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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter I  

Office of the Secretary of Labor

 

 

Part 25  

Rules for the Nomination of Arbitrators Under Section 11 of Executive Order 10988


29 CFR 25.4 - Contents of requests; service on other parties; answer; intervention.

  • Section Number: 25.4
  • Section Name: Contents of requests; service on other parties; answer; intervention.

    (a) Requests for nominations 1 shall be in triplicate and 
contain the following information:
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     1 Requests should be on forms which will be supplied by 
the Secretary upon request.
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    (1) The name of the agency and the name and address of any office or 
branch of the agency below the national level that may be involved;
    (2) A description of the unit appropriate for exclusive 
representation or claimed to be appropriate for such representation;
    (3) The number of employees in the appropriate unit or any alleged 
appropriate unit;
    (4) If the request is by an employee organization, the name, 
affiliation, if any, and address of the organization
and the names, if known, of all other employee organizations claiming 
exclusive recognition, or having requested or attained formal or 
informal recognition with respect to any of the employees in the unit 
involved;
    (5) If the request is by an agency, the names, affiliation, if any, 
and addresses of the employee organization or organizations claiming 
exclusive recognition and of any employee organization which has 
requested or attained formal or informal recognition with respect to any 
of the employees in the unit involved;
    (6) A brief statement indicating specifically the matter or matters 
with respect to which an advisory decision or determination is sought;
    (7) A brief statement of procedures followed by and before the 
agency prior to the request, two copies of any appropriate agency 
determination and two copies of all correspondence relating to the 
dispute or problem;
    (8) If the request is made by an employee organization, an 
indication of the interest of such organization, including information 
or data such as membership lists, employee petitions or dues records 
showing prima facie that the organization has sufficient membership to 
qualify for formal recognition, and that it represents no less than 30 
percent of the employees, in the appropriate unit or alleged appropriate 
unit; and
    (9) Any other relevant facts.
    (b) A party making a request shall furnish copies to all other 
parties or organizations listed in the request in compliance with 
paragraph (a) of this section; except that membership lists, employee 
petitions or dues records need not be furnished by the requesting 
employee organization to the other parties or organizations.
    (c) Any employee organization claiming to have an interest in the 
matter or matters to be considered by an arbitrator as to the 
appropriateness of a unit or majority representation must have advised 
the agency of its position, in the manner prescribed by the agency's 
rules, and must have satisfied all of the requirements of section 5 of 
the Order and paragraph (a)(8) of this section; except that, in any 
employee organization which has satisfied all of the requirements of 
section 5 of the Order except for the 10 percent membership requirement 
shall be entitled to receive notice of the proceeding and to participate 
therein if it represents at least two members and/or is designated by at 
least two employees as their representative in the unit alleged to be 
appropriate by the employee organization seeking exclusive recognition 
or the unit alleged to be appropriate by the agency, provided, however, 
that such intervening employee organization may not request a unit 
different than that sought by the employee organization seeking 
exclusive recognition or the unit claimed to be appropriate by the 
agency.
    (d) Within fifteen (15) days following the receipt of a copy of any 
request for a nomination filed with the Secretary, the agency or any 
employee organization may file a response thereto with the Secretary, 
raising any matter which is relevant to the request including the 
adequacy of the showing of interest and the appropriateness of the unit 
under terms of the Order or these procedures. A copy of any response 
shall be furnished to other parties and organizations listed in the 
request, in the manner provided in paragraph (b) of this section.
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