Page images
PDF
EPUB

(b) The procedures of Part 203 of this chapter shall apply to a complaint filed following the issuance of either of the final decisions referred to in paragraph (a) of this section with the following exceptions:

(1) The charge required to be filed pursuant to § 203.2(a) must be filed within thirty (30) days of either of the final decisions referred to in paragraph (a) of this section;

(2) The charge must be based on the same factual situation which gave rise to the grievance covered by the application; and

(3) To be considered timely under § 203.2(b) a complaint must be filed within ninety (90) days of the date the charge was filed, or within sixty (60) days of the service of the respondent's written final decision on the charging party, whichever is the shorter period of time.

Sec.

206.1

206.2

206.3

206.4

206.5

206.6 206.7

206.8

206.9 206.10

PART 206-MISCELLANEOUS

Computation of time for filing

papers.

Additional time after service by mail.

Documents in a proceeding.

Service of pleading and other papers

under this chapter.

Transfer of case to the Assistant Sec-
retary.

Transfer and consolidation of cases.
Requests for appearance of witnesses
and production of documents at
hearing.
Labor-Management Services Ad-
ministration employees prohibited
from producing files, records,
memoranda, etc.; prohibited from
testifying in regard thereto.
Rules to be construed liberally.
Petitions for amendment of regula-
tions.

AUTHORITY: Secs. 6, 18, E.O. 11491, 34 FR 17605, as amended by E.O. 11616, 36 FR 17319; E.O. 11636, 36 FR 24901; and E.O. 11838, 40 FR 5743.

SOURCE: 40 FR 19999, May 7, 1975, unless otherwise noted.

[blocks in formation]

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 these regulations require the filing of any paper, such document must be received by the Assistant Secretary or the officer or agent designated to receive such matter before the close of business of the last day of the time limit, if any, for such filing or extension of time that may have been granted. In agreement bar situations, if the sixtieth (60th) day prior to the terminal date of an agreement falls on Saturday, Sunday or a Federal legal holiday, a petition, to be timely, must be received by the close of business of the last official workday preceding the sixtieth (60th) day. § 206.2

mail.

Additional time after service by

Whenever a party has the right or is required to do some act pursuant to these regulations 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, five (5) days shall be added to the prescribed period: Provided, however, That five (5) days shall not be added if any extension of time may have been granted.

§ 206.3 Documents in a proceeding.

(a) Title. Documents in any proceeding under Parts 202, 203, 204 and 205 of 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 document or paper shall be filed with two (2) 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 these regulations 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.

§ 206.4 Service of pleading and other papers 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. When service is by mail, the date of service shall be the day when the matter served is deposited in the United States mail.

(b) Upon whom served. All papers, except as herein otherwise provided, 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 Administrative Law Judge, were 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 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.

§ 206.5 Transfer of case to the Assistant Secretary.

(a) In any case under Parts 202, 203, and 205 of this chapter, after the filing of a petition, complaint, or application in which the Assistant Regional Director determines that no material issue of fact exists, he may transfer the case to the Assistant Secretary. The Assistant Secretary 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 Assistant Regional Director's action. The Assistant Secretary may remand the case to the Assistant Regional Director 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, 203, and 205 of this chapter in which it appears to the Assistant Regional Director that the proceedings raise questions which should be decided by the Assistant

[blocks in formation]

§ 206.7

Requests for appearance of witnesses and production of documents at hearing.

(a) Assistant Regional Directors, Hearing Officers, or Administrative Law Judges, as appropriate, upon their own motion or upon the motion of any party to a proceeding, may issue a "Request for Appearance of Witnesses" or a "Request for Production of Documents" at a hearing held pursuant to Parts 202, 203, 204, and 205 of this chapter. However, where the parties are in agreement that the appearance of witnesses or the production of documents is necessary, and the activity or agency will permit the employee witnesses to participate on official time or a party will produce the documents, no such Request need be sought.

(b) A party's motion shall be in writing and filed with the Assistant Regional Director not less than fifteen (15) days prior to the opening of a hearing or with the Hearing Officer or Administrative Law Judge during the hearing. All such motions shall name and identify the witnesses or documents sought, and state the reasons therefor. Simultaneously with the filing of the motion with the Assistant Regional Director, copies shall be served on the other parties and a

written statement of such service shall be filed with the Assistant Regional Director.

(c) Within five (5) days after service of a copy of the motion on the Assistant Regional Director, a party may file objections to the motion with the Assistant Regional Director and state the reasons therefor. Simultaneously with the filing of the objections with the Assistant Regional Director, copies shall be served on the other parties and a written statement of such service shall be filed with the Assistant Regional Director. The Assistant Regional Director shall rule upon the motion, or refer it to the Hearing Officer or Administrative Law Judge for an appropriate ruling, not later than five (5) days prior to the hearing. However, for good cause shown by a party, or on his own motion, the Assistant Regional Director may vary the time limits prescribed in this paragraph and paragraph (b) of this section.

(d) Objections to a motion referred to or filed with a Hearing Officer or Administrative Law Judge may be stated orally on the record.

(e) A motion shall be granted by the Assistant Regional Director, Hearing Officer or Administrative Law Judge, after careful consideration of any objections and upon determination that the testimony or documents appear (s) to be necessary to the matters under investigation and that the motion describes with sufficient particularity the documents sought. Service of an approved "Request for Appearance of Witnesses" or "Request for Production of Documents" is the responsibility of the requesting party. If any party, officer, or official of any party fails to comply with the Request(s), or obstructs service of the Request, the Assistant Regional Director, Hearing Officer, Administrative Law Judge, or the Assistant Secretary may disregard all related evidence offered by the party failing to comply, or take such other action as may be appropriate.

(f) A denial of a motion shall be explained fully and it shall become a part of the hearing record.

(g) Employees who have been determined to be necessary as witnesses at a hearing shall be granted official time only for such participation as occurs during their regular work hours and when they would otherwise be in a work or paid

leave status. Participation as witnesses includes the time necessary to travel to and from the site of a hearing, and the time spent giving testimony and waiting to give testimony, when such time falls during regular work hours. In addition, necessary transportation and per diem expenses shall be paid by the employing activity or agency.

§ 206.8

Labor-Management Services Administration employees prohibited from producing files, records, memoranda, etc.; prohibited from testifying in regard thereto.

No Assistant Regional Director, member of his staff, Area Director, Compliance Officer, or other employee of the Labor-Management Services Administration shall produce or present any files, documents, reports, memoranda, or records of the Labor-Management Services Administration or testify in behalf of any party to any cause pending under Executive Order 11491, as amended, with respect to any information, facts, or other matters coming to his knowledge in his official capacity or with respect to the contents of any files, documents, reports, memoranda, or records of the LaborManagement Services Administration without the written consent of the Assistant Secretary: Provided, however, That the above shall not be applicable to proceedings brought by the Director pursuant to Part 204 of these regulations. § 206.9 Rules to be construed liberally.

(a) The regulations in this chapter may be construed liberally 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. § 206.10 Petitions for amendment of regulations.

Any interested person may petition the Assistant Secretary in writing for amendments to any portion of these regulations. 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.

CHAPTER III-NATIONAL RAILROAD ADJUSTMENT

BOARD

[blocks in formation]

AUTHORITY: The provisions of this Part 301 issued under sec. 3, 44 Stat. 578, as amended; 45 U.S.C. 153.

SOURCE: The provisions of this Part 301 contained in Circular 1, Oct. 10, 1934, unless otherwise noted.

§ 301.1 General duties.

(a) It shall be the duty of all carriers, their officers, agents and employees to exert every reasonable effort to make and maintain agreements concerning rates of pay, rules, and working conditions, and to settle all disputes, whether arising out of the application of such agreements or otherwise, in order to avoid any interruption to commerce or to the operation of any carrier growing out of any disputes between the carrier and the employees thereof.

(b) All disputes between a carrier or carriers, and its or their employees shall be considered, and, if possible, decided, with all expedition, in conference between representatives designated and authorized so to confer, respectively, by the carrier or carriers and by the employees thereof interested in the dispute. 8 301.2 Classes of disputes.

(a) The disputes between an employee or group of employees and a carrier or

carriers growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions, including cases pending and unadjusted on the date of approval of this act (June 21, 1934, 48 Stat. 1185; 45 U.S.C. 151–162), shall be handled in the usual manner up to and including the chief operating officer of the carrier designated to handle such disputes; but, failing to reach an adjustment in this manner, the disputes may be referred by petition of the parties or by either party to the appropriate division of the Adjustment Board with a full statement of the facts and all supporting data bearing upon the disputes.

(b) No petition shall be considered by any division of the Board unless the subject matter has been handled in accordance with the provisions of the Railway Labor Act, approved June 21, 1934. § 301.3 Organization.

The National Railroad Adjustment Board was organized as of July 31, 1934, in accordance with the provisions of the Railway Labor Act, approved June 21, 1934. The said Adjustment Board is composed of four Divisions, whose proceedings shall be independent of one another. The First, Second and Third Divisions thereof are each composed of 10 members, and the Fourth Division thereof is composed of 6 members.

§ 301.4 Jurisdiction.

(a) First Division. The First Division will have jurisdiction over disputes involving train- and yard-service employees of carriers; that is, engineers, firemen, hostlers, and outside hostler helpers,

conductors, trainmen, and yard-service employees.

(b) Second Division. The Second Division will have jurisdiction over disputes involving machinists, boilermakers, blacksmiths, sheet-metal workers, electrical workers, car men, the helpers and apprentices of all the foregoing, coach cleaners, power-house employees, and railroad-shop laborers.

(c) Third Division. The Third Division will have jurisdiction over disputes involving station tower, and telegraph employees, train dispatchers, maintenance-of-way men, clerical employees, freight handlers, express, station, and store employees, signal men, sleeping-car conductors, sleeping-car porters, and maids and dining-car employees.

(d) Fourth Division. The Fourth Division will have jurisdiction over disputes Involving employees of carriers directly or indirectly engaged in transportation of passengers or property by water, and all other employees of carriers over which jurisdiction is not given to the First, Second, and Third Divisions.

§ 301.5 Form of submission.

(a) Parties. All parties to the dispute must be stated in each submission.

(b) Statement of claim. Under the caption "statement of claims" the petitioner or petitioners must clearly state the particular question upon which an award is desired.

(c) Statement of facts. In a "joint statement of facts," if possible, briefly, but fully set forth the controlling facts involved. In the event of inability to agree upon a "joint statement of facts," then each party shall show separately the facts as they respectively believe them to be.

(d) Position of employees. Under the caption "position of employees" the employees must clearly and briefly set forth all relevant, argumentative facts, including all documentary evidence submitted in exhibit form, quoting the agreement or rules involved, if any; and all data submitted in support of employees' position must affirmatively show the same to have been presented to the carrier and made a part of the particular question in dispute.

(e) Position of carrier. Under the caption "position of carrier" the carrier

must clearly and briefly set forth all relevant, argumentative facts, including all documentary evidence submitted in exhibit form, quoting the agreement or rules involved, if any; and all data submitted in support of carrier's position must affirmatively show the same to have been presented to the employees or duly authorized representative thereof and made a part of the particular question in dispute.

(f) Signatures. All submissions must be signed by the parties submitting the

same.

(g) Ex parte submission. In event of an ex parte submission the same general form of submission is required. The petitioner will serve written notice upon the appropriate Division of the Adjustment Board of intention to file an ex parte submission on a certain date (30 days hence), and at the same time provide the other party with copy of such notice. For the purpose of identification such notice will state the question involved and give a brief description of the dispute. The Secretary of the appropriate Division of the Adjustment Board will immediately thereupon advise the other party of the receipt of such notice and request that the submission of such other party be filed with such Division within the same period of time.

[blocks in formation]

(a) To conserve time and expedite proceedings all parties within the scope of the Adjustment Board should prepare submissions in such manner that the pertinent and related facts and all supporting data bearing upon the dispute will be fully set forth, thus obviating the need of lengthy briefs and unnecessary oral discussions.

(b) All submissions shall be typewritten or machine prepared, addressed to the Secretary of the appropriate Division of the Adjustment Board, and fifteen copies thereof filled by the petitioner or petitioners.

(c) Parties to a dispute are required to state in all submissions whether or not an oral hearing is desired.

[blocks in formation]
« PreviousContinue »