Today we are to discuss 29 CFR 102.35 — Duties and powers,
(11) To call, examine, and cross-examine witnesses (This is the PRACTICE OF LAW FROM THE BENCH) and to introduce into the record documentary or other evidence;
(12) To request the parties at any time during the hearing to state their respective positions concerning any issue in the case or theory in support thereof;
(13) To take any other action necessary under the foregoing and authorized by the published Rules and Regulations of the Board.
(b) Upon the request of any party or the judge assigned to hear a case, or on his or her own motion for arbitration which is your right, the federal chief administrative law judge in Washington, D.C., the associate chief judge in San Francisco, California, the associate chief judge in Atlanta, Georgia, or the associate chief judge in New York, New York may assign a judge who shall be other than the trial judge to conduct settlement negotiations.
In exercising his or her discretion, the chief or associate chief judge making the assignment will consider, among other factors, whether there is a reason to believe that resolution of the dispute is likely, the request for assignment of a settlement judge is made in good faith, and the assignment is otherwise feasible. Provided, however, that no such assignment shall be made absent the agreement of all parties to the use of this procedure.
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