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Electronic Code of Federal Regulations

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e-CFR Data is current as of September 18, 2014

Title 29Subtitle BChapter IPart 102


TITLE 29—Labor

Subtitle B—REGULATIONS RELATING TO LABOR

CHAPTER I—NATIONAL LABOR RELATIONS BOARD

PART 102—RULES AND REGULATIONS, SERIES 8

rule

Subpart A—DEFINITIONS

§102.1
Terms defined in section 2 of the Act.
§102.2
Act; Board; Board agent.
§102.3
General counsel.
§102.4
Region; subregion.
§102.5
Regional director; officer-in-charge; regional attorney.
§102.6
Administrative law judge; hearing officer.
§102.7
State.
§102.8
Party.
rule

Subpart B—PROCEDURE UNDER SECTION 10 (A) TO (I) OF THE ACT FOR THE PREVENTION OF UNFAIR LABOR PRACTICES

Charge

§102.9
Who may file; withdrawal and dismissal.
§102.10
Where to file.
§102.11
Forms; jurat; or declaration.
§102.12
Contents.
§102.13
[Reserved]
§102.14
Service of charge.

Complaint

§102.15
When and by whom issued; contents; service.
§102.16
Hearing; change of date or place.
§102.17
Amendment.
§102.18
Withdrawal.
§102.19
Appeal to the general counsel from refusal to issue or reissue.

Answer

§102.20
Answer to complaint; time for filing; contents; allegations not denied deemed admitted.
§102.21
Where to file; service upon the parties; form.
§102.22
Extension of time for filing.
§102.23
Amendment.

Motions

§102.24
Motions; where to file; contents; service on other parties; promptness in filing and response; default judgment procedures; summary judgment procedures.
§102.25
Ruling on motions.
§102.26
Motions, rulings, and orders part of the record; rulings not to be appealed directly to the Board without special permission; requests for special permission to appeal.
§102.27
Review of granting of motion to dismiss entire complaint; reopening of the record.
§102.28
Filing of answer or other participation in proceedings not a waiver of rights.

Intervention

§102.29
Intervention; requisites; rulings on motions to intervene.

Witnesses, Depositions, and Subpoenas

§102.30
Examination of witnesses; deposition.
§102.31
Issuance of subpoenas; petitions to revoke subpoenas; rulings on claim of privilege against self-incrimination; subpoena enforcement proceedings; right to inspect and copy data.
§102.32
Payment of witness fees and mileage; fees of persons taking depositions.

Transfer, Consolidation, and Severance

§102.33
Transfer of charge and proceeding from region to region; consolidation of proceedings in same region; severance.

Hearings

§102.34
Who shall conduct; to be public unless otherwise ordered.
§102.35
Duties and powers of administrative law judges; stipulations of cases to administrative law judges or to the Board; assignment and powers of settlement judges.
§102.36
Unavailability of administrative law judge.
§102.37
Disqualification of administrative law judge.
§102.38
Rights of parties.
§102.39
Rules of evidence controlling so far as practicable.
§102.40
Stipulations of fact admissible.
§102.41
Objection to conduct of hearing; how made; objections not waived by further participation.
§102.42
Filings of briefs and proposed findings with the administrative law judge and oral argument at the hearing.
§102.43
Continuance and adjournment.

Administrative Law Judge's Decision and Transfer of Case to the Board

§102.45
Administrative law judge's decision; contents; service; transfer of case to the Board; contents of record in case.

Exceptions to the Record and Proceedings

§102.46
Exceptions, cross-exceptions, briefs, answering briefs; time for filing; where to file; service on the parties; extension of time; effect of failure to include matter in exceptions; reply briefs; oral arguments.
§102.47
Filing of motion after transfer of case to Board.

Procedure Before the Board

§102.48
Action of the Board upon expiration of time to file exceptions to the administrative law judge's decision; decisions by the Board; extraordinary postdecisional motions.
§102.49
Modification or setting aside of order of Board before record filed in court; action thereafter.
§102.50
Hearings before Board or member thereof.
§102.51
Settlement or adjustment of issues.

Back-Pay Proceedings

§102.52
Compliance with Board order; notification of compliance determination.
§102.53
Review by the General Counsel of compliance determination; appeal to the Board of the General Counsel's decision.
§102.54
Initiation of formal compliance proceedings; issuance of compliance specification and notice of hearing.
§102.55
Contents of compliance specification.
§102.56
Answer to compliance specification.
§102.57
Extension of date of hearing.
§102.58
Withdrawal.
§102.59
Hearing; posthearing procedure.
rule

Subpart C—PROCEDURE UNDER SECTION 9(C) OF THE ACT FOR THE DETERMINATION OF QUESTIONS CONCERNING REPRESENTATION OF EMPLOYEES AND FOR CLARIFICATION OF BARGAINING UNITS AND FOR AMENDMENT OF CERTIFICATIONS UNDER SECTION 9(B) OF THE ACT

§102.60
Petitions.
§102.61
Contents of petition for certification; contents of petition for decertification; contents of petition for clarification of bargaining unit; contents of petition for amendment of certification.
§102.62
Consent-election agreements.
§102.63
Investigation of petition by regional director; notice of hearing; service of notice; withdrawal of notice.
§102.64
Conduct of hearing.
§102.65
Motions; interventions.
§102.66
Introduction of evidence: rights of parties at hearing; subpoenas.
§102.67
Proceedings before the regional director; further hearing; briefs; action by the regional director; appeals from action by the regional director; statement in opposition to appeal; transfer of case to the Board; proceedings before the Board; Board action.
§102.68
Record; what constitutes; transmission to Board.
§102.69
Election procedure; tally of ballots; objections; certification by the regional director; report on challenged ballots; report on objections; exceptions; action of the Board; hearing.
§102.70
Runoff election.
§102.71
Dismissal of petition; refusal to proceed with petition; requests for review by the Board of action of the regional director.
§102.72
Filing petition with general counsel; investigation upon motion of general counsel; transfer of petition and proceeding from region to general counsel or to another region; consolidation of proceedings in same region; severance; procedure before general counsel in cases over which he has assumed jurisdiction.
rule

Subpart D—PROCEDURE FOR UNFAIR LABOR PRACTICE AND REPRESENTATION CASES UNDER SECTIONS 8(B)(7) AND 9(C) OF THE ACT

§102.73
Initiation of proceedings.
§102.74
Complaint and formal proceedings.
§102.75
Suspension of proceedings on the charge where timely petition is filed.
§102.76
Petition; who may file; where to file; contents.
§102.77
Investigation of petition by regional director; directed election.
§102.78
Election procedure; method of conducting balloting; postballoting procedure.
§102.79
Consent-election agreements.
§102.80
Dismissal of petition; refusal to process petition under expedited procedure.
§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.
§102.82
Transfer, consolidation, and severance.
rule

Subpart E—PROCEDURE FOR REFERENDUM UNDER SECTION 9(E) OF THE ACT

§102.83
Petition for referendum under section 9(e)(1) of the Act; who may file; where to file; withdrawal.
§102.84
Contents of petition to rescind authority.
§102.85
Investigation of petition by regional director; consent referendum; directed referendum.
§102.86
Hearing; posthearing procedure.
§102.87
Method of conducting balloting; postballoting procedure.
§102.88
Refusal to conduct referendum; appeal to Board.
rule

Subpart F—PROCEDURE TO HEAR AND DETERMINE DISPUTES UNDER SECTION 10(K) OF THE ACT

§102.89
Initiation of proceedings.
§102.90
Notice of filing of charge; notice of hearing; hearing; proceedings before the Board; briefs; determination of dispute.
§102.91
Compliance with determination; further proceedings.
§102.92
Review of determination.
§102.93
Alternative procedure.
rule

Subpart G—PROCEDURE IN CASES UNDER SECTION 10(J), (L), AND (M) OF THE ACT

§102.94
Expeditious processing of section 10(j) cases.
§102.95
Priority of cases pursuant to section 10(l) and (m) of the Act.
§102.96
Issuance of complaint promptly.
§102.97
Expeditious processing of section 10(l) and (m) cases in successive stages.
rule

Subpart H—DECLARATORY ORDERS AND ADVISORY OPINIONS REGARDING BOARD JURISDICTION

§102.98
Petition for advisory opinion; who may file; where to file.
§102.99
Contents of petition for advisory opinion; contents of request for administrative advice.
§102.100
Notice of petition; service of petition.
§102.101
Response to petition; service of response.
§102.102
Intervention.
§102.103
Proceedings before the Board; briefs; advisory opinions.
§102.104
Withdrawal of petition.
§102.105
Petitions for declaratory orders; who may file; where to file; withdrawal.
§102.106
Contents of petition for declaratory order.
§102.107
Notice of petition, service of petition.
§102.108
Response to petition; service of response.
§102.109
Intervention.
§102.110
Proceedings before the Board; briefs; declaratory orders.
rule

Subpart I—SERVICE AND FILING OF PAPERS

§102.111
Time computation.
§102.112
Date of service; date of filing.
§102.113
Methods of service of process and papers by the Agency; proof of service.
§102.114
Filing and service of papers by parties; form of papers; manner and proof of filing or service; electronic filings.
rule

Subpart J—CERTIFICATION AND SIGNATURE OF DOCUMENTS

§102.115
Certification of papers and documents.
§102.116
Signature of orders.
rule

Subpart K—RECORDS AND INFORMATION

§102.117
Freedom of Information Act Regulations: Board materials and formal documents available for public inspection and copying; requests for described records; time limit for response; appeal from denial of request; fees for document search and duplication; files and records not subject to inspection.
§102.118
Present and former Board employees prohibited from producing files, records, etc., pursuant to subpoena ad testificandum or subpoena duces tecum; prohibited from testifying in regard thereto; production of witnesses' statements after direct testimony.
§102.119
Privacy Act Regulations: notification as to whether a system of records contains records pertaining to requesting individuals; requests for access to records, amendment of such records, or accounting of disclosures; time limits for response; appeal from denial of requests; fees for document duplication; files and records exempted from certain Privacy Act requirements.
rule

Subpart L—POST-EMPLOYMENT RESTRICTIONS ON ACTIVITIES BY FORMER OFFICERS AND EMPLOYEES

§102.120
Post-employee restrictions on activities by former Officers and employees.
rule

Subpart M—CONSTRUCTION OF RULES

§102.121
Rules to be liberally construed.
rule

Subpart N—ENFORCEMENT OF RIGHTS, PRIVILEGES, AND IMMUNITIES GRANTED OR GUARANTEED UNDER SECTION 222(F), COMMUNICATIONS ACT OF 1934, AS AMENDED, TO EMPLOYEES OF MERGED TELEGRAPH CARRIERS

§102.122
Enforcement.
§102.123
Amendment or rescission of rules.
rule

Subpart O—AMENDMENTS

§102.124
Petitions for issuance, amendment, or repeal of rules.
§102.125
Action on petition.
rule

Subpart P—EX PARTE COMMUNICATIONS

§102.126
Unauthorized communications.
§102.127
Definitions.
§102.128
Types of on-the-record proceedings; categories of Board agents; and duration of prohibition.
§102.129
Communications prohibited.
§102.130
Communications not prohibited.
§102.131
Solicitation of prohibited communications.
§102.132
Reporting of prohibited communications; penalties.
§102.133
Penalties and enforcement.
rule

Subpart Q—PROCEDURE GOVERNING MATTERS AFFECTING EMPLOYMENT-MANAGEMENT AGREEMENTS UNDER THE POSTAL REORGANIZATION ACT

§102.135
Employment-management agreements.
rule

Subpart R—ADVISORY COMMITTEES

§102.136
Establishment and utilization of advisory committees.
rule

Subpart S—OPEN MEETINGS

§102.137
Public observation of Board meetings.
§102.138
Definition of meeting.
§102.139
Closing of meetings; reasons therefor.
§102.140
Action necessary to close meetings; record of votes.
§102.141
Notice of meetings; public announcement and publication.
§102.142
Transcripts, recordings or minutes of closed meetings; public availability; retention.
rule

Subpart T—AWARDS OF FEES AND OTHER EXPENSES

§102.143
“Adversary adjudication” defined; entitlement to award; eligibility for award.
§102.144
Standards for awards.
§102.145
Allowable fees and expenses.
§102.146
Rulemaking on maximum rates for attorney or agent fees.
§102.147
Contents of application; net worth exhibit; documentation of fees and expenses.
§102.148
When an application may be filed; place of filing; service; referral to administrative law judge; stay of proceeding.
§102.149
Filing of documents; service of documents; motions for extension of time.
§102.150
Answer to application; reply to answer; comments by other parties.
§102.151
Settlement.
§102.152
Further proceedings.
§102.153
Administrative law judge's decision; contents; service; transfer of case to the Board; contents of record in case.
§102.154
Exceptions to administrative law judge's decision; briefs; action of Board.
§102.155
Payment of award.
rule

Subpart U—DEBT-COLLECTION PROCEDURES BY ADMINISTRATIVE OFFSET

§102.156
Administrative offset; purpose and scope.
§102.157
Definitions.
§102.158
Agency requests for administrative offsets and cooperation with other Federal agencies.
§102.159
Exclusions.
§102.160
Agency responsibilities.
§102.161
Notification.
§102.162
Examination and copying of records related to the claim; opportunity for full explanation of the claim.
§102.163
Opportunity for repayment.
§102.164
Review of the obligation.
§102.165
Cost shifting.
§102.166
Additional administrative collection action.
§102.167
Prior provision of rights with respect to debt.
rule

Subpart V—DEBT COLLECTION PROCEDURES BY FEDERAL INCOME TAX REFUND OFFSET

§102.168
Federal income tax refund offset; purpose and scope.
§102.169
Definitions.
§102.170
Agency referral to IRS for tax referral effect; Agency responsibilities.
§102.171
Cost shifting.
§102.172
Minimum referral amount.
§102.173
Relation to other collection efforts.
§102.174
Debtor notification.
§102.175
Agency review of the obligation.
§102.176
Prior provision of rights with respect to debt.
rule

Subpart W—MISCONDUCT BY ATTORNEYS OR PARTY REPRESENTATIVES

§102.177
Exclusion from hearings; Refusal of witness to answer questions; Misconduct by attorneys and party representatives before the Agency; Procedures for processing misconduct allegations.
rule

Subpart X—SPECIAL PROCEDURES WHEN THE BOARD LACKS A QUORUM

§102.178
Normal operations should continue.
§102.179
Motions for default judgment, summary judgment, or dismissal referred to Chief Administrative Law Judge.
§102.180
Requests for special permission to appeal referred to Chief Administrative Law Judge.
§102.181
Administrative and procedural requests referred to Executive Secretary.
§102.182
Representation cases should be processed to certification.
Appendix
Appendix A to Part 102—NLRB Official Office Hours


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