CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Remand for Further Hearing; Remand to General Counsel

Single Topic for Decision A422M

View all topics for Decision A422M

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Where it was unclear whether the exclusive representative had notice of a decertification petition and the resulting investigation by the Office of the General Counsel, the General Counsel’s request to recall the matter following an appeal from its administrative determination directing the conduct of a decertification election was granted; the Office of the General Counsel is in the best position to determine the most appropriate course of action and to correct, if necessary, any defect in the process; although this “recall” procedure previously had only been applied in the context of an appeal from a dismissal of an unfair practice charge by the Office of the General Counsel, the rationale for retuning a matter to the Office of the General Counsel upon request applies with equal force in a representation case as it does in an unfair practice case; given the nature of representation proceedings and the direct and immediate impact such proceedings have on an entire bargaining unit of employees, the General Counsel’s determination of the need for further processing warrants a high level of deference from the Board itself.