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What issues will typically be litigated in a pre-election hearing?

The final rule limits pre-election hearings to those issues that are relevant to a question concerning representation and makes clear that regional directors may exercise their discretion not to litigate disputes concerning individuals' eligibility to vote or inclusion in an appropriate unit at a pre-election hearing.  The rule also explains that a party will have the right to introduce evidence of significant facts that support the party’s contentions and are relevant to the existence of a question of representation.  Issues involving jurisdiction, labor organization status, the scope and appropriateness of the unit, expanding and contracting units, and bars to an election are all relevant to the existence of a question of representation and so must be decided by the regional director if they are contested.  Accordingly, those issues may be litigated in pre-election hearings if the parties place them in dispute and are able to point to facts that are legally significant to support their position on the contested issues.

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