§ 1423.12. Issuance and contents of the complaint.
340 words·~2 min read·
/us/cfr/t22/s§ 1423.12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)After a charge is filed, if it appears to the Regional Director that formal proceedings in respect thereto should be instituted, the Regional Director shall issue and cause to be served on all other parties a formal complaint: Provided, however, That a determination by a Regional Director to issue a complaint shall not be subject to review.
(b)The complaint shall include:
(1)Notice of the charge;
(2)Notice that a hearing will be held before an Adminsitrative Law Judge;
(3)Notice of the time and place fixed for the hearing which shall not be earlier than five
(5)days after service of the complaint;
(4)A statement of the nature of the hearing;
(5)A clear and concise statement of the facts upon which assertion of jurisdiction by the Board is predicated;
(6)A reference to the particular sections of chapter 41 of title 22 of the United States Code and the rules and regulations involved; and
(7)A clear and concise description of the acts which are claimed to constitute unfair labor practices, including, where known, the approximate dates and places of such acts and the names of respondent's agents or other representatives by whom committed.
(c)The Chief Administrative Law Judge may, upon such judge's own motion or upon proper cause shown by any other party, extend the date of the hearing or may change the place at which it is to be held.
(d)A complaint may be amended, upon such terms as may be deemed just, prior to the hearing, by the Regional Director issuing the complaint; at the hearing and until the case has been transmitted to the Board pursuant to § 1423.26, upon motion by the Administrative Law Judge designated to conduct the hearing; and after the case has been transmitted to the Board pursuant to § 1423.26, upon motion by the Board at any time prior to the issuance of an order based thereon by the Board.
(e)Any such complaint may be withdrawn before the hearing by the Regional Director.