[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: 29CFR102.48]

[Page 52-53]
 
                             TITLE 29--LABOR
 
                CHAPTER I--NATIONAL LABOR RELATIONS BOARD
 
PART 102_RULES AND REGULATIONS, SERIES 8--Table of Contents

   Subpart B_Procedure Under Section 10 (a) to (i) of the Act for the 
                Prevention of Unfair Labor Practices \1\
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Sec. 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.

    (a) In the event no timely or proper exceptions are filed as herein 
provided, the findings, conclusions, and recommendations of the 
administrative law judge as contained in his decision shall, pursuant to 
section 10(c) of the Act, automatically become the decision and order of 
the Board and become its findings, conclusions, and order, and all 
objections and exceptions thereto shall be deemed waived for all 
purposes.
    (b) Upon the filing of timely and proper exceptions, and any cross-
exceptions, or answering briefs, as provided in Sec. 102.46, the Board 
may decide the matter forthwith upon the record, or after oral argument, 
or may reopen the record and receive further evidence before a member of 
the Board or other Board agent or agency, or may make other disposition 
of the case.
    (c) Where exception is taken to a factual finding of the 
administrative law judge, the Board, in determining whether the finding 
is contrary to a preponderance of the evidence, may limit its 
consideration to such portions of the record as are specified in the 
exceptions, the supporting brief, and the answering brief.

[[Page 53]]

    (d)(1) A party to a proceeding before the Board may, because of 
extraordinary circumstances, move for reconsideration, rehearing, or 
reopening of the record after the Board decision or order. A motion for 
reconsideration shall state with particularity the material error 
claimed and with respect to any finding of material fact shall specify 
the page of the record relied on. A motion for rehearing shall specify 
the error alleged to require a hearing de novo and the prejudice to the 
movant alleged to result from such error. A motion to reopen the record 
shall state briefly the additional evidence sought to be adduced, why it 
was not presented previously, and that, if adduced and credited, it 
would require a different result. Only newly discovered evidence, 
evidence which has become available only since the close of the hearing, 
or evidence which the Board believes should have been taken at the 
hearing will be taken at any further hearing.
    (2) Any motion pursuant to this section shall be filed within 28 
days, or such further period as the Board may allow, after the service 
of the Board's decision or order, except that a motion for leave to 
adduce additional evidence shall be filed promptly on discovery of such 
evidence. Copies of any request for an extension of time shall be served 
promptly on the other parties.
    (3) The filing and pendency of a motion under this provision shall 
not operate to stay the effectiveness of the action of the Board unless 
so ordered. A motion for reconsideration or for rehearing need not be 
filed to exhaust administrative remedies.

[28 FR 7974, Aug. 6, 1963, as amended at 34 FR 14432, Sept. 16, 1969; 51 
FR 23746, July 1, 1986; 56 FR 49143, Sept. 27, 1991]