---
kind: "section"
citation: "29 C.F.R. § 102.76"
title: "29"
number: "102.76"
heading: "Petition; who may file; where to file; contents."
url: "https://uscodex.org/cfr/29/102.76"
---

# §102.76. Petition; who may file; where to file; contents.


When picketing of an employer has been conducted for an object proscribed by Section 8(b)(7) of the Act, a petition for the determination of a question concerning representation of the employees of such employer may be filed in accordance with the provisions of §§ [102.60](/cfr/29/102.60.md) and [102.61](/cfr/29/102.61.md), insofar as applicable, except that if a charge under [§ 102.73](/cfr/29/102.73.md) has been filed against the labor organization on whose behalf picketing has been conducted, the petition will not be required to contain a statement that the employer declines to recognize the petitioner as the representative within the meaning of Section 9(a) of the Act; or that the union represents a substantial number of employees; or that the labor organization is currently recognized but desires certification under the Act; or that the individuals or labor organizations who have been certified or are currently recognized by the employer are no longer the representative; or, if the petitioner is an employer, that one or more individuals or labor organizations have presented to the petitioner a claim to be recognized as the exclusive representative of the employees in the unit claimed to be appropriate.


## Notes

### Amendments

[82 FR 11764, Feb. 24, 2017]

### Source

Source: 24 FR 9102, Nov. 7, 1959. Redesignated at 82 FR 11754, Feb. 24, 2017.

### Authority

Authority: 29 U.S.C. 151, 156. Section 102.117 also issued under 5 U.S.C. 552(a)(4)(A), and § 102.119 also issued under 5 U.S.C. 552a(j) and (k). Sections 102.143 through 102.155 also issued under 5 U.S.C. 504(c)(1).

### Source

Source: 24 FR 9102, Nov. 7, 1959, unless otherwise noted.

### Amendments

[82 FR 11764, Feb. 24, 2017]