29 CFR § 102.76 - Petition; who may file; where to file; contents.

---
identifier: "/us/cfr/t29/s102.76"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 102.76 - Petition; who may file; where to file; contents."
title_number: 29
title_name: "Labor"
section_number: "102.76"
section_name: "Petition; who may file; where to file; contents."
chapter_name: "NATIONAL LABOR RELATIONS BOARD"
part_number: "102"
part_name: "RULES AND REGULATIONS, SERIES 8"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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)."
regulatory_source: "24 FR 9102, Nov. 7, 1959, unless otherwise noted."
cfr_part: "102"
---


# 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 and 102.61, insofar as applicable, except that if a charge under § 102.73 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.

[82 FR 11764, Feb. 24, 2017]