§ 204.53 Filing of complaints. A complaint alleging violations of this part may be filed with any Area Administrator. PROCEDURES UNDER BILL OF RIGHTS § 204.54 Complaints alleging_violations of § 204.2, Bill of Rights of members of labor organizations. Any member of a labor organization whose rights under the provisions of § 204.2 are alleged to have been infringed or violated, may file a complaint in accordance with § 204.53: Provided, however, That such member may be required to exhaust reasonable hearing procedures (but not to exceed a 4-month lapse of time) within such organization. § 204.55 Content of complaint. (a) The complaint shall contain appropriate identifying information and a clear and concise statement of the facts constituting the alleged violation. (b) The complainant shall submit with his complaint a statement setting forth the procedures, if any, invoked to remedy the alleged violation including the dates when such procedures were invoked and copies of any written ruling or decision which he has received. § 204.56 Service on respondent. Simultaneously with the filing of a complaint, a copy of the complaint shall be served upon the respondent, and a written statement of such service shall be furnished to the Area Administrator. § 204.57 Investigation. (a) Upon the filing of a complaint pursuant to §§ 204.54-204.56, the Area Administrator shall make such investigation as he deems necessary and shall report the essential facts, the positions of the parties, and any offers of settlement to the Regional Administrator. (b) An investigation to determine whether any person has violated § 204.2 shall be conducted only after receipt of a complaint filed pursuant to §§ 204.54204.56 and shall be limited to the allegations of such complaint. § 204.58 Dismissal of complaint. If the Regional Administrator, after receipt of a report of the Area Administrator pursuant to § 204.57, determines that a reasonable basis for the complaint has not been established, or that a satisfactory offer of settlement has been made, he may dismiss the complaint. If he dismisses the complaint, he shall furnish the complainant with a written statement of the grounds for dismissal, sending a copy of the statement to the respondent. § 204.59 Review of dismissal. The complainant may obtain a review of such action by filing a request for review with the Assistant Secretary within ten (10) days of service of the notice of dismissal and simultaneously serving a copy of such request on the Regional Administrator and the respondent. A statement of service shall be filed with the Assistant Secretary. The request for review shall contain a complete statement of the facts and reasons upon which a request is based. § 204.60 Actionable complaint. If it appears to the Regional Administrator that there is a reasonable basis for the complaint, and that no satisfactory offer of settlement has been made, he shall cause a notice of hearing to be issued and served on both the complainant and the labor organization. § 204.61 Notice of hearing. The notice of hearing shall include: (b) A statement of the time and place of the hearing which shall be not less than 10 days after service of notice of the hearing, except in extraordinary circumstances; (c) A statement of the nature of the hearing; and (d) A statement of the authority and jurisdiction under which the hearing is to be held. § 204.62 Hearing procedures. The proceedings following issuance of the notice of hearing shall be as provided in §§ 203.10 through 203.26 of this chapter. ELECTION OF OFFICERS § 204.63 Complaints alleging violations of § 204.29, Election of officers. (a) A member of a labor organization may file a complaint alleging violations of § 204.29 within 1 calendar month after he has (1) exhausted the remedies available under the constitution and bylaws of the labor organization and of any parent body, or (2) invoked such available remedies without obtaining a (a) If the Director concludes that there is probable cause to believe that a violation has occurred and has not been remedied and may have affected the outcome of the election, he shall proceed in accordance with §§ 204.66 through 204.73. (b) The challenged election shall be presumed valid pending a final decision thereon by the Assistant Secretary, and in the interim the affairs of the organization shall be conducted by the officers elected or in such other manner as its constitution and bylaws may provide. OTHER ENFORCEMENT PROCEEDINGS § 204.66 Procedures for institution of enforcement proceedings. Whenever it appears to the Director that a violation of this part (other than § 204.2, Bill of Rights of members of labor organizations) has occurred and has not been remedied, he shall immediately notify any appropriate person and labor organization. Within ten (10) days following receipt of such notification, any such person or labor organization may request a conference with the Director or his representatives concerning such alleged violation. At any such conference, the Director may enter into an agreement providing for appropriate remedial action. If no person or labor organization requests such a conference, or upon fail ure to reach agreement following any such conference, the Director shall, through the Regional Administrator, cause a notice of hearing to be issued. § 204.67 Notice of hearing. The notice of hearing shall constitute the institution of a formal enforcement proceeding in the name of the Director, who shall be the only complaining party in the proceeding and shall, where he believes it appropriate, refrain from disclosing the identity of any person who called the violation to his attention (except in proceedings involving violations of § 204.29, Election of officers). The notice of hearing shall include the following: (a) The name and identity of each respondent. (b) A clear and concise statement of the facts alleged to constitute violations of the order or of this part. (c) A statement of the authority and jurisdiction under which the hearing is to be held. (d) A statement of the time and place of the hearing which shall be not less than ten (10) days after service of the notice of the hearing. (e) In any notice of hearing issued upon the basis of a complaint filed pursuant to § 204.63, a statement setting forth the procedures, if any, followed to invoke available remedies, including the dates when such procedures were invoked, and the substance of any ruling or decision received by the complaining member from the labor organization or any parent body. (a) Within fourteen (14) days from the service of the notice of hearing, the respondent shall file an answer thereto with the Chief Hearing Examiner or with the Hearing Examiner if one has been designated, and furnish a copy to the Director. The answer shall be signed by the respondent or his attorney. (b) The answer shall (1) contain a statement of the facts which constitute the grounds of defense, and shall specifically admit, explain, or deny each of the allegations of the notice of hearing unless the respondent is without knowledge, in which case the answer shall so state; or (2) state that the respondent admits all of the allegations in the notice of hearing. Failure to file an answer to or plead specifically to any allegation in Motions made prior to the hearing shall be filed with the Chief Hearing Examiner or with the Hearing Examiner if one has been designated. Motions during the course of the hearing may be stated orally or filed in writing and shall be made part of the record. Each motion shall state the particular order, ruling, or action desired, and the grounds therefor. The Hearing Examiner is authorized to rule upon all motions made prior to the filing of his report. The Chief Hearing Examiner may rule upon motions made prior to the designation of the Hearing Examiner or may refer such motions to a Hearing Examiner. § 204.71 Prehearing conferences. (a) Upon his own motion or the motion of the parties, the Hearing Examiner may direct the parties or their counsel to meet with him for a conference to consider: (1) Simplification of the issues; (2) Necessity or desirability of amendments to the notice of hearing or answer for purposes of clarification, simplification, or limitation; (3) Stipulations, admissions of fact, and of contents and authenticity of documents; (4) Limitation of the number of expert witnesses; and (5) Such other matters as may tend to expedite the disposition of the proceeding. (b) The record shall show the matters disposed of by order and by agreement in such pretrial conferences. The subsequent course of the proceeding shall be controlled by such action. 205.5 205.6 PART 205-MISCELLANEOUS Computation of time for filing papers. Additional time after service by mail. Documents in a proceeding. Service of pleading and other paper under this chapter. Transfer of case to Assistant Secretary. and production of documents at 205.7 Rules to be liberally construed. 205.8 Petitions for amendment of regulations. AUTHORITY: The provisions of this Part 205 issued under secs. 6, 18, E.O. 11491; 3 CFR, 1969 Comp., p. 191. SOURCE: The provisions of this Part 205 appear at 35 F.R. 2563, Feb. 4, 1970, unless otherwise noted. § 205.1 Computation of time for filing papers. In computing any period of time prescribed by or allowed by the regulations in this chapter, the day of the act, event, or default after which the designated period of time begins to run, shall not be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or Federal legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or a Federal legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and Federal legal holidays shall be excluded from the computations. When Whenever a party has the right or is required to do some act pursuant to the regulations in this chapter within a prescribed period after service of a notice or other paper upon him and the notice or paper is served on him by mail, three (3) days shall be added to the prescribed period: Provided, however, That three (3) days shall not be added if any extension of time may have been granted. § 205.3 Documents in a proceeding. (a) Title. Documents in any proceeding under the regulations in this chapter including correspondence shall show the title of the proceeding and the case number, if any. (b) Number of copies; form. Except as otherwise provided in the regulations in this chapter, any documents or papers shall be filed with four (4) copies in addition to the original. All matters filed shall be printed, typed, or otherwise legibly duplicated; carbon copies of typewritten matter will be accepted if they are clearly legible. (c) Signature. The original of each document required to be filed under the regulations in this chapter shall be signed by the party or by an attorney or representative of record for the party, or by an officer of the party and shall contain the address and telephone number of the person signing it. § 205.4 Service of pleading and other paper under this chapter. (a) Method of service. Notices of hearing, decisions, orders and other papers may be served personally or by registered or certified mail or by telegraph. (b) Upon whom served. All papers except complaints, petitions and papers relating to requests for appearance of witnesses or production of documents shall be served upon all counsel of record and upon parties not represented by counsel or by their agents designated by them or by law and upon the Assistant Secretary, or his designated officer or agent or examiner, where appropriate. Service upon such counsel or representative shall constitute service upon the party, but a copy also shall be transmitted to the party. (c) Statement of service. The party or person serving the papers or process shall submit simultaneously to the Assistant Secretary or other designated representative, or to the individual conducting the proceeding, a written statement of such service; failure to file a statement of service shall not affect the validity of the service. Proof of service shall be required only if subsequent to the receipt of a statement of service a question is raised with respect to proper service. § 205.5 Transfer of case to Assistant Secretary. (a) In any case under Parts 202 and 203 of this chapter in which the Regional Administrator determines that no material issue of fact exists, he may transfer the case to the Assistant Secretary who shall decide the case on the basis of the papers alone after having allowed ten (10) days for the filing of briefs and/or requests for review of the Regional Administrator's action; or the Assistant Secretary may remand the case to the Regional Administrator if he determines that material fact questions exist. Orders of transfer and remand shall be served on all parties. (b) In any case under Parts 202 and 203 of this chapter in which it appears to the Regional Administrator that the proceedings raise questions which should be decided by the Assistant Secretary, he may, at any time, issue an order transferring the case to the Assistant Secretary for decision or other appropriate action. Such an order shall be served on the parties. § 205.6 Request for appearance of witnesses and production of documents at hearing. The Regional Administrator, Hearing Officer, or Hearing Examiner as appropriate may request the attendance of witnesses and the production of documents at a hearing held pursuant to this chapter. A party may file a written application for such request with the Re gional Administrator before the opening of a hearing or with a Hearing Officer or Hearing Examiner during the hearing. The application for request shall name and identify the witness or the documents sought, or both, and the reason therefor. Notice of an application for request need not be communicated to the parties. The Regional Administrator, Hearing Officer or Hearing Examiner shall grant the request provided the anticipated testimony or documents appear to be reasonably related to the matters under investigation and describes with sufficient particularity the documents sought. If the Regional Administrator, Hearing Officer, or Hearing Examiner denies such request he shall set forth the basis for his ruling, which shall become a part of the record. Upon the failure of any party or officer of any party to comply with such a request the Regional Administrator, the Hearing Officer, Hearing Examiner, or the Assistant Secretary may disregard all related evidence offered by the party failing to produce such evidence. § 205.7 Rules to be liberally construed. (a) The regulations in this chapter shall be liberally construed to effectuate the purposes and provisions of the order. (b) When an act is required or allowed to be done at or within a specified time the Assistant Secretary may at any time order the period altered where it shall be manifest that strict adherence will work surprise or injustice or interfere with the proper effectuation of the order. § 205.8 Petitions for amendment of regulations. Any interested person may petition the Assistant Secretary in writing for amendments to any portion of the regulations in this chapter. Such petition shall identify the portion of the regulations involved and provide the specific language of the proposed amendment together with a statement of grounds in support of such petition. § 210.20 SUPERVISORS Supervisors acting as delegates to labor organization conventions held prior to December 31, 1970. Under the principles stated in section 1(b) of Executive Order 11491, supervisors are not authorized to participate in the management of a labor organization or to act as a representative of such an organization, except as provided in section 24 of the Order. Section 24(d) of Executive Order 11491 provides that supervisors shall be excluded from units of formal and exclusive recognition by December 31, 1970, except as provided in section 24(a). The Executive Order specifically recognizes a transitional period between Executive Order 10988 and Executive Order 11491 as stated in section 24(d). Therefore, the fact that a supervisor may be a delegate to a labor organization convention held prior to December 31, 1970, will not, in and of itself, violate section 1(b) of Executive Order 11491. |