If the parties have not adjusted the dispute or agreed upon methods of voluntary adjustment, a hearing, usually open to the public, is held before a hearing officer. The hearing is nonadversary in character, and the primary interest of the hearing officer is to insure that the record contains as full a statement of the pertinent facts as may be necessary for a determination of the issues by the Board. All parties are afforded full opportunity to present their respective positions and to produce evidence in support of their contentions. The parties are permitted to argue orally on the record before the hearing officer. At the close of the hearing, the case is transmitted to the Board for decision. The hearing officer prepares an analysis of the issues and the evidence, but makes no recommendations in regard to resolution of the dispute.
authority: Sec. 6 of the National Labor Relations Act, as amended (
29 U.S.C. 151,
156,
and. 552(a) of the Administrative Procedure Act (
5 U.S.C. 552(a)). Section 101.14 also issued under sec. 2112(a)(1) of Pub. L. 100-236,
28 U.S.C. 2112(a)(1)
source: 52 FR 23968, June 26, 1987, unless otherwise noted.
cite as: 29 CFR 101.34