(a) If it is determined after preliminary inquiry that a complaint
is deficient in any of the following respects, the District Director
shall conduct no investigation:
(1) The complainant is not a member of the labor organization which
conducted the election being challenged;
(2) The labor organization is not subject to the CSRA or FSA;
(3) The election was not a regular periodic election of officers;
(4) The allegations, if true, do not constitute a violation or
violations of Sec. 458.29;
(5) The complainant has not complied with the requirements of
Sec. 458.63(a).
(b) If investigation discloses (1) that there has been no violation
or (2) that a violation has occurred but could not have affected the
outcome or (3) that a violation has occurred but has been remedied, the
Chief, DOE shall issue a determination dismissing the complaint and
stating the reasons for his action.
(c) A determination dismissing the complaint may be reviewed by the
Assistant Secretary, but only on the basis of deciding whether the
Chief, DOE's decision was arbitrary and capricious. The request for
review must be made within fifteen (15) days after service of notice of
dismissal.
[45 FR 15158, Mar. 7, 1980. Redesignated at 50 FR 31311, Aug. 1, 1985,
as amended at 59 FR 15117, Mar. 31, 1994; 62 FR 6094, Feb. 10, 1997]
