[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR102.1]

[Page 33-37]
 
                             TITLE 29--LABOR
 
                CHAPTER I--NATIONAL LABOR RELATIONS BOARD
 
PART 102_RULES AND REGULATIONS, SERIES 8--Table of Contents
 
                          Subpart A_Definitions
 
Sec. 102.1  Terms defined in section 2 of the Act.




                          Subpart A_Definitions

Sec.
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.

   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;

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          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 the 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.

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.

 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.

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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 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.

 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.

 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.

   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.

                 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.

           Subpart J_Certification and Signature of Documents

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

                    Subpart K_Records and Information

102.117 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 
          subopena duces tecum; prohibited from testifying in regard 
          thereto; production of witnesses' statements after direct 
          testimony.

Subpart L_Post-employment Restrictions on Activities by Former Officers 
                              and Employees

102.119 Post-employee restrictions on activities by former Officers and 
          employees.

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                     Subpart M_Construction of Rules

102.121 Rules to be liberally construed.

 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.

                          Subpart O_Amendments

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

                    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.

 Subpart Q_Procedure Governing Manners Affecting Employment-Management 
             Agreements Under the Postal Reorganization Act

102.135 Employment-management agree- ments.

                      Subpart R_Advisory Committees

102.136 Establishment and utilization 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 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.

               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.

      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 Prior provision of rights with respect to debt.

       Subpart W_Misconduct by Attorneys or Party Representatives

102.177 Exclusion from hearings; Refusal of witness to answer questions; 
          Misconduct

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          by attorneys and party representatives before the Agency; 
          Procedures for processing misconduct allegations.

Appendix A to Part 102--NLRB Official Office Hours

    Authority: Sec. 6, National Labor Relations Act, as amended (29 
U.S.C. 151, 156). Section 102.117 also issued under sec. 552(a)(4)(A) of 
the Freedom of Information Act, as amended (5 U.S.C. 552(a)(4)(A)), and 
section 552a (j) and (k) of the Privacy Act (5 U.S.C. 552a (j) and (k)). 
Sections 102.143 through 102.155 also issued under sec. 504(c)(1) of the 
Equal Access to Justice Act as amended (5 U.S.C. 504(c)(1)).

    Source: 24 FR 9102, Nov. 7, 1959, unless otherwise noted.



    The terms person, employer, employee, representative, labor 
organization, commerce, affecting commerce, and unfair labor practice, 
as used herein, shall have the meanings set forth in section 2 of the 
National Labor Relations Act, as amended by title I of the Labor 
Management Relations Act, 1947.