Current through Register Vol. 48, No. 38, September 20, 2024
a) Executive Director's Orders
1) Parties may appeal to the Board orders of
the Executive Director, except orders setting matters for hearing. Notice of
appeal and all supporting materials shall be filed with the Board's General
Counsel, in the Board's Chicago office, no later than 10 days after service of
the Executive Director's order. The appeal shall be served on all other parties
in accordance with Section
1200.20.
2) A party may file a response to the appeal
and all materials in support of the response no later than 5 days after service
of the appeal. The response shall be served on all other parties in accordance
with Section 1200.20.
3) The Board
will review an Executive Director's order only upon the timely filing of an
appeal. The Board may adopt all, part or none of the order depending on the
extent to which it is consistent with the record and applicable law. The Board
shall issue and serve on all parties its decision and order.
b) Administrative Law Judge's
Recommended Decision and Order
1) Proceedings
A) In representation proceedings, parties may
file exceptions to the Administrative Law Judge's recommended decision and
order, and briefs in support of those exceptions, no later than 14 days after
service of the recommended decision and order. Parties may file responses to
exceptions and briefs in support of the responses no later than 10 days after
service of the exceptions. In such responses, parties that have not previously
filed exceptions may include cross-exceptions to any portion of the
Administrative Law Judge's decision. Within 5 days from the filing of the
cross-exceptions, parties may file cross-responses to the cross-exceptions.
Cross-responses shall be limited to the questions raised in the
cross-exceptions. All exceptions, responses, cross-exceptions and
cross-responses shall be filed in accordance with Section
1200.135.
Each party shall serve its exceptions, cross-exceptions, responses,
cross-responses, and briefs on the other parties. If the original exceptions
are withdrawn, then all subsequent exceptions are moot.
B) In unfair labor practice proceedings,
parties may file exceptions to the Administrative Law Judge's recommended
decision and order, and briefs in support of those exceptions, no later than 30
days after service of the recommended decision and order. Parties may file
responses to exceptions and briefs in support of the responses no later than 15
days after service of the exceptions. In such responses, parties that have not
previously filed exceptions may include cross-exceptions to any portion of the
Administrative Law Judge's decision. Within 7 days from the filing of such
cross-exceptions, parties may file cross-responses to the cross-exceptions.
Cross-responses shall be limited to the questions raised in the
cross-exceptions. All exceptions, responses, cross-exceptions and
cross-responses shall be filed in accordance with Section 1200.135. Each party
shall serve its exceptions, cross-exceptions, responses, cross-responses, and
briefs on the other parties.
C) In
either type of proceeding, exceptions, responses, cross-exceptions,
cross-responses and briefs, shall be filed with the Board's General Counsel in
the Board's Chicago office. A party not filing timely exceptions waives its
right to object to the Administrative Law Judge's recommended decision and
order.
2) Exceptions
and/or cross-exceptions shall specifically set forth the questions of
procedure, fact, law or policy to which exception is taken, shall identify that
part of the Administrative Law Judge's recommended decision and order to which
objection is made, and shall state the grounds for the exceptions and shall
include the citation of authorities and citations to the record unless set
forth in a supporting brief. Any exception to a ruling, finding, conclusion or
recommendation that is not specifically urged shall be deemed to have been
waived. Any exception that fails to comply with the foregoing requirements may
be disregarded.
3) Any brief in
support of exceptions shall be confined to the subjects raised in the
exceptions and shall contain:
A) a clear and
concise statement of the case containing all that is material to the
consideration of the questions presented;
B) a specification of the questions involved
and the issues to be argued; and
C)
an argument, presenting clearly the points of fact and law relied upon in
support of the position taken on each question.
4) The Board will review the Administrative
Law Judge's recommended decision and order upon timely filing of exceptions or
at any time on its own motion. The Board may adopt all, part or none of the
recommended decision and order depending on the extent to which it is
consistent with the record and applicable law. The Board shall issue and serve
on all parties its decision and order.
A) In
representation proceedings, if the Board determines that a question concerning
representation exists, the Board shall direct the holding of an election on a
date and at a time and place set by the Board. The Board shall direct the
posting of a Notice of Election. Within 7 days following the Board's direction
of an election, the employer shall furnish the Board and the labor organization
with a list of the full names, alphabetized by last name, and addresses of the
employees eligible to vote in the election. The list shall be provided by
personal delivery or certified mail. The employer shall obtain receipts
verifying delivery.
B) In unfair
labor practice proceedings, the Board will retain jurisdiction over the case to
ensure the parties' compliance with the Board order. Unless overturned by the
Board, the parties must comply with the recommended decision and
order.
5) If no
exceptions to the Administrative Law Judge's recommended decision and order
have been filed within the prescribed time period, the parties will be deemed
to have waived their exceptions. Unless the Board reviews the recommended
decision and order upon its own motion, it will not be legal precedent and
shall be final and binding only on the parties to that proceeding. The Board's
General Counsel shall issue an order so providing.
c) Requests for Oral Argument
Parties desiring oral argument before the Board shall request
oral argument and state the reasons for the requests in their appeals,
exceptions and responses. The Board shall grant or deny requests for oral
argument depending upon the significance, complexity and novelty of the issues.
In addition, the Board may, on its own motion, request oral argument, depending
upon the significance, complexity and novelty of the issues.
d) Court Review of Board Orders
Appeals to a Board's decision shall be made in accordance with
Sections 9(i) and 11(e) of the Act.