29 CFR Part 102
PART 102—RULES AND REGULATIONS, SERIES 8
- PART 102—RULES AND REGULATIONS, SERIES 8
- Subtitle B—Regulations Relating to Labor › Chapter I—National Labor Relations Board
- Subpart A—Definitions
- § 102.1 Terms defined in Section 2 of the Act.
- 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]
- 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.
- Subpart D—Procedure Under Section 9(c) of the Act for the Determination of Questions Concerning Representation of Employees 2 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- § 102.104 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]
- Subpart J—Certification and Signature of Documents
- § 102.115 Certification of Board papers and documents.
- § 102.116 Signature on Board orders.
- 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 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.
- Subpart L—Post-Employment Restrictions on Activities by Former Officers and Employees
- § 102.120 Post-employment restrictions on activities by former officers and employees.
- Subpart M—Construction of Rules
- § 102.121 Rules to be liberally construed.
- §§ 102.122-102.123 [Reserved]
- § 102.124 Petitions for issuance, amendment, or repeal of rules.
- § 102.125 Action on petition.
- Subpart N [Reserved]
- Subpart O—Amendments
- 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]
- Subpart Q—Procedure Governing Matters Affecting Employment-Management Agreements Under the Postal Reorganization Act
- § 102.135 Postal Reorganization Act.
- Subpart R—Advisory Committees
- § 102.136 Establishment and use of advisory committees.
- 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.
- 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.
- 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.
- 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]
- 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.
- 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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