of proposed
rulemaking with respect to these rule changes, the changes involve
rules of agency organization, procedure, or practice and therefore no
notice of proposed rulemaking is required under section 553 of the
Administrative Procedure Act (5 U.S.C. 553). Accordingly, the
Regulatory Flexibility Act (5 U.S.C. 601) does not apply to these rule
changes.
List of Subjects in 29 CFR Parts 101 and 102
Administrative practice and procedure, Labor management relations.
For the reasons set forth above, the NLRB proposes to amend 29 CFR
parts 101 and 102 as follows:
PART 101--STATEMENTS OF PROCEDURES
1. The authority citation for 29 CFR part 101 continues to read as
follows:
Authority: Section 6 of the National Labor Relations Act, as
amended (29 U.S.C. 151, 156), and sec. 55(a) of the Administrative
Procedure Act (5 U.S.C. 552(a)). Section 101.14 also issued under
sec. 2112(a)(1) of Pub. L. 100-236, 28 U.S.C. 2112(a)(1).
2. Section 101.17 is amended by adding a new second sentence and a
new sentence to the end of the section to read as follows:
Sec. 101.17 Initiation of representation cases and petitions for
clarification and amendment.
* * * In addition, a petition for certification consenting to an
election may be filed jointly by a labor organization and an employer.
* * * If a petition for certification consenting to an election is
filed jointly by a labor organization and an employer, no evidence of
representation is required to be filed.
3. Section 101.18(a) is amended by adding a new sentence at the end
to read as follows:
Sec. 101.18 Investigation of petition.
(a) * * * In the case of a petition for certification consenting to
an election filed jointly by a labor organization and an employer, the
bargaining unit description, if appropriate on its face and not
contrary to any statutory provision, will be deemed to constitute an
appropriate unit and there will be no investigation of the evidence of
representation, which is not required to be filed.
* * * * *
4. Section 101.19 is amended by adding a new sentence to the end of
the introductory text and adding a new paragraph (d) to read as
follows:
Sec. 101.19 Consent adjustments before formal hearing.
* * * In addition, the labor organization and the employer may
consent to an election by means of filing a joint petition for
certification, as provided for in Sec. 102.60(b), Sec. 102.61(c), and
Sec. 102.62(d).
* * * * *
(d) A petition for certification consenting to an election filed
jointly by a labor organization and an employer is another method of
informal adjustment of representation cases.
(1) The terms of the consent election, as specified on the
petition, including the bargaining unit description, the payroll period
to be used as a basis of eligibility to vote in the election, and the
place, date, and hours of balloting, will be approved by the Regional
Director, absent extraordinary circumstances, within 3 days of the
docketing of the petition. Also within 3 days of the docketing of the
petition, the Regional Director will send to the employer official NLRB
notices, informing employees that the petition has been filed and
specifying the date, place, and hours of the election. These notices
must be posted by the employer in conspicuous places where notices to
employees are customarily posted and must remain posted through the
election.
(2) The election will be conducted under the supervision of the
Regional Director in the manner already described in this section. The
filing of an unfair labor practice charge will not serve to block the
election or cause the ballots cast in the election to be impounded, but
will be handled in conjunction with any post-election proceedings in
accordance with Sec. 102.69.
(3) All matters arising after the election, including determinative
challenged ballots and objections to the conduct of the election shall
be processed in a manner consistent with paragraphs (a) (4), (5), and
(6) of this section.
5. Section Sec. 102.60 is amended by adding a new second sentence
to paragraph (a), redesignating paragraph (b) as (c), and adding a new
paragraph (b) to read as follows:
Sec. 102.60 Petitions.
(a) * * * A petition may also be filed jointly by a labor
organization and an employer (see paragraph (b) of this section). * * *
(b) Joint petition for certification consenting to an election; who
may file; where to file; withdrawal.--A petition for certification
consenting to an election may be filed jointly by a labor organization
and an employer. Where applicable, the same procedures set forth in
paragraph (a) of this section shall be followed.
6. Section 102.61 is amended by redesignating paragraphs (c)
through (e) as (d) through (f) and adding a new paragraph (c) to read
as follows:
Sec. 102.61 Contents of petition for certification; contents of
petition for decertification; contents of petition for clarification of
bargaining unit; contents of petition for amendment of certification.
* * * * *
(c) A petition for certification consenting to an election, when
filed jointly by a labor organization and an employer, shall contain
the following:
(1) The name of the employer.
(2) The address of the establishment involved.
(3) The general nature of the employer's business.
(4) Commerce information establishing that the employer's
operations affect commerce within the meaning of the Act.
(5) The name, the affiliation, if any, and the address of the labor
organization.
(6) A description of the bargaining unit that the parties claim to
be appropriate.
(7) The number of employees in the alleged appropriate unit.
(8) The date on which the parties have agreed for an election, not
to exceed 28 days from the date of the filing of the petition.
(9) The place and hours on which the parties have agreed for an
election.
(10) The payroll period for eligibility to vote in the election.
(11) The full names and addresses of employees eligible to vote in
the election.
(12) Any other relevant facts.
* * * * *
[[Page 10201]]
7. Section 102.62 is amended by adding a new paragraph (d) to read
as follows:
Sec. 102.62 Consent-election agreements.
* * * * *
(d) Where a petition for certification consenting to an election
has been duly filed jointly by a labor organization and an employer
pursuant to Sec. 102.60(b) and 102.61(c), and it appears to the
Regional Director that the information provided on the petition is
accurate and sufficient and that the bargaining unit description is
appropriate on its face and not contrary to any statutory provision,
the petition will be docketed. Within 3 days of the docketing of the
petition, the Regional Director will advise the parties of his/her
approval of their request for an election. The parties' agreement as to
the date, place, and hours of the election will be approved by the
Regional Director, absent extraordinary circumstances. Also within 3
days of the docketing of the petition, the Regional Director will send
to the employer official NLRB notices, informing employees that the
joint petition for certification has been filed and specifying the
date, place, and hours of the election. These notices must be posted by
the employer in conspicuous places where notices to employees are
customarily posted and must remain posted through the election. Failure
to post these notices as required herein shall be grounds for setting
aside the election whenever proper and timely objections are filed
under the provisions of Sec. 102.69(a). In addition to these notices,
the employer must also post copies of the Board's official Notice of
Election in conspicuous places at least 3 full working days prior to
12:01 a.m. of the day of the election, as required under Sec. 103.20.
Any motions to intervene may be filed with the Regional Director in
accordance with Sec. 102.65, except that any such motion must be filed
within 14 days from the docketing of the petition. The filing of an
unfair labor practice charge will not serve to block the election or
cause the ballots cast in the election to be impounded, but will be
handled in conjunction with any post-election proceedings in accordance
with Sec. 102.69. The election shall be conducted under the direction
and supervision of the Regional Director. The method of conducting the
election shall be consistent with the method followed by the Regional
Director in conducting elections pursuant to Sec. 102.69 and 102.70
except that the rulings and determinations by the Regional Director of
the results thereof shall be final, and the Regional Director shall
issue to the parties a certification of the results of the election,
including certifications of representative where appropriate, with the
same force and effect as if issued by the Board, provided further that
rulings or determinations by the Regional Director in respect to any
amendment of such certification shall also be final.
Dated: Washington, DC, February 11, 2008.
By direction of the Board.
Lester A. Heltzer,
Executive Secretary.
[FR Doc. E8-2767 Filed 2-25-08; 8:45 am]
BILLING CODE 7545-01-P
