jority of the craft or class must be made before the National Mediation Board will authorize an election or otherwise determine the representation desires of the employees under the provisions of section 2, Ninth, of the Railway Labor Act.

(b) Where the employees involved in a representation dispute are unrepresented, a showing of proved authorizations from at least thirty-five (35) percent of the employees in the craft or class must be made before the National Mediation Board will authorize an election or otherwise determine the representation desires of the employees under the provisions of section 2, Ninth, of the Railway Labor Act.

§ 1208.3 Age of authorization cards. Authorizations must be signed and dated in the employee's own handwriting or witnessed mark. No authorizations will be accepted by the National Mediation Board in any employee representation dispute which bear a date prior to one year before the date of the application for the investigation of such dispute.

§ 1208.4 Repeat elections. The National Mediation Board will not commence the investigation of a representation dispute for a period of two (2) years from the date of a certification hereafter issued covering the same craft or class of employees on the same carrier in which a representative was certified except in unusual or extraordinary cir.cumstances.

§ 1208.5 Necessary evidence of intervenor's interest in a representation dispute. In any representation dispute under the provisions of section 2, Ninth, of the Railway Labor Act, an intervening individual or organization must produce proved authorizations from at least thirty-five (35) percent of the craft or class of employees involved to warrant

placing the name of the intervenor on the ballot.

§ 1208.6 Eligibility of dismissed employees to vote. Dismissed employees whose requests for reinstatement account of wrongful dismissal are pending before proper authorities, which includes the National Railroad Adjustment Board or other appropriate adjustment board, are eligible to participate in elections among the craft or class of employees in which they are employed at time of dismissal. This does not include dismissed employees whose guilt has been determined, and who are seeking reinstatement on a leniency basis.

§ 1208.7 Construction of rules. These rules and regulations shall be liberally construed to effectuate the purposes and provisions of the act.

§ 1208.8 Amendment or rescission of rules. (a) Any rule or regulation may be amended or rescinded by the Board at any time.

(b) Any interested person may petition the Board, in writing, for the issuance, amendment, or repeal of a rule or regulation. An original and three copies of such petition shall be filed with the Board in Washington, D. C., and shall state the rule or regulation proposed to be issued, amended, or repealed, together with a statement of grounds in support of such petition.

(c) Upon the filing of such petition, the Board shall consider the same, and may thereupon either grant or deny the petition in whole or in part, conduct an appropriate hearing thereon and make other disposition of the petition. Should the petition be denied in whole or in part, prompt notice shall be given of the denial, accompanied by a simple statement of the grounds unless the denial is self explanatory.

§ 1405.1 Records; withdrawal, inspection and copies-(a) Withdrawal. No report, letter, memorandum file or other document or paper in the official custody of the Service (hereinafter referred to in this order as "records") shall be taken, withdrawn or removed therefrom by any person not officially connected with the Service or any agent or representative of such person without the written consent of the Director.

(b) Inspection and copies. All records in the official custody of the Service are hereby declared to be confidential for good cause found. Inspection and the procurement of copies thereof, will be afforded only to persons who demonstrate a material and justifiable interest therein not prejudicial to the public interest as determined by the Director. Applica

tions for inspection or the procurement of copies thereof should be made to the Director, under oath, setting forth the. interest of the applicant and showing the reason why and the purpose for which the inspection or the copies of the records requested are desired.

§ 1405.2 Compliance with subpoenas. No officer or employee or other person officially connected with the Service shall produce or present any records of the Service or testify in behalf of any party to any cause pending in any court or before any Board, Commission or other administrative agency of the United States or of any State, Territory, or the District of Columbia with respect to the facts, or other matter coming to his knowledge in his official capacity or with respect to the contents of any records of the Service, whether in answer to a subpoena, subpoena duces tecum or otherwise, without the written consent of the Director. Whenever any subpoena or subpoena duces tecum calling for records or testimony as described above shall have been served upon any such officer, employee or other person, he will, unless otherwise expressly directed by the Director, appear in answer thereto, and respectfully decline, by reason of this part, to produce or present such records or to give such testimony.

728472-48-SUPP. X-BK. 3- -99

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Sec.

03.2 Execution and approval of contracts. 03.3 Subject to statutes and regulations.

AUTHORITY: §§ 03.1 to 03.3, inclusive, issued under secs. 3, 12, 60 Stat. 238, 244; 5 U.S.C. 1002, 1011. § 4.100, of Title 43, infra.

SOURCE: §§ 03.1 to 03.3, inclusive, contained in Delegations of Authority, Acting Director, Aug. 18, 1947, 11 F.R. 5571.

§ 03.1 Open market purchases. Open market purchases (i. e., procurement of supplies and services without advertising for bids) may be made by the chiefs of the divisions, branches, and principal offices of the Headquarters Organization of the Bureau of Mines in Washington, D. C., and by the head or chief officer of each office of the Field Organization of the Bureau of Mines, subject to the following conditions and exceptions:

(a) A limit of $100 on any purchase made in reliance upon an appropriation expenditures from which are otherwise subject to competitive bidding under the requirements of R. S. 3709, amended (Public Law 600, 79th Cong.; 60 Stat. 806).

(b) A limit of $500 on any purchase for the investigation of domestic sources of mineral supply, as authorized by the act of June 28, 1941 (55 Stat. 344, 41 U.S.C. 6a (m)).

(c) Office furniture and equipment, including stationery, office supplies, desks, mimeograph machines, etc.

(d) Automobiles and trucks.

(e) Items which must be purchased from contractors under the General Schedule of Supplies, from Federal Prison Industries, Inc., or from the Committee on Blind-Made Products.

(f) Books, periodicals, newspapers, printing and binding.

(g) Open market purchases must not be made without ascertaining first that

there is a sufficient allocation of money from an available appropriation to cover the cost.

(h) Even where advertising for competitive bidding is not required, supervising officers should nevertheless obtain at least informal quotations with respect to any purchases in excess of $100 up to $500 and written quotations in the case of purchases in excess of $500.

§ 03.2 Execution and approval of contracts. (a) The power to sign as contracting officer contracts other than the open-market purchases referred to in § 03.1, will be delegated from time to time to the particular field officer or project engineer who will be directly responsible for the administration of the particular contract. Such contracts shall not become binding until approved under the powers referred to in paragraphs (b) and (c) of this section, and such approval shall be sufficient evidence of the delegation of power to the contracting officer.

(b) To the Chief of the Administrative Division is delegated the power to make the final approval of all contracts in which the consideration to be paid by the Government is not more than $10,000, except contracts for construction, drilling operations, the sale of helium, and cooperative agreements.

(c) The power to make the final approval of all contracts in which the consideration to be paid by the Government is more than $10,000, all contracts for construction, the sale of helium, drilling operations, and cooperative agreements, is reserved in the Director.

§ 03.3 Subject to statutes and regulations. The powers delegated in this part are subject to all pertinent and applicable statutes and regulations of other Departments and agencies of the Government.