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Electronic Code of Federal Regulations

e-CFR data is current as of January 23, 2020

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.
rule

Subpart B—SERVICE AND FILINGS

§102.2
Time requirements for filings with the Agency.
§102.3
Date of service.
§102.4
Methods of service of process and papers by the Agency; proof of service.
§102.5
Filing and service of papers by parties: Form of papers; manner and proof of filing or service.
§102.6
Notice to the Administrative Law Judge or Board of supplemental authority.
§102.7
Signature on documents E-Filed with the Agency.
§102.8
[Reserved]
rule

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

§102.9
Who may file; withdrawal and dismissal.
§102.10
Where to file.
§102.11
Signature; sworn; declaration.
§102.12
Contents.
§102.13
[Reserved]
§102.14
Service of charge.
§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.
§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.
§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.
§102.29
Intervention; requisites; rulings on motions to intervene.
§102.30
Depositions; examination of witnesses.
§102.31
Issuance of subpoenas; petitions to revoke subpoenas; rulings on claim of privilege against self-incrimination; subpoena enforcement proceedings; right to inspect or copy data.
§102.32
Payment of witness fees and mileage; fees of officer who transcribes deposition or video testimony.
§102.33
Transfer of charge and proceeding from Region to Region; consolidation of proceedings in same Region; severance.
§102.34
Who will conduct hearing; 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
Disqualification and unavailability of Administrative Law Judges.
§102.37
[Reserved]
§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.
§102.44
[Reserved]
§102.45
Administrative Law Judge's decision; contents of record; alternative dispute resolution program.
§102.46
Exceptions and brief in support; answering briefs to exceptions; cross-exceptions and brief in support; answering briefs to cross-exceptions; reply briefs; failure to except; oral argument; filing requirements; amicus curiae briefs.
§102.47
Filing of motion after transfer of case to Board.
§102.48
No exceptions filed; exceptions filed; motions for reconsideration, rehearing, or reopening the record.
§102.49
Modification or setting aside of Board order before record filed in court; action thereafter.
§102.50
Hearings before the Board or a Board Member.
§102.51
Settlement or adjustment of issues.
§102.52
Compliance with Board order; notification of compliance determination.
§102.53
Appeal of compliance determination to the General Counsel; General Counsel's action; request for review by the Board; Board action; opposition to appeal or request for review.
§102.54
Issuance of compliance specification; consolidation of complaint and compliance specification.
§102.55
Contents of compliance specification.
§102.56
Answer to compliance specification.
§102.57
Extension of date of hearing.
§102.58
Withdrawal of compliance specification.
§102.59
Hearing and posthearing procedures.
rule

Subpart D—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
Election agreements; voter list; Notice of Election.
§102.63
Investigation of petition by regional director; notice of hearing; service of notice; Notice of Petition for Election; Statement of Position; withdrawal of notice of hearing.
§102.64
Conduct of hearing.
§102.65
Motions; intervention; appeals of hearing officer's rulings.
§102.66
Introduction of evidence: rights of parties at hearing; preclusion; subpoenas; oral argument and briefs.
§102.67
Proceedings before the regional director; further hearing; action by the regional director; appeals from actions of the regional director; statement in opposition; requests for extraordinary relief; Notice of Election; voter list.
§102.68
Record in pre-election proceeding; what constitutes; transmission to Board.
§102.69
Election procedure; tally of ballots; objections; certification by the regional director; hearings; hearing officer reports on objections and challenges; exceptions to hearing officer reports; regional director decisions on objections and challenges.
§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 the general counsel has assumed jurisdiction.
rule

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

§102.89
Initiation of proceedings.
§102.90
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 H—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 I—ADVISORY OPINIONS AND DECLARATORY ORDERS REGARDING BOARD JURISDICTION

§102.98
Petition for advisory opinion; who may file; where to file.
§102.99
Contents of petition for advisory opinion.
§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.
§§102.111-102.114
[Reserved]
rule

Subpart J—CERTIFICATION AND SIGNATURE OF DOCUMENTS

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

Subpart K—RECORDS AND INFORMATION

§102.117
Freedom of Information Act Regulations: Agency materials including formal documents available pursuant to the Freedom of Information Act; requests for described records; time limit for response; appeal from denial of request; fees for document search, duplication, and review; files and records not subject to inspection.
§102.118
Present and former Board employees prohibited from producing documents and testifying; 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 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-employment restrictions on activities by former officers and employees.
rule

Subpart M—CONSTRUCTION OF RULES

§102.121
Rules to be liberally construed.
§§102.122-102.123
[Reserved]
§102.125
Action on petition.
rule

Subpart N—[RESERVED]

rule

Subpart O—AMENDMENTS

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; 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.
§102.134
[Reserved]
rule

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

§102.135
Postal Reorganization Act.
rule

Subpart R—ADVISORY COMMITTEES

§102.136
Establishment and use 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.
§102.140
Action necessary to close meeting; 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 the 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
[Reserved]
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.

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