---
kind: "section"
citation: "29 C.F.R. § 102.81"
title: "29"
number: "102.81"
heading: "Review by the general counsel of refusal to proceed on charge; resumption of proceedings upon charge held during pendency of petition; review by the general counsel of refusal to proceed on related charge."
url: "https://uscodex.org/cfr/29/102.81"
---

# §102.81. Review by the general counsel of refusal to proceed on charge; resumption of proceedings upon charge held during pendency of petition; review by the general counsel of refusal to proceed on related charge.

- (a) Where an election has been directed by the Regional Director or the Board in accordance with the provisions of §§ [102.77](/cfr/29/102.77.md) and [102.78](/cfr/29/102.78.md), the Regional Director shall decline to issue a complaint on the charge, and he/she shall so advise the parties in writing, accompanied by a simple statement of the procedural or other grounds for his/her action. The person making the charge may obtain a review of such action by filing an appeal with the general counsel in Washington, DC, and filing a copy of the appeal with the regional director, within 7 days from the service of the notice of such refusal by the regional director. In all other respects the appeal shall be subject to the provisions of [§ 102.19](/cfr/29/102.19.md). Such appeal shall not operate as a stay of any action by the regional director.
- (b) Where an election has not been directed and the petition has been dismissed in accordance with the provisions of [§ 102.80](/cfr/29/102.80.md), the regional director shall resume investigation of the charge and shall proceed in accordance with [§ 102.74](/cfr/29/102.74.md).
- (c) If in connection with an 8(b)(7) proceeding, unfair labor practice charges under other sections of the Act have been filed and the Regional Director upon investigation has declined to issue a complaint upon such charges, he/she shall so advise the parties in writing, accompanied by a simple statement of the procedural or other grounds for his/her action. The person making such charges may obtain a review of such action by filing an appeal with the general counsel in Washington, DC, and filing a copy of the appeal with the regional director, within 7 days from the service of the notice of such refusal by the regional director. In all other respects the appeal shall be subject to the provisions of [§ 102.19](/cfr/29/102.19.md).

## Notes

### Amendments

[32 FR 9550, July 1, 1967, as amended at 51 FR 23749, July 1, 1986; 82 FR 43699, Sept. 19, 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

[32 FR 9550, July 1, 1967, as amended at 51 FR 23749, July 1, 1986; 82 FR 43699, Sept. 19, 2017]