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29 CFR 102.93 : Labor (§ 0.735-1 To Parts 4908-4999) — (§ 100.101 To Parts 472-499) — Regulations Relating To Labor (§ 100.101 To Parts 472-499) — National Labor Relations Board (§ 100.101 To Parts 105-199) — Rules And Regulations, Series 8 (§ 102.1 To Appendix A To Part 102) — Procedure To Hear And Determine Disputes Under Section 10(K) Of The Act (§ 102.89 To § 102.93) — Alternative procedure.

4 Aug 2016

If, either before or after service of the notice of hearing, the parties submit to the regional director satisfactory evidence that they have adjusted the dispute, the regional director shall dismiss the charge and shall withdraw the notice of hearing if notice has issued. If, either before or after issuance of notice of hearing, the parties submit to the regional director satisfactory evidence that they have agreed upon methods for the voluntary adjustment of the dispute, the regional director shall defer action upon the charge and shall withdraw the notice of hearing if notice has issued. If it appears to the regional director that the dispute has not been adjusted in accordance with such agreed-upon methods and that an unfair labor practice within the meaning of section 8(b)(4)(D) of the Act is occurring or has occurred, he may issue a complaint under § 102.15, and the procedure prescribed in §§ 102.9 to 102.51, inclusive, shall, insofar as applicable, govern; and §§ 102.90 to 102.92, inclusive, are inapplicable: Provided, however, That if an agreed-upon method for voluntary adjustment results in a determination that employees represented by a charged union are entitled to perform the work in dispute, the regional director shall dismiss the charge as to that union irrespective of whether the employer has complied with that determination.

29 CFR 102.93
[36 FR 9133, May 20, 1971]