Where a petition has been filed pursuant to § 102.83, and it appears to the Regional Director that the petitioner has made an appropriate
showing, in such form as the Regional Director may determine, that 30 percent or more
of the employees within a unit covered by an agreement between their employer and
a labor organization requiring membership in such labor organization desire to rescind
the authority of such labor organization to make such an agreement, the Regional Director
will proceed to conduct a secret ballot of the employees involved on the question
whether they desire to rescind the authority of the labor organization to make such
an agreement with their employer, except that, in any case in which it appears to
the Regional Director that the proceeding raises questions which cannot be decided
without a hearing, the Director may issue and cause to be served on the parties a
Notice of Hearing before a Hearing Officer at a time and place fixed therein. The Regional Director will fix the time and place of the election, eligibility requirements
for voting, and other arrangements of the balloting, but the parties may enter into
an agreement, subject to the approval of the Regional Director, fixing such arrangements. In any such consent agreements, provision may be made for final determination of
all questions arising with respect to the balloting by the Regional Director or upon
grant of a request for review, by the Board.
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