(a)(1) To the extent that proceedings hereunder involve employment
of persons covered by a collective bargaining agreement, and compliance
may necessitate a revision of such agreement, any labor organization
which is a signatory to the agreement shall have the right to
participate as a party.
(2) Other persons or organizations shall have the right to
participate as parties if the final Administrative order could adversely
affect them or the class they represent, and such participation may
contribute materially to the proper disposition of the proceedings.
(3) Any person or organization wishing to participate as a party
under this section shall file with the Administrative Law Judge and
serve on all parties a petition within 25 days after the commencement of
the action or at such other time as ordered by the Administrative Law
Judge, so long as it does not disrupt the proceeding. Such petition
shall concisely state: (i) Petitioner's interest in the proceedings;
(ii) who will appear for petitioner; (iii) the issues on which
petitioner wishes to participate; and (iv) whether petitioner intends to
present witnesses.
(4) The Administrative Law Judge shall determine whether each
petitioner has the requisite interest in the proceedings and shall
permit or deny participation accordingly. Where petitions to participate
as parties are made by individuals or groups with common interest, the
Administrative Law Judge may request all such petitioners to designate a
single representative to represent all such petitioners: Provided, That
the representative of a labor organization qualifying to participate
under paragraph (a)(1) of the section must be permitted to participate
in the proceedings. The Administrative Law Judge shall give each
petitioner written notice of the decision on his petition; and if the
petition is denied, he shall briefly state the grounds for denial and
shall then treat the petition as a request for participation as amicus
curiae. The Administrative Law Judge shall give written notice to each
party of each petition granted.
(b)(1) Any other interested person or organization wishing to
participate as amicus curiae shall file a petition before the
commencement of the final hearing with the Administrative Law Judge.
Such petition shall concisely state: (i) The petitioner's interest in
the hearing; (ii) who will represent the petitioner; and (iii) the
issues on which petitioner intends to present argument. The
Administrative Law Judge
may grant the petition if he finds that the petitioner has a legitimate
interest in the proceedings, and that such participation may contribute
materially to the proper disposition of the issues. An amicus curiae is
not a party but may participate as provided in this section.
(2) An amicus curiae may present a brief oral statement at the
hearing at the point in the proceeding specified by the Administrative
Law Judge. He may submit a written statement of position to the
Administrative Law Judge prior to the beginning of a hearing and shall
serve a copy on each party. He may also submit a brief or written
statement at such time as the parties submit briefs and exceptions, and
he shall serve a copy on each party.
[43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978]
