cfr_sections
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269 rows where agency = "OWCP" and title_number = 29 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 29:29:2.1.1.1.1.1.1.1 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | A | Subpart A—Employee Responsibilities and Conduct | § 100.101 Cross-reference to financial disclosure requirements and other conduct rules. | OWCP | [62 FR 6448, Feb. 12, 1997] | Employees of the National Labor Relations Board (NLRB) should refer to the executive branch-wide Standards of Ethical Conduct at 5 CFR part 2635; the NLRB's regulations at 5 CFR part 7101, which supplement the executive branch-wide standards; the employee responsibilities and conduct regulations at 5 CFR part 735; and the executive branch financial disclosure regulations at 5 CFR part 2634. | ||||
| 29:29:2.1.1.1.1.2.1.1 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | B | Subpart B—Cooperation in Audits and Investigations | § 100.201 Audits and investigations. | OWCP | [59 FR 37158, July 21, 1994] | (a) Employees shall cooperate fully with any audit or investigation conducted by the Office of the Inspector General involving matters that fall within the jurisdiction and authority of the Inspector General, as defined in the Inspector General Act of 1978, as amended, or with any audit or investigation conducted by any Agency official or department, including, but not limited to, the Office of Equal Employment Opportunity, involving matters that relate to or have an effect on the official business of the Agency. Such cooperation shall include, among other things, responding to requests for information, providing statements under oath relating to such audits or investigations, and affording access to Agency records and/or any other Agency materials in an employee's possession. (b) The obstruction of an audit or investigation, concealment of information, intentional furnishing of false or misleading information, refusal to provide information and/or answer questions, or refusal to provide a statement under oath, by an employee to an auditor or investigator pursuant to any audit or investigation as described in paragraph (a) of this section, may result in disciplinary action against an employee. However, nothing herein shall be construed to deny, abridge, or otherwise restrict the rights, privileges, or other entitlements or protections afforded to Agency employees. | ||||
| 29:29:2.1.1.1.1.4.1.1 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | D | Subpart D—Claims Under the Federal Tort Claims Act | § 100.401 Claims under the Federal Tort Claims Act for loss of or damage to property or for personal injury or death. | OWCP | [81 FR 19487, Apr. 5, 2016] | (a) Scope of regulations. These regulations apply to administrative claims filed under the Federal Tort Claims Act (28 U.S.C. 2672), as amended, for money damages against the United States for damage to or loss of property, or for personal injury or death, caused by the negligent or wrongful act or omission of any employee of the National Labor Relations Board acting within the scope of his or her office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. The regulations in this part supplement the Department of Justice's regulations in 28 CFR part 14. (b) Filing a claim. Claims may be submitted to the Associate General Counsel, Division of Legal Counsel, Headquarters, National Labor Relations Board, Washington, DC 20570 at any time within 2 years after such claim has accrued. The current address for Headquarters can be found at www.nlrb.gov. Such claim may be presented by a person specified in 28 CFR 14.3. An executed Standard Form 95, Claim for Damage, Injury, or Death , or written notification must be submitted and accompanied by as much of the appropriate information specified in 28 CFR 14.4 as may reasonably be obtained. (c) Amendment of claim. A claim submitted in compliance with this subpart may be amended by the claimant at any time prior to final action by the National Labor Relations Board or prior to the exercise of the claimant's option under 28 U.S.C. 2675(a). Amendments shall be submitted in writing and signed by the claimant or his or her duly authorized agent or legal representative. Upon the timely filing of an amendment to a pending claim, the National Labor Relations Board shall have six months to make a final disposition of the claim as amended and the claimant's option under 28 U.S.C. 2675(a) shall not accrue until six months after filing of an amendment. (d) Action on claims. The Associate General Counsel, Division of Legal Counsel, shall have… | ||||
| 29:29:2.1.1.1.1.5.1.1 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | § 100.501 Purpose. | OWCP | The purpose of this regulation is to effectuate section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by Executive agencies or the United States Postal Service. | |||||
| 29:29:2.1.1.1.1.5.1.10 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | § 100.540 Employment. | OWCP | No qualified individual with handicaps shall, on the basis of handicap, be subject to discrimination in employment under any program or activity conducted by the agency. The definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by the Equal Employment Opportunity Commission in 29 CFR part 1613, shall apply to employment in federally conducted programs or activities. | |||||
| 29:29:2.1.1.1.1.5.1.11 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | §§ 100.541-100.548 [Reserved] | OWCP | ||||||
| 29:29:2.1.1.1.1.5.1.12 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | § 100.549 Program accessibility: Discrimination prohibited. | OWCP | [53 FR 25884, 25885, July 8, 1988. Redesignated at 59 FR 37159, July 21, 1994, and amended at 60 FR 32587, June 23, 1995] | Except as otherwise provided in § 100.550, no qualified individual with handicaps shall, because the agency's facilities are inaccessible to or unusable by individuals with handicaps, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity conducted by the agency. | ||||
| 29:29:2.1.1.1.1.5.1.13 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | § 100.550 Program accessibility: Existing facilities. | OWCP | [53 FR 25884, 25885, July 8, 1988. Redesignated at 59 FR 37159, July 21, 1994, and amended at 60 FR 32587, June 23, 1995] | (a) General. The agency shall operate each program or activity so that the program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with handicaps. This paragraph does not— (1) Necessarily require the agency to make each of its existing facilities accessible to and usable by individuals with handicaps; (2) In the case of historic preservation programs, require the agency to take any action that would result in a substantial impairment of significant historic features of an historic property; or (3) Require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where agency personnel believe that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance with § 100.550(a) would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the agency head or his or her designee after considering all agency resources available for use in the funding and operation of the conducted program or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, the agency shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with handicaps receive the benefits and services of the program or activity. (b) Methods —(1) General. The agency may comply with the requirements of this section through such means as redesign of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities, use of … | ||||
| 29:29:2.1.1.1.1.5.1.14 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | § 100.551 Program accessibility: New construction and alterations. | OWCP | Each building or part of a building that is constructed or altered by, on behalf of, or for the use of the agency shall be designed, constructed, or altered so as to be readily accessible to and usable by individuals with handicaps. The definitions, requirements, and standards of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 CFR 101-19.600 to 101-19.607, apply to buildings covered by this section. | |||||
| 29:29:2.1.1.1.1.5.1.15 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | §§ 100.552-100.559 [Reserved] | OWCP | ||||||
| 29:29:2.1.1.1.1.5.1.16 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | § 100.560 Communications. | OWCP | [53 FR 25884, 25885, July 8, 1988. Redesignated at 59 FR 37159, July 21, 1994, and amended at 60 FR 32587, June 23, 1995] | (a) The agency shall take appropriate steps to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public. (1) The agency shall furnish appropriate auxiliary aids where necessary to afford an individual with handicaps an equal opportunity to participate in, and enjoy the benefits of, a program or activity conducted by the agency. (i) In determining what type of auxiliary aid is necessary, the agency shall give primary consideration to the requests of the individual with handicaps. (ii) The agency need not provide individually prescribed devices, readers for personal use or study, or other devices of a personal nature. (2) Where the agency communicates with applicants and beneficiaries by telephone, telecommunication devices for deaf persons (TDD's) or equally effective telecommunication systems shall be used to communicate with persons with impaired hearing. (b) The agency shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities. (c) The agency shall provide signage at a primary entrance to each of its inaccessible facilities, directing users to a location at which they can obtain information about accessible facilities. The international symbol for accessibility shall be used at each primary entrance of an accessible facility. (d) This section does not require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where agency personnel believe that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance with § 100.560 would result in such alteration or burdens. The decision that compliance would result in such alteration or bu… | ||||
| 29:29:2.1.1.1.1.5.1.17 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | §§ 100.561-100.569 [Reserved] | OWCP | ||||||
| 29:29:2.1.1.1.1.5.1.18 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | § 100.570 Compliance procedures. | OWCP | [53 FR 25884, 25885, July 8, 1988, as amended at 53 FR 25884, July 8, 1988. Redesignated and amended at 59 FR 37159, July 21, 1994] | (a) Except as provided in paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of handicap in programs and activities conducted by the agency. (b) The agency shall process complaints alleging violations of section 504 with respect to employment according to the procedures established by the Equal Employment Opportunity Commission in 29 CFR part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791). (c) The Director of Administration shall be responsible for coordinating implementation of this section. Complaints may be sent to Director of Administration, National Labor Relations Board, 1099 Fourteenth Street NW., Washington, DC 20570. (d) The agency shall accept and investigate all complete complaints for which it has jurisdiction. All complete complaints must be filed within 180 days of the alleged act of discrimination. The agency may extend this time period for good cause. (e) If the agency receives a complaint over which it does not have jurisdiction, it shall promptly notify the complainant and shall make reasonable efforts to refer the complaint to the appropriate Government entity. (f) The agency shall notify the Architectural and Transportation Barriers Compliance Board upon receipt of any complaint alleging that a building or facility that is subject to the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), is not readily accessible to and usable by individuals with handicaps. (g) Within 180 days of the receipt of a complete complaint for which it has jurisdiction, the agency shall notify the complainant of the results of the investigation in a letter containing— (1) Findings of fact and conclusions of law; (2) A description of a remedy for each violation found; and (3) A notice of the right to appeal. (h) Appeals of the findings of fact and conclusions of law or remedies must be filed by the complainant within 90 days of receipt from the agency of the letter required by § 100.170(g). The agency may ext… | ||||
| 29:29:2.1.1.1.1.5.1.19 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | §§ 100.571-100.599 [Reserved] | OWCP | ||||||
| 29:29:2.1.1.1.1.5.1.2 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | § 100.502 Application. | OWCP | [53 FR 25884, 25885, July 8, 1988. Redesignated at 59 FR 37159, July 21, 1994, and amended at 60 FR 32587, June 23, 1995] | This regulation (§§ 100.501-100.570) applies to all programs or activities conducted by the agency, except for programs or activities conducted outside the United States that do not involve individuals with handicaps in the United States. | ||||
| 29:29:2.1.1.1.1.5.1.3 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | § 100.503 Definitions. | OWCP | [53 FR 25884, 25885, July 8, 1988. Redesignated at 59 FR 37159, July 21, 1994, and amended at 60 FR 32587, June 23, 1995] | For purposes of this regulation, the term— Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Department of Justice. Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the agency. For example, auxiliary aids useful for persons with impaired vision include readers, Brailled materials, audio recordings, and other similar services and devices. Auxiliary aids useful for persons with impaired hearing include telephone handset amplifiers, telephones compatible with hearing aids, telecommunication devices for deaf persons (TDD's), interpreters, notetakers, written materials, and other similar services and devices. Complete complaint means a written statement that contains the complainant's name and address and describes the agency's alleged discriminatory action in sufficient detail to inform the agency of the nature and date of the alleged violation of section 504. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination. Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property. Historic preservation programs means programs conducted by the agency that have preservation of historic properties as a primary purpose. Historic properties means those properties that are listed or eligible for listing in the National Register of Historic Places or properties designated as historic under a statute of the appropriate State or local government body. Individual with handicaps means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of su… | ||||
| 29:29:2.1.1.1.1.5.1.4 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | §§ 100.504-100.509 [Reserved] | OWCP | ||||||
| 29:29:2.1.1.1.1.5.1.5 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | § 100.510 Self-evaluation. | OWCP | (a) The agency shall, by September 6, 1989, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this regulation and, to the extent modification of any such policies and practices is required, the agency shall proceed to make the necessary modifications. (b) The agency shall provide an opportunity to interested persons, including individuals with handicaps or organizations representing individuals with handicaps, to participate in the self-evaluation process by submitting comments (both oral and written). (c) The agency shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection: (1) A description of areas examined and any problems identified; and (2) A description of any modifications made. | |||||
| 29:29:2.1.1.1.1.5.1.6 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | § 100.511 Notice. | OWCP | The agency shall make available to employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this regulation and its applicability to the programs or activities conducted by the agency, and make such information available to them in such manner as the head of the agency finds necessary to apprise such persons of the protections against discrimination assured them by section 504 and this regulation. | |||||
| 29:29:2.1.1.1.1.5.1.7 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | §§ 100.512-100.529 [Reserved] | OWCP | ||||||
| 29:29:2.1.1.1.1.5.1.8 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | § 100.530 General prohibitions against discrimination. | OWCP | (a) No qualified individual with handicaps shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the agency. (b)(1) The agency, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of handicap— (i) Deny a qualified individual with handicaps the opportunity to participate in or benefit from the aid, benefit, or service; (ii) Afford a qualified individual with handicaps an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; (iii) Provide a qualified individual with handicaps with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others; (iv) Provide different or separate aid, benefits, or services to individuals with handicaps or to any class of individuals with handicaps than is provided to others unless such action is necessary to provide qualified individuals with handicaps with aid, benefits, or services that are as effective as those provided to others; (v) Deny a qualified individual with handicaps the opportunity to participate as a member of planning or advisory boards; (vi) Otherwise limit a qualified individual with handicaps in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service. (2) The agency may not deny a qualified individual with handicaps the opportunity to participate in programs or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities. (3) The agency may not, directly or through contractual or other arrangements, utilize criteria or methods of administration the purpose or effect of which would— (i) Subject qualified individuals w… | |||||
| 29:29:2.1.1.1.1.5.1.9 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | E | Subpart E—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board | §§ 100.531-100.539 [Reserved] | OWCP | ||||||
| 29:29:2.1.1.1.1.6.1.1 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.601 Purpose and scope. | OWCP | This part prescribes standards and procedures for officers and employees of the National Labor Relations Board (NLRB) who are responsible for the collection and disposition of certain debts owed to the United States, as further defined below. The authority for this part is the Federal Claims Collection Act of 1966; the Debt Collection Improvement Act of 1996; 31 U.S.C. 3711 and 3716 through 3719, as amended; The Federal Claims Collection Standards, 31 CFR chapter IX parts 900-904; and Office of Management and Budget Circular A-129. The activities covered include: the collection of claims of any amount; compromising claims; suspending or terminating the collection of claims; referring debts that are more than 180 days delinquent to the Department of the Treasury for collection action; and the referral of debts of more than $100,000 (exclusive of any interest and charges) to the Department of Justice for litigation. | |||||
| 29:29:2.1.1.1.1.6.1.10 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.610 Written demand for payment. | OWCP | (a) The NLRB will promptly make written demand upon the debtor for payment of money or the return of specific property. The written demand for payment will be consistent with the requirements of 31 CFR chapter IX § 901.2. The date by which payment is due to avoid any late charges will be 60 days from the date that the demand letter is mailed or hand-delivered. (b) The failure to state in a letter of demand a matter described in 31 CFR chapter IX § 901.2 is not a defense for a debtor and does not prevent the NLRB from proceeding with respect to that matter. (c) When necessary, to protect the Government's interest, written demand may be preceded by other appropriate action, including immediate referral for litigation. It may be appropriate to contact a debtor or his representative or guarantor by other means (telephone, in person, etc.) to discuss prompt payment, the debtor's ability to repay the debt, and to inform the debtor of his rights and the affect of nonpayment or delayed payment. (d) When the NLRB learns that a bankruptcy petition has been filed with respect to a debtor, the NLRB will cease collection action immediately unless it has been determined that the automatic stay imposed at the time of filing pursuant to 11 U.S.C. 362 has been lifted or is no longer in effect. | |||||
| 29:29:2.1.1.1.1.6.1.11 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.611 Reporting claims or debts. | OWCP | (a) In addition to assessing interest, penalties, and administrative costs pursuant to 31 CFR chapter IX § 901.9, the NLRB may report a debt that has been delinquent for 90 days to a consumer reporting agency in accordance with the requirements of 31 U.S.C. 3711(e). (b) The information the NLRB discloses to a consumer reporting agency is limited to— (1) Information necessary to establish the identity of the individual debtor, including name, address, and taxpayer identification number; (2) The amount, status, and history of the debt; and (3) The NLRB activity under which the debt arose. | |||||
| 29:29:2.1.1.1.1.6.1.12 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.612 Disputed claims or debts. | OWCP | (a) A debtor who disputes a debt should provide the NLRB with an explanation as to why the debt is incorrect within 60 days from the date the initial demand letter was mailed or hand-delivered. The debtor may support the explanation by affidavits, cancelled checks, or other relevant evidence. (b) If the debtor's arguments appear to have merit, the NLRB may waive the interest period pursuant to 29 CFR 100.617(c) pending a final determination of the existence or the amount of the debt. (c) The NLRB may investigate the facts concerning the dispute and, if it considers it necessary, arrange for a conference at which the debtor may present evidence and any arguments in support of the debtor's position. | |||||
| 29:29:2.1.1.1.1.6.1.13 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.613 Contracting for collection services. | OWCP | The NLRB may contract for collection services in order to recover delinquent debts only if the debts are not subject to the DCIA requirement to transfer claims or debts to Treasury for debt collection services, e.g., claims or debts of less than 180 days delinquent. However, the NLRB retains the authority to resolve disputes, compromise claims, suspend or terminate collection action, and initiate enforced collection through litigation. When appropriate, the NLRB shall contract for collection services in accordance with guidance and standards contained in 31 CFR chapter IX parts 900-904. | |||||
| 29:29:2.1.1.1.1.6.1.14 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.614 Collection by administrative offset. | OWCP | (a) Application. (1) The NLRB may administratively undertake collection by centralized offset on each claim which is liquidated or certain in amount in accordance with the guidance and standards in 31 CFR parts 900-904 and 5 U.S.C. 5514. (2) This section does not apply to those debts described in 31 CFR 901.3(a)(2). (3) Unless otherwise provided for by contract or law, debts or payments that are not subject to administrative offset under 31 U.S.C. 3716 may be collected by administrative offset under the common law or other applicable statutory authority. (4) Generally, administrative offset of payments under the authority of 31 U.S.C. 3716 may not be conducted more than 10 years after the Government's right to collect the claim or debt first accrued. (b) Mandatory centralized offset. (1) The NLRB is required to refer past due legally enforceable, nontax debts that are over 180 days delinquent to the Department of the Treasury for collection by centralized administrative offset. A debt is legally enforceable if there has been a final determination by the NLRB that the debt, in the amount stated, is due and there are no legal bars to collection action. Debts under this section will be referred and collected pursuant to procedures in 31 CFR 901.3(b). (c) NLRB administrative offset. The NLRB, in order to refer a delinquent debt to the Department of the Treasury for administrative offset, adopts the administrative offset procedures as prescribed by 31 CFR 901.3. (d) Non-centralized administrative offset. Generally, non-centralized administrative offsets are ad hoc case-by-case offsets that the NLRB would conduct at its own discretion, internally or in cooperation with the agency certifying or authorizing payments to the debtor. Non-centralized administrative offset is used when centralized administrative offset is not available or appropriate to collect past due legally enforceable, nontax delinquent debts. In these cases, the NLRB may make a request directly to a payment-authorizing agency to offset a p… | |||||
| 29:29:2.1.1.1.1.6.1.15 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.615 Authorities other than offset. | OWCP | (a) Administrative Wage Garnishment. The NLRB is authorized to collect debts from a debtor's wages by means of administrative wage garnishment in accordance with the requirements of 31 U.S.C. 3720D and 31 CFR 285.11. This section adopts and incorporates all of the provisions of 31 CFR 285.11 concerning administrative wage garnishment, including the hearing procedures described in 31 CFR 285.11(f). The NLRB may use administrative wage garnishment to collect a delinquent debt unless the debtor is making timely payments under an agreement to pay the debt in installments. (b) This section does not apply to Federal salary offset, the process by which the NLRB collects debts from the salaries of Federal employees. | |||||
| 29:29:2.1.1.1.1.6.1.16 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.616 Payment collection. | OWCP | (a) The NLRB shall make every effort to collect a claim in full before it becomes delinquent, but will consider arranging for payment in regular installments consistent with 31 CFR 901.8, if the debtor furnishes satisfactory evidence that he is unable to pay the debt in one lump sum. Except for a claim described in 5 U.S.C. 5514, all installment payment arrangements must be in writing and require the payment of interest, penalties, and other administrative costs. If possible, the installment payments should be sufficient in size and frequency to liquidate the debt in three years or less. (b) If a debt is paid in one lump sum after it becomes delinquent, the NLRB shall impose charges for interest, penalties, and administrative costs as specified in 31 CFR 901.9. (c) Payment of a debt is made by check, electronic funds transfer, draft, or money order payable to the National Labor Relations Board. Payment should be made to the National Labor Relations Board, Finance Branch, 1099 14th Street NW., Washington, DC 20570, unless payment is— (1) Made pursuant to arrangements with the Department of Justice; (2) Ordered by a Court of the United States; or (3) Otherwise directed in any other part of this chapter. | |||||
| 29:29:2.1.1.1.1.6.1.17 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.617 Interest, penalties, and administrative costs. | OWCP | (a) Pursuant to 31 U.S.C. 3717, the NLRB shall assess interest, penalties, and administrative costs on debts owed to the United States Government. Interest, penalties, and administrative costs will be assessed in accordance with the provisions contained in 31 CFR 901.9. (b) The NLRB shall waive collection of interest on a debt or any portion of the debt which is paid in full within 30 days after the date on which the interest began to accrue. (c) The NLRB may waive interest during a period a disputed debt is under investigation or review by the NLRB. However, this additional waiver is not automatic and must be requested before the expiration of the initial 30-day waiver period. The NLRB may grant the additional waiver only if it finds merit in the explanation the debtor has submitted. (d) The NLRB may waive collection of interest, penalties, and administrative costs if it finds that one or more of the following conditions exist: (1) The debtor is unable to pay any significant sum toward the debt within a reasonable period of time; (2) Collection of interest, penalties, and administrative costs will jeopardize collection of the principal of the debt; (3) The NLRB is unable to enforce collection in full within a reasonable period of time by enforced collection proceedings; or (4) Collection is not in the best interest of the United States, including when an administrative offset or installment agreement is in effect. (e) The NLRB is authorized to impose interest and related charges on debts not subject to 31 U.S.C. 3717, in accordance with common law. | |||||
| 29:29:2.1.1.1.1.6.1.18 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.618 Bankruptcy claims. | OWCP | When the NLRB learns that a bankruptcy petition has been filed by a debtor, before proceeding with further collection action, the NLRB will immediately seek legal advice from the NLRB's Office of Special Counsel concerning the impact of the Bankruptcy Code on any pending or contemplated collection activities. After seeking legal advice from the NLRB's Office of Special Counsel, the NLRB will take any necessary action in accordance with the provisions of 31 CFR 901.2(h). | |||||
| 29:29:2.1.1.1.1.6.1.19 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.619 When a debt may be compromised. | OWCP | The NLRB may compromise a debt not in excess of the monetary limitation in accordance with 31 CFR part 902 if it has not been referred to the Department of Justice for litigation. | |||||
| 29:29:2.1.1.1.1.6.1.2 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.602 Definitions. | OWCP | For the purpose of this subpart, the following definitions will apply: Administrative Offset means withholding money payable by the United States Government (including money payable by the United States Government on behalf of a State Government) to, or held by the Government for, a person to satisfy a debt the person owes the United States Government. Centralized offset means the offset of Federal payments through the Treasury Offset Program to collect debts which creditor agencies have certified pursuant to 31 U.S.C. 3716(c), 3720A(a) and applicable regulations. The term “centralized offset” includes the Treasury Offset Program's processing of offsets of Federal payments disbursed by disbursing officials other than the Department of the Treasury. Claim or debt means an amount of money, funds, or property that has been determined by an agency official to be owed to the United States by a person, organization, or entity, except another Federal agency. For the purposes of administrative offset under 31 U.S.C. 3716, the terms claim and debt include an amount of money, funds, or property owed by a person to a State (including past-due support being enforced by a State), the District of Columbia, American Samoa, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, or the Commonwealth of Puerto Rico. Cross-servicing means that the Department of the Treasury or another debt collection center is taking appropriate debt collection action on behalf of one or more Federal agencies or a unit or sub-agency thereof. Debtor means an individual, organization, group, association, partnership, or corporation indebted to the United States, or the person or entity with legal responsibility for assuming the debtor's obligation. Delinquent refers to the status of a debt and means a debt has not been paid by the date specified in the initial written demand for payment or applicable contractual agreement with the NLRB, unless other satisfactory payment arrangements have been made b… | |||||
| 29:29:2.1.1.1.1.6.1.20 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.620 Finality of a compromise. | OWCP | An offer of compromise must be in writing and signed by the debtor. An offer of compromise which is accepted by the NLRB is final and conclusive on the debtor and on all officials, agencies, and courts of the United States, unless obtained by fraud, misrepresentation, the presentation of a false claim, or mutual mistake of fact. | |||||
| 29:29:2.1.1.1.1.6.1.21 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.621 When collection action may be terminated or suspended. | OWCP | The NLRB may suspend or terminate collection action on a claim not in excess of the monetary limitation of $100,000 or such other amount as the Attorney General may direct, exclusive of interest, penalties, and administrative costs, after deducting the amount of partial payments or collections, if any, in accordance with the standards and reasons set forth in 31 CFR part 903. | |||||
| 29:29:2.1.1.1.1.6.1.22 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.622 Termination of collection action. | OWCP | Before terminating collection activity, the NLRB will have pursued all appropriate means of collection and determined, based upon results of the collection activity, that the debt is uncollectible. Termination of collection activity ceases active collection of the debt. The termination of collection activity does not preclude the NLRB from retaining a record of the account for the purposes stated in 31 CFR 903.3(b) and (c). | |||||
| 29:29:2.1.1.1.1.6.1.23 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.623 Exception to termination. | OWCP | If a debt meets the exceptions described in 31 CFR 903.4, the NLRB may refer it for litigation even though termination of collection activity may otherwise be appropriate. | |||||
| 29:29:2.1.1.1.1.6.1.24 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.624 Discharge of indebtedness; reporting requirements. | OWCP | (a) Before discharging a delinquent debt (also referred to as close-out of a debt), the NLRB shall take all appropriate steps to collect the debt in accordance with 31 U.S.C. 3711(g), including, as applicable, administrative offset, tax refund offset, Federal salary offset, referral to Treasury or Treasury-designated collection centers or private collection contractors, credit bureau reporting, wage garnishment, litigation, and foreclosure. Discharge of indebtedness is distinct from termination or suspension of collection activity and is governed by the Internal Revenue Code. When the NLRB determines that it will discharge a debt, it will do so in accordance with the provisions of 31 CFR 903.5. (b) [Reserved] | |||||
| 29:29:2.1.1.1.1.6.1.25 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.625 Referral of a claim to the Department of Justice. | OWCP | The NLRB shall promptly refer debts that are subject to aggressive collection activity and that cannot be compromised, or debts on which collection activity cannot be suspended or terminated, to the Department of Justice for litigation. Debts shall be referred as early as possible, consistent with the standards contained if 31 CFR parts 900-904 and, in any event, well within the period for initiating timely lawsuits against the debtors. The NLRB will make every effort to refer delinquent debts to the Department of Justice within one year of the date such debts became delinquent. | |||||
| 29:29:2.1.1.1.1.6.1.3 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.603 Debts that are covered. | OWCP | (a) The procedures covered by this part generally apply to claims for payment or debts which (1) Result from certain internal management activities of the NLRB; or (2) Are referred to the NLRB for collection. (b) The procedures covered by this part do not apply to (1) A debt arising from, or ancillary to, any action undertaken by or on behalf of the NLRB or its General Counsel in furtherance of efforts to ensure compliance with the National Labor Relations Board Act, 29 U.S.C. 151, et seq., including but not limited to actions involving the collection of monies owed for back pay and/or other monetary remedies provided for in Board orders or ancillary court proceedings. (Regulations concerning the collection of these types of debts are found in 29 CFR part 102, subparts U and V.); (2) A debt involving criminal actions of fraud, the presentation of a false claim, or misrepresentation on the part of the debtor or any other person having an interest in the claim; (3) A debt based in whole or in part on conduct in violation of the antitrust laws; (4) A debt under the Internal Revenue Code of 1986; (5) A debt between Federal agencies. Federal agencies should attempt to resolve interagency claims by negotiation in accordance with Executive Order 12146 (3 CFR, 1980 Comp., pp. 409-412); (6) A debt once it becomes subject to salary offset under 5 U.S.C. 5514; or (7) A debt involving bankruptcy which is covered by Title 11 of the United States Code. (c) Debts involving criminal actions of fraud, false claims, misrepresentation, or which violate antitrust laws will be promptly referred to the Department of Justice. Only the Department of Justice has the authority to compromise, suspend, or terminate collection activity on such debts. However, at its discretion, the Department of Justice may return a debt to the NLRB for further handling. | |||||
| 29:29:2.1.1.1.1.6.1.4 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.604 Monetary limitations on NLRB's authority. | OWCP | The NLRB's authority to compromise a debt or to suspend or terminate collection action on a debt covered by these procedures is limited by 31 U.S.C. 3711(a) to claims that: (a) Have not been referred to another Federal Agency for further collection actions; and (b) Do not exceed $100,000 (exclusive of any interest) or such higher amount as the Attorney General shall from time to time prescribe for purposes of compromise or suspension or termination of collection activity. | |||||
| 29:29:2.1.1.1.1.6.1.5 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.605 Information collection requirements: OMB approval. | OWCP | This part contains no information collection requirements, and, therefore, is not subject to the requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ) | |||||
| 29:29:2.1.1.1.1.6.1.6 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.606 No private rights created. | OWCP | (a) The failure of the NLRB to include in this part any provision of the Federal Collections Claim Standards (FCCS), 31 CFR chapter IX parts 900-904, does not prevent the NLRB from applying these provisions. (b) A debtor may not use the failure of the NLRB to comply with any provision of this part or of the FCCS as a defense. | |||||
| 29:29:2.1.1.1.1.6.1.7 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.607 Form of payment. | OWCP | These procedures are directed primarily at the recovery of money or, when a contractual basis exists, the NLRB may demand the return of specific property or the performance of specific services. | |||||
| 29:29:2.1.1.1.1.6.1.8 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.608 Subdivision of claims or debts. | OWCP | A debt may not be subdivided to avoid the monetary ceiling established by 31 U.S.C. 3711(a)(2) and 29 CFR 100.604. | |||||
| 29:29:2.1.1.1.1.6.1.9 | 29 | Labor | I | 100 | PART 100—ADMINISTRATIVE REGULATIONS | F | Subpart F—Debt Collection Procedures | § 100.609 Administrative collection of claims. | OWCP | The NLRB shall aggressively collect all claims or debts. These collection activities will be undertaken promptly and follow up action will be taken as appropriate in accordance with 31 CFR chapter IX § 901.1. | |||||
| 29:29:2.1.1.1.2.1.1.1 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | A | Subpart A—General Statement | § 101.1 General statement. | OWCP | The following statements of the general course and method by which the Board's functions are channeled and determined are issued and published pursuant to 5 U.S.C. 552(a)(1)(B). | |||||
| 29:29:2.1.1.1.2.2.1.1 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | B | Subpart B—Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases | § 101.2 Initiation of unfair labor practice cases. | OWCP | The investigation of an alleged violation of the National Labor Relations Act is initiated by the filing of a charge, which must be in writing and signed, and must either be notarized or must contain a declaration by the person signing it, under the penalties of the Criminal Code, that its contents are true and correct to the best of the persons' knowledge and belief. The charge is filed with the Regional Director for the Region in which the alleged violations have occurred or are occurring. A blank form for filing such charge is supplied by the Regional Office upon request. The charge contains the name and address of the person against whom the charge is made and a statement of the facts constituting the alleged unfair labor practices. | |||||
| 29:29:2.1.1.1.2.2.1.10 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | B | Subpart B—Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases | § 101.11 Administrative law judge's decision. | OWCP | (a) At the conclusion of the hearing the administrative law judge prepares a decision stating findings of fact and conclusions, as well as the reasons for the determinations on all material issues, and making recommendations as to action which should be taken in the case. The administrative law judge may recommend dismissal or sustain the complaint, in whole or in part, and recommend that the respondent cease and desist from the unlawful acts found and take action to remedy their effects. (b) The administrative law judge's decision is filed with the Board in Washington, DC, and copies are simultaneously served on each of the parties. At the same time the Board, through its Executive Secretary, issues and serves on each of the parties an order transferring the case to the Board. The parties may accept and comply with the administrative law judge's recommended order, which, in the absence of exceptions, shall become the order of the Board. Or, the parties or counsel for the Board may file exceptions to the administrative law judge's decision with the Board. Whenever any party files exceptions, any other party may file an answering brief limited to questions raised in the exceptions and/or may file cross-exceptions relating to any portion of the administrative law judge's decision. Cross-exceptions may be filed only by a party who has not previously filed exceptions. Whenever any party files cross-exceptions, any other party may file an answering brief to the cross-exceptions. The parties may request permission to appear and argue orally before the Board in Washington, DC. They may also submit proposed findings and conclusions to the Board. | |||||
| 29:29:2.1.1.1.2.2.1.11 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | B | Subpart B—Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases | § 101.12 Board decision and order. | OWCP | (a) If any party files exceptions to the administrative law judge's decision, the Board, with the assistance of the staff counsel to each Board Member who function in much the same manner as law clerks do for judges, reviews the entire record, including the administrative law judge's decision and recommendations, the exceptions thereto, the complete transcript of evidence, and the exhibits, briefs, and arguments. The Board does not consult with members of the administrative law judge's staff of the division of judges or with any agent of the General Counsel in its deliberations. It then issues its decision and order in which it may adopt, modify, or reject the findings and recommendations of the administrative law judge. The decision and order contains detailed findings of fact, conclusions of law, and basic reasons for decision on all material issues raised, and an order either dismissing the complaint in whole or in part or requiring the respondent to cease and desist from its unlawful practices and to take appropriate affirmative action. (b) If no exceptions are filed, the administrative law judge's decision and recommended order automatically become the decision and order of the Board pursuant to section 10(c) of the Act. All objections and exceptions, whether or not previously made during or after the hearing, are deemed waived for all purposes. | |||||
| 29:29:2.1.1.1.2.2.1.12 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | B | Subpart B—Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases | § 101.13 Compliance with Board decision and order. | OWCP | (a) Shortly after the Board's decision and order is issued the Director of the Regional Office in which the charge was filed communicates with the respondent for the purpose of obtaining compliance. Conferences may be held to arrange the details necessary for compliance with the terms of the order. (b) If the respondent effects full compliance with the terms of the order, the Regional Director submits a report to that effect to Washington, DC, after which the case may be closed. Despite compliance, however, the Board's order is a continuing one; therefore, the closing of a case on compliance is necessarily conditioned upon the continued observance of that order; and in some cases it is deemed desirable, notwithstanding compliance, to implement the order with an enforcing court judgment. Subsequent violations of the order may become the basis of further proceedings. | |||||
| 29:29:2.1.1.1.2.2.1.13 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | B | Subpart B—Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases | § 101.14 Judicial review of Board decision and order. | OWCP | [53 FR 24440, June 29, 1988] | If the respondent does not comply with the Board's order, or the Board deems it desirable to implement the order with a court judgment, the Board may petition the appropriate Federal court for enforcement. Or, the respondent or any person aggrieved by a final order of the Board may petition the circuit court of appeals to review and set aside the Board's order. If a petition for review is filed, the respondent or aggrieved person must ensure that the Board receives, by service upon its Deputy Associate General Counsel of the Appellate Court Branch, a court-stamped copy of the petition with the date of filing. Upon such review or enforcement proceedings, the court reviews the record and the Board's findings and order and sustains them if they are in accordance with the requirements of law. The court may enforce, modify, or set aside in whole or in part the Board's findings and order, or it may remand the case to the Board for further proceedings as directed by the court. Following the court's judgment, either the Government or the private party may petition the Supreme Court for review upon writ of certiorari. Such applications for review to the Supreme Court are handled by the Board through the Solicitor General of the United States. | ||||
| 29:29:2.1.1.1.2.2.1.14 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | B | Subpart B—Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases | § 101.15 Compliance with court judgment. | OWCP | After a Board order has been enforced by a court judgment, the Board has the responsibility of obtaining compliance with that judgment. Investigation is made by the Regional Office of the respondent's efforts to comply. If it finds that the respondent has failed to live up to the terms of the court's judgment, the General Counsel may, on behalf of the Board, petition the court to hold the respondent in contempt of court. The court may order immediate remedial action and impose sanctions and penalties. | |||||
| 29:29:2.1.1.1.2.2.1.15 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | B | Subpart B—Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases | § 101.16 Backpay proceedings. | OWCP | (a) After a Board order directing the payment of backpay has been issued or after enforcement of such order by a court judgment, if informal efforts to dispose of the matter prove unsuccessful, the Regional Director then has discretion to issue a “backpay specification” in the name of the Board and a notice of hearing before an administrative law judge, both of which are served on the parties involved. The specification sets forth computations showing gross and net backpay due and any other pertinent information. The respondent must file an answer within 21 days of the receipt of the specification, setting forth a particularized statement of its defense. (b) In the alternative, the Regional Director, under the circumstances specified above, may issue and serve on the parties a notice of hearing only, without a specification. Such notice contains, in addition to the time and place of hearing before an administrative law judge, a brief statement of the matters in controversy. (c) The procedure before the administrative law judge or the Board, whether initiated by the “backpay specification” or by notice of hearing without backpay specification, is substantially the same as that described in §§ 101.10 to 101.14, inclusive. | |||||
| 29:29:2.1.1.1.2.2.1.2 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | B | Subpart B—Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases | § 101.3 [Reserved] | OWCP | ||||||
| 29:29:2.1.1.1.2.2.1.3 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | B | Subpart B—Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases | § 101.4 Investigation of charges. | OWCP | When the charge is received in the Regional Office it is filed, docketed, and assigned a case number. The Regional Director may cause a copy of the charge to be served on the person against whom the charge is made, but timely service of a copy of the charge within the meaning of the proviso to section 10(b) of the Act is the exclusive responsibility of the charging party and not of the Regional Director. The Regional Director requests the person filing the charge to submit promptly evidence in its support. As part of the investigation hereinafter mentioned, the person against whom the charge is filed, hereinafter called the respondent, is asked to submit a statement of position in respect to the allegations. The case is assigned for investigation to a member of the field staff, who interviews representatives of the parties and other persons who have knowledge as to the charge, as is deemed necessary. In the investigation and in all other stages of the proceedings, charges alleging violations of section 8(b)(4) (A), (B), and (C), charges alleging violations of section 8(b)(4)(D) in which it is deemed appropriate to seek injunctive relief under section 10(1) of the Act, and charges alleging violations of section 8(b)(7) or 8(e) are given priority over all other cases in the office in which they are pending except cases of like character; and charges alleging violations of sections 8(a)(3) or 8(b)(2) are given priority over all other cases except cases of like character and cases under section 10(1) of the Act. The Regional Director may exercise discretion to dispense with any portion of the investigation described in this section as appears necessary in consideration of such factors as the amount of time necessary to complete a full investigation, the nature of the proceeding, and the public interest. After investigation, the case may be disposed of through informal methods such as withdrawal, dismissal, or settlement; or the case may necessitate formal methods of disposition. Some of the informal methods of handli… | |||||
| 29:29:2.1.1.1.2.2.1.4 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | B | Subpart B—Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases | § 101.5 Withdrawal of charges. | OWCP | If investigation reveals that there has been no violation of the National Labor Relations Act or the evidence is insufficient to substantiate the charge, the Regional Director recommends withdrawal of the charge by the person who filed. Withdrawal may also be requested on the initiative of the complainant. If the complainant accepts the recommendation of the Regional Director or requests withdrawal, the respondent is immediately notified of the withdrawal of the charge. | |||||
| 29:29:2.1.1.1.2.2.1.5 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | B | Subpart B—Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases | § 101.6 Dismissal of charges and appeals to the General Counsel. | OWCP | If the complainant refuses to withdraw the charge as recommended, the Regional Director dismisses the charge. The Regional Director thereupon informs the parties of this section, together with a simple statement of the grounds therefor, and the complainant's right of appeal to the General Counsel in Washington, DC, within 14 days. If the complainant appeals to the General Counsel, the entire file in the case is sent to Washington, DC, where the case is fully reviewed by the General Counsel with staff assistance. Oral presentation of the appeal issues may be permitted a party on timely written request, in which event the other parties are notified and afforded a like opportunity at another appropriate time. Following such review, the General Counsel may sustain the Regional Director's dismissal, stating the grounds of affirmance, or may direct the Regional Director to take further action. | |||||
| 29:29:2.1.1.1.2.2.1.6 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | B | Subpart B—Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases | § 101.7 Settlements. | OWCP | Before any complaint is issued or other formal action taken, the Regional Director affords an opportunity to all parties for the submission and consideration of facts, argument, offers of settlement, or proposals of adjustment, except where time, the nature of the proceeding, and the public interest do not permit. Normally prehearing conferences are held, the principal purpose of which is to discuss and explore such submissions and proposals of adjustment. The Regional Office provides Board-prepared forms for such settlment agreements, as well as printed notices for posting by the respondent. These agreements, which are subject to the approval of the Regional Director, provide for an appeal to the General Counsel, as described in § 101.6, by a complainant who will not join in a settlement or adjustment deemed adequate by the Regional Director. Proof of compliance is obtained by the Regional Director before the case is closed. If the respondent fails to perform the obligations under the informal agreement, the Regional Director may determine to institute formal proceedings. | |||||
| 29:29:2.1.1.1.2.2.1.7 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | B | Subpart B—Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases | § 101.8 Complaints. | OWCP | If the charge appears to have merit and efforts to dispose of it by informal adjustment are unsuccessful, the Regional Director institutes formal action by issuance of a complaint and notice of hearing. In certain types of cases, involving novel and complex issues, the Regional Director, at the discretion of the General Counsel, must submit the case for advice from the General Counsel before issuing a complaint. The complaint, which is served on all parties, sets forth the facts upon which the Board bases its jurisidiction and the facts relating to the alleged violations of law by the respondent. The respondent must file an answer to the complaint within 14 days of its receipt, setting forth a statement of its defense. | |||||
| 29:29:2.1.1.1.2.2.1.8 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | B | Subpart B—Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases | § 101.9 Settlement after issuance of complaint. | OWCP | (a) Even though formal proceedings have begun, the parties again have full opportunity at every stage to dispose of the case by amicable adjustment and in compliance with the law. Thus, after the complaint has been issued and a hearing scheduled or commenced, the attorney in charge of the case and the Regional Director afford all parties every opportunity for the submission and consideration of facts, argument, offers of settlement, or proposals of adjustment, except where time, the nature of the proceeding, and the public interest do not permit. (b)(1) After the issuance of a complaint, the Agency favors a formal settlement agreement, which is subject to the approval of the Board in Washington, DC. In such an agreement, the parties agree to waive their right to hearing and agree further that the Board may issue an order requiring the respondent to take action appropriate to the terms of the settlement. Ordinarily the formal settlement agreement also contains the respondent's consent to the Board's application for the entry of a judgment by the appropriate circuit court of appeals enforcing the Board's order. (2) In some cases, however, the Regional Director, who has authority to withdraw the complaint before the hearing (§ 102.18), may conclude that an informal settlement agreement of the type described in § 101.7 is appropriate. Such agreement is not subject to approval by the Board and does not provide for a Board order. It provides for the withdrawal of the complaint. (c)(1) If after issuance of a complaint but before opening of the hearing, the charging party will not join in a settlement tentatively agreed upon by the Regional Director, the respondent, and any other parties whose consent may be required, the Regional Director serves a copy of the proposed settlement agreement on the charging party with a brief written statement of the reasons for proposing its approval. Within 7 days after service of these documents, the charging party may file with the Regional Director a written statement of any object… | |||||
| 29:29:2.1.1.1.2.2.1.9 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | B | Subpart B—Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases | § 101.10 Hearings. | OWCP | (a) Except in extraordinary situations the hearing is open to the public and usually conducted in the Region where the charge originated. A duly designated administrative law judge presides over the hearing. The Government's case is conducted by an attorney attached to the Board's Regional Office, who has the responsibility of presenting the evidence in support of the complaint. The rules of evidence applicable in the district courts of the United States under the Rules of Civil Procedure adopted by the Supreme Court are, so far as practicable, controlling. Counsel for the General Counsel, all parties to the proceeding, and the administrative law judge have the power to call, examine, and cross-examine witnesses and to introduce evidence into the record. They may also submit briefs, engage in oral argument, and submit proposed findings and conclusions to the administrative law judge. The attendance and testimony of witnesses and the production of evidence material to any matter under investigation may be compelled by subpoena. (b) The functions of all administrative law judges and other Board agents or employees participating in decisions in conformity with section 8 of the Administrative Procedure Act (5 U.S.C. 557) are conducted in an impartial manner and any such administrative law judge, agent, or employee may at any time withdraw if he or she deems himself or herself disqualified because of bias or prejudice. The Board's attorney has the burden of proof of violations of section 8 of the National Labor Relations Act and section 222(f) of the Telegraph Merger Act. In connection with hearings subject to the provisions of section 7 of the Administrative Procedure Act (5 U.S.C. 556): (1) No sanction is imposed or rule or order issued except upon consideration of the whole record or such portions thereof as may be cited by any party and as supported by and in accordance with the preponderance of the reliable, probative, and substantial evidence. (2) Every party has the right to present its case or defense by or… | |||||
| 29:29:2.1.1.1.2.4.1.1 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | D | Subpart D—Unfair Labor Practice and Representation Cases Under Sections 8(b)(7) and 9(c) of the Act | § 101.22 Initiation and investigation of a case under section 8(b)(7). | OWCP | (a) The investigation of an alleged violation of section 8(b)(7) of the Act is initiated by the filing of a charge. The manner of filing such charge and the contents thereof are the same as described in § 101.2. In some cases, at the time of the investigation of the charge, there may be pending a representation petition involving the employees of the employer named in the charge. In those cases, the results of the investigation of the charge will determine the cause of the petition. (b) The investigation of the charge is conducted in accordance with the provisions of § 101.4, insofar as they are applicable. If the investigation reveals that there is merit in the charge, a complaint is issued as described in § 101.8, and an application is made for an injunction under section 10(1) of the Act, as described in § 101.37. If the investigation reveals that there is no merit in the charge, the Regional Director, absent a withdrawal of the charge, dismisses it, subject to appeal to the General Counsel. However, if the investigation reveals that issuance of a complaint may be warranted but for the pendency of a representation petition involving the employees of the employer named in the charge, action on the charge is suspended pending the investigation of the petition as provided in § 101.23. | |||||
| 29:29:2.1.1.1.2.4.1.2 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | D | Subpart D—Unfair Labor Practice and Representation Cases Under Sections 8(b)(7) and 9(c) of the Act | § 101.23 Initiation and investigation of a petition in connection with a case under section 8(b)(7). | OWCP | [79 FR 74476, Dec. 15, 2014] | (a) A representation petition 1 involving the employees of the employer named in the charge is handled under an expedited procedure when the investigation of the charge has revealed that: 1 The manner of filing of such petition and the contents thereof are the same as described in 29 CFR 102.60 and 102.61 and the statement of the general course of proceedings under Section 9(c) of the Act published in the Federal Register, insofar as they are applicable, except that the petitioner is not required to allege that a claim was made on the employer for recognition or that the union represents a substantial number of employees. (1) The employer's operations affect commerce within the meaning of the Act; (2) Picketing of the employer is being conducted for an object proscribed by section 8(b)(7) of the Act; (3) Subparagraph (C) of that section of the Act is applicable to the picketing; and (4) The petition has been filed within a reasonable period of time not to exceed 30 days from the commencement of the picketing. In these circumstances, the member of the regional director's staff to whom the matter has been assigned investigates the petition to ascertain further: the unit appropriate for collective bargaining; and whether an election in that unit would effectuate the policies of the Act. (b) If, based on such investigation, the regional director determines that an election is warranted, the director may, without a prior hearing, direct that an election be held in an appropriate unit of employees. Any party aggrieved may file a request with the Board for special permission to appeal that action to the Board, but such review, if granted, will not, unless otherwise ordered by the Board, stay the proceeding. If it is determined that an election is not warranted, the director dismisses the petition or makes other disposition of the matter. Should the regional director conclude that an election is warranted, the director fixes the basis of eligibility of voters and the place, date, and hours of balloting. Th… | ||||
| 29:29:2.1.1.1.2.4.1.3 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | D | Subpart D—Unfair Labor Practice and Representation Cases Under Sections 8(b)(7) and 9(c) of the Act | § 101.24 Final disposition of a charge which has been held pending investigation of the petition. | OWCP | (a) Upon the determination that the issuance of a direction of election is warranted on the petition, the Regional Director, absent withdrawal of the charge, dismisses it subject to an appeal to the General Counsel in Washington, DC. (b) If, however, the petition is dismissed or withdrawn, the investigation of the charge is resumed, and the appropriate steps described in § 101.22 are taken with respect to it. | |||||
| 29:29:2.1.1.1.2.4.1.4 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | D | Subpart D—Unfair Labor Practice and Representation Cases Under Sections 8(b)(7) and 9(c) of the Act | § 101.25 Appeal from the dismissal of a petition, or from the refusal to process it under the expedited procedure. | OWCP | [79 FR 74476, Dec. 15, 2014] | If it is determined after investigation of the representation petition that further proceedings based thereon are not warranted, the regional director, absent withdrawal of the petition, dismisses it, stating the grounds therefor. If it is determined that the petition does not meet the requirements for processing under the expedited procedure, the regional director advises the petitioner of the determination to process the petition under the procedures described in subpart C of 29 CFR part 102 and the statement of the general course. In either event, the regional director informs all the parties of such action, and such action is final, although the Board may grant an aggrieved party permission to appeal from the regional director's action. Such party must request such review promptly, in writing, and state briefly the grounds relied on. Such party must also immediately serve a copy on the other parties, including the regional director. Neither the request for review by the Board, nor the Board's grant of such review, operates as a stay of the action taken by the regional director, unless specifically so ordered by the Board. | ||||
| 29:29:2.1.1.1.2.5.1.1 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | E | Subpart E—Referendum Cases Under Section 9(e) (1) and (2) of the Act | § 101.26 Initiation of rescission of authority cases. | OWCP | [79 FR 74476, Dec. 15, 2014] | The investigation of the question as to whether the authority of a labor organization to make an agreement requiring membership in a labor organization as a condition of employment is to be rescinded is initiated by the filing of a petition by an employee or group of employees on behalf of 30 percent or more of the employees in a bargaining unit covered by an agreement between their employer and a labor organization requiring membership in such labor organization. The petition must be in writing and signed, and either must be notarized or must contain a declaration by the person signing it, under the penalties of the Criminal Code, that its contents are true and correct to the best of his knowledge and belief. It is filed with the regional director for the Region in which the alleged appropriate bargaining unit exists or, if the bargaining unit exists in two or more Regions, with the regional director for any of such Regions. The blank form, which is supplied by the Regional Office upon request or is available online, provides, among other things, for a description of the bargaining unit covered by the agreement, the approximate number of employees involved, the names of any other labor organizations which claim to represent the employees, the petitioner's position on the type, date(s), time(s), and location(s) of the election sought, and the name of, and contact information for, the individual who will serve as the petitioner's representative. The petition may be filed by facsimile or electronically. The petitioner must supply with the petition evidence of authorization from the employees. | ||||
| 29:29:2.1.1.1.2.5.1.2 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | E | Subpart E—Referendum Cases Under Section 9(e) (1) and (2) of the Act | § 101.27 Investigation of petition; withdrawals and dismissals. | OWCP | (a) Upon receipt of the petition in the Regional Office, it is filed, docketed, and assigned to a member of the staff, usually a field examiner, for investigation. The field examiner conducts an investigation to ascertain: (1) Whether the employer's operations affect commerce within the meaning of the Act, (2) Whether there is in effect an agreement requiring as a condition of employment membership in a labor organization, (3) Whether the petitioner has been authorized by at least 30 percent of the employees to file such a petition, and (4) Whether an election would effectuate the policies of the Act by providing for a free expression of choice by the employees. The evidence of designation submitted by the petitioner, usually in the form of cards signed by individual employees authorizing the filing of such a petition, is checked to determine the proportion of employees who desire rescission. (b) The petitioner may on its own initiative request the withdrawal of the petition if the investigation discloses that an election is inappropriate, because, among other possible reasons, the petitioner's card-showing is insufficient to meet the 30-percent statutory requirement referred to in subsection (a) of this section. (c) For the same or similar reasons the Regional Director may request the petitioner to withdraw its petition. If the petitioner, despite the Regional Director's recommendation, refuses to withdraw the petition, the Regional Director then dismisses the petition, stating the grounds for his dismissal and informing the petitioner of the right of appeal to the Board in Washington, DC. The petitioner may within 14 days appeal from the Regional Director's dismissal by filing such request with the Board in Washington, DC. The request shall contain a complete statement setting forth the facts and reasons upon which the request is made. After a full review of the file with the assistance of its staff, the Board may sustain the dismissal, stating the grounds for its affirmance, or may direct the Regional D… | |||||
| 29:29:2.1.1.1.2.5.1.3 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | E | Subpart E—Referendum Cases Under Section 9(e) (1) and (2) of the Act | § 101.28 Consent agreements providing for election. | OWCP | [79 FR 74477, Dec. 15, 2014] | (a) The Board makes available to the parties three types of informal consent procedures through which authorization issues can be resolved without resort to formal procedures. These informal agreements are the consent election agreement with final regional director determinations of post-election disputes, the stipulated election agreement with discretionary Board review, and the full consent election agreement with final regional director determinations of pre- and post-election disputes. Forms for use in these informal procedures are available in the Regional Offices. (b) The procedures to be used in connection with a consent-election agreement with final regional director determinations of post-election disputes, a stipulated election agreement with discretionary Board review, and a full consent-election agreement with final regional director determinations of pre- and post-election disputes are the same as those described in subpart C of 29 CFR part 102 and the statement of the general course in connection with similar agreements in representation cases under Section 9(c) of the Act, except that no provision is made for runoff elections. | ||||
| 29:29:2.1.1.1.2.5.1.4 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | E | Subpart E—Referendum Cases Under Section 9(e) (1) and (2) of the Act | § 101.29 Procedure respecting election conducted without hearing. | OWCP | [79 FR 74477, Dec. 15, 2014] | If the regional director determines that the case is an appropriate one for election without formal hearing, an election is conducted as quickly as possible among the employees and upon the conclusion of the election the regional director makes available to the parties a tally of ballots. The parties, however, have an opportunity to make appropriate challenges and objections to the conduct of the election and they have the same rights, and the same procedure is followed, with respect to objections to the conduct of the election and challenged ballots, as is described in subpart C of 29 CFR part 102 and the statement of the general course in connection with the postelection procedures in representation cases under Section 9(c) of the Act, except that no provision is made for a runoff election. If no such objections are filed within 7 days and if the challenged ballots are insufficient in number to affect the results of the election, the regional director issues to the parties a certification of the results of the election, with the same force and effect as if issued by the Board. | ||||
| 29:29:2.1.1.1.2.5.1.5 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | E | Subpart E—Referendum Cases Under Section 9(e) (1) and (2) of the Act | § 101.30 Formal hearing and procedure respecting election conducted after hearing. | OWCP | [79 FR 74477, Dec. 15, 2014] | (a) The procedures are the same as those described in subpart C of 29 CFR part 102 and the statement of the general course respecting representation cases arising under Section 9(c) of the Act insofar as applicable. If the preliminary investigation indicates that there are substantial issues which require determination before an appropriate election may be held, the regional director will institute formal proceedings by issuance of a notice of hearing on the issues which, after hearing, is followed by regional director decision and direction of election or dismissal. The notice of hearing together with a copy of the petition is served on the petitioner, the employer, and any other known persons or labor organizations claiming to have been designated by employees involved in the proceeding. (b) The hearing, usually open to the public, is held before a hearing officer who normally is an attorney or field examiner attached to the Regional Office but may be another qualified Agency official. The hearing, which is nonadversary in character, is part of the investigation in which the primary interest of the Board's agents is to insure that the record contains as full a statement of the pertinent facts as may be necessary for determination of the case. The parties are afforded full opportunity to present their respective positions and to produce the significant facts in support of their contentions that are relevant to the issue of whether the Board should conduct an election to determine whether the employees in a bargaining unit covered by an agreement between their employer and a labor organization made pursuant to section 8(a)(3) of the Act, desire that such authority be rescinded. In most cases a substantial number of the relevant facts are undisputed and stipulated. The parties are permitted to argue orally on the record before the hearing officer. (c) Upon the close of the hearing, the entire record in the case is then forwarded to the regional director, together with an informal analysis by the hearing officer … | ||||
| 29:29:2.1.1.1.2.6.1.1 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | F | Subpart F—Jurisdictional Dispute Cases Under Section 10(k) of the Act | § 101.31 Initiation of proceedings to hear and determine jurisdictional disputes under section 10(k). | OWCP | The investigation of a jurisdictional dispute under section 10(k) is initiated by the filing of a charge, as described in § 101.2, by any person alleging a violation of paragraph (4)(D) of section 8(b). As soon as possible after a charge has been filed, the Regional Director serves on the parties a copy of the charge together with a notice of the filing of such charge. | |||||
| 29:29:2.1.1.1.2.6.1.2 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | F | Subpart F—Jurisdictional Dispute Cases Under Section 10(k) of the Act | § 101.32 Investigation of charges; withdrawal of charges; dismissal of charges and appeals to Board. | OWCP | These matters are handled as described in §§ 101.4 to 101.7, inclusive. Cases involving violation of paragraph (4)(D) of section 8(b) in which it is deemed appropriate to seek injunctive relief of a district court pursuant to section 10(1) of the Act are given priority over all other cases in the office except other cases under section 10(1) of the Act and cases of like character. | |||||
| 29:29:2.1.1.1.2.6.1.3 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | F | Subpart F—Jurisdictional Dispute Cases Under Section 10(k) of the Act | § 101.33 Initiation of formal action; settlement. | OWCP | If, after investigation, it appears that the Board should determine the dispute under section 10(k) of the Act, the Regional Director issues a notice of hearing which includes a simple statement of issues involved in the jurisdictional dispute and which is served on all parties to the dispute out of which the unfair labor practice is alleged to have arisen. The hearing is scheduled for not less than 10 days after service of the notice of the filing of the charge, except that in cases involving the national defense, agreement will be sought for scheduling of hearing on less notice. If the parties present to the Regional Director satisfactory evidence that they have adjusted the dispute, the Regional Director withdraws the notice of hearing and either permits the withdrawal of the charge or dismisses the charge. If the parties submit to the Regional Director satisfactory evidence that they have agreed upon methods for the voluntary adjustment of the dispute, the Regional Director shall defer action upon the charge and shall withdraw the notice of hearing if issued. The parties may agree on an arbitrator, a proceeding under section 9(c) of the Act, or any other satisfactory method to resolve the dispute. If the agreed-upon method for voluntary adjustment results in a determination that employees represented by a charged union are entitled to perform the work in dispute, the Regional Director dismisses the charge against that union irrespective of whether the employer complies with that determination. | |||||
| 29:29:2.1.1.1.2.6.1.4 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | F | Subpart F—Jurisdictional Dispute Cases Under Section 10(k) of the Act | § 101.34 Hearing. | OWCP | If the parties have not adjusted the dispute or agreed upon methods of voluntary adjustment, a hearing, usually open to the public, is held before a hearing officer. The hearing is nonadversary in character, and the primary interest of the hearing officer is to insure that the record contains as full a statement of the pertinent facts as may be necessary for a determination of the issues by the Board. All parties are afforded full opportunity to present their respective positions and to produce evidence in support of their contentions. The parties are permitted to argue orally on the record before the hearing officer. At the close of the hearing, the case is transmitted to the Board for decision. The hearing officer prepares an analysis of the issues and the evidence, but makes no recommendations in regard to resolution of the dispute. | |||||
| 29:29:2.1.1.1.2.6.1.5 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | F | Subpart F—Jurisdictional Dispute Cases Under Section 10(k) of the Act | § 101.35 Procedure before the Board. | OWCP | The parties have 7 days after the close of the hearing, subject to any extension that may have been granted, to file briefs with the Board and to request oral argument which the Board may or may not grant. However, in cases involving the national defense and so designated in the notice of hearing, the parties may not file briefs but after the close of the evidence may argue orally upon the record their respective contentions and positions, except that for good cause shown in an application expeditiously made to the Board in Washington, DC, after the close of the hearing, the Board may grant leave to file briefs in such time as it shall specify. The Board then considers the evidence taken at the hearing and the hearing officer's analysis together with any briefs that may be filed and the oral argument, if any, and issues its determination or makes other disposition of the matter. | |||||
| 29:29:2.1.1.1.2.6.1.6 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | F | Subpart F—Jurisdictional Dispute Cases Under Section 10(k) of the Act | § 101.36 Compliance with determination; further proceedings. | OWCP | After the issuance of determination by the Board, the Regional Director in the Region in which the proceeding arose communicates with the parties for the purpose of ascertaining their intentions in regard to compliance. Conferences may be held for the purpose of working out details. If satisfied that the parties are complying with the determination, the Regional Director dismisses the charge. If not satisfied that the parties are complying, the Regional Director issues a complaint and notice of hearing, charging violation of section 8(b)(4)(D) of the Act, and the proceeding follows the procedure outlined in §§ 101.8 to 101.15, inclusive. However, if the Board determines that employees represented by a charged union are entitled to perform the work in dispute, the Regional Director dismisses the charge against that union irrespective of whether the employer complies with the determination. | |||||
| 29:29:2.1.1.1.2.7.1.1 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | G | Subpart G—Procedure Under Section 10 (j) and (l) of the Act | § 101.37 Application for temporary relief or restraining orders. | OWCP | Whenever it is deemed advisable to seek temporary injunctive relief under section 10(j) or whenever it is determined that a complaint should issue alleging violation of section 8(b)(4) (A), (B), or (C), or section 8(e), or section 8(b)(7), or whenever it is appropriate to seek temporary injunctive relief for a violation of section 8(b)(4)(D), the officer or regional attorney to whom the matter has been referred will make application for appropriate temporary relief or restraining order in the district court of the United States within which the unfair labor practice is alleged to have occurred or within which the party sought to be enjoined resides or transacts business, except that such officer or regional attorney will not apply for injunctive relief under section 10(l) with respect to an alleged violation of section 8(b)(7) if a charge under section 8(a)(2) has been filed and, after preliminary investigation, there is reasonable cause to believe that such charge is true and a complaint should issue. | |||||
| 29:29:2.1.1.1.2.7.1.2 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | G | Subpart G—Procedure Under Section 10 (j) and (l) of the Act | § 101.38 Change of circumstances. | OWCP | Whenever a temporary injunction has been obtained pursuant to section 10(j) and thereafter the administrative law judge hearing the complaint, upon which the determination to seek such injunction was predicated, recommends dismissal of such complaint, in whole or in part, the officer or regional attorney handling the case for the Board suggests to the district court which issued the temporary injunction the possible change in circumstances arising out of the findings and recommendations of the administrative law judge. | |||||
| 29:29:2.1.1.1.2.8.1.1 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | H | Subpart H—Advisory Opinions and Declaratory Orders Regarding Board Jurisdiction | § 101.39 Initiation of advisory opinion case. | OWCP | [61 FR 65182, Dec. 11, 1996; 62 FR 52381, Oct. 7, 1997] | (a) The question of whether the Board will assert jurisdiction over a labor dispute which is the subject of a proceeding in an agency or court of a State or territory is initiated by the filing of a petition with the Board. This petition may be filed only if: (1) A proceeding is currently pending before such agency or court; (2) The petitioner is the agency or court itself; and (3) The relevant facts are undisputed or the agency or court has already made the relevant factual findings. (b) The petition must be in writing and signed. It is filed with the Executive Secretary of the Board in Washington, DC. No particular form is required, but the petition must be properly captioned and must contain the allegations required by section 102.99 of the Board's Rules and Regulations. None of the information sought may relate to the merits of the dispute. The petition may be withdrawn at any time before the Board issues its advisory opinion determining whether it would or would not assert jurisdiction on the basis of the facts before it. | ||||
| 29:29:2.1.1.1.2.8.1.2 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | H | Subpart H—Advisory Opinions and Declaratory Orders Regarding Board Jurisdiction | § 101.40 Proceedings following the filing of the petition. | OWCP | (a) A copy of the petition is served on all other parties and the appropriate Regional Director by the petitioner. (b) Interested persons may request intervention by a written motion to the Board. Such intervention may be granted at the discretion of the Board. (c) Parties other than the petitioner may reply to the petition in writing, admitting or denying any or all of the matters asserted therein. (d) No briefs shall be filed except upon special permission of the Board. (e) After review of the entire record, the Board issues an advisory opinion as to whether the facts presented would or would not cause it to assert jurisdiction over the case if the case had been originally filed before it. The Board will limit its advisory opinion to the jurisdictional issue confronting it, and will not presume to render an opinion on the merits of the case or on the question of whether the subject matter of the dispute is governed by the Labor Management Relations Act. | |||||
| 29:29:2.1.1.1.2.8.1.3 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | H | Subpart H—Advisory Opinions and Declaratory Orders Regarding Board Jurisdiction | § 101.41 Informal procedures for obtaining opinions on jurisdictional questions. | OWCP | Although a formal petition is necessary to obtain an advisory opinion from the Board, other avenues are available to persons seeking informal and, in most cases, speedy opinions on jurisdictional issues. In discussion of jurisdictional questions informally with Regional Office personnel, information and advice concerning the Board's jurisdictional standards may be obtained. Such practices are not intended to be discouraged by the rules providing for formal advisory opinions by the Board, although the opinions expressed by such personnel are not to be regarded as binding upon the Board or the General Counsel. | |||||
| 29:29:2.1.1.1.2.8.1.4 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | H | Subpart H—Advisory Opinions and Declaratory Orders Regarding Board Jurisdiction | § 101.42 Procedures for obtaining declaratory orders of the Board. | OWCP | (a) When both an unfair labor practice charge and a representation petition are pending concurrently in a Regional Office, appeals from a Regional Director's dismissals thereof do not follow the same course. Appeal from the dismissal of a charge must be made to the General Counsel, while appeal from dismissal of a representation petition may be made to the Board. To obtain uniformity in disposing of such cases on jurisdictional grounds at the same stage of each proceeding, the General Counsel may file a petition for a declaratory order of the Board. Such order is intended only to remove uncertainty with respect to the question of whether the Board would assert jurisdiction over the labor dispute. (b) A petition to obtain a declaratory Board order may be filed only by the General Counsel. It must be in writing and signed. It is filed with the Executive Secretary of the Board in Washington, DC. No particular form is required, but the petition must be properly captioned and must contain the allegations required by § 102.106 of the Board's Rules and Regulations. None of the information sought relates to the merits of the dispute. The petition may be withdrawn any time before the Board issues its declaratory order deciding whether it would or would not assert jurisdiction over the cases. | |||||
| 29:29:2.1.1.1.2.8.1.5 | 29 | Labor | I | 101 | PART 101—STATEMENTS OF PROCEDURES | H | Subpart H—Advisory Opinions and Declaratory Orders Regarding Board Jurisdiction | § 101.43 Proceedings following the filing of the petition. | OWCP | (a) A copy of the petition is served on all other parties. (b) Interested persons may request intervention by a written motion to the Board. Such intervention may be granted at the discretion of the Board. (c) All other parties may reply to the petition in writing. (d) Briefs may be filed. (e) After review of the record, the Board issues a declaratory order as to whether it will assert jurisdiction over the cases, but it will not render a decision on the merits at this stage of the cases. (f) The declaratory Board order will be binding on the parties in both cases. | |||||
| 29:29:2.1.1.1.3.1.1.1 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | A | Subpart A—Definitions | § 102.1 Terms defined in Section 2 of the Act. | OWCP | [82 FR 11751, Feb. 24, 2017, as amended at 84 FR 69588, Dec. 18, 2019] | (a) Definition of terms. The terms person, employer, employee, representative, labor organization, commerce, affecting commerce, and unfair labor practice as used herein 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. (b) Act, Board, and Board agent. The term Act means the National Labor Relations Act, as amended. The term Board means the National Labor Relations Board and must include any group of three or more Members designated pursuant to Section 3(b) of the Act. The term Board agent means any Member, agent, or agency of the Board, including its General Counsel. (c) General Counsel. The term General Counsel means the General Counsel under Section 3(d) of the Act. (d) Region and Subregion. The term Region means that part of the United States or any territory thereof fixed by the Board as a particular Region. The term Subregion means that area within a Region fixed by the Board as a particular Subregion. (e) Regional Director, Officer-in-Charge, and Regional Attorney. The term Regional Director means the agent designated by the Board as the Regional Director for a particular Region, and also includes any agent designated by the Board as Officer-in-Charge of a Subregional office, but the Officer-in-Charge must have only such powers, duties, and functions appertaining to Regional Directors as have been duly delegated to such Officer-in-Charge. The term Regional Attorney means the attorney designated as Regional Attorney for a particular Region. (f) Administrative Law Judge and Hearing Officer. The term Administrative Law Judge means the agent of the Board conducting the hearing in an unfair labor practice proceeding. The term Hearing Officer means the agent of the Board conducting the hearing in a proceeding under Section 9 or in a dispute proceeding under Section 10(k) of the Act. (g) State. The term State includes the District of Columbia and all States, territories, an… | ||||
| 29:29:2.1.1.1.3.10.1.1 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | J | Subpart J—Certification and Signature of Documents | § 102.115 Certification of Board papers and documents. | OWCP | The Executive Secretary of the Board, or, in the event of the Executive Secretary's absence or disability, whomever may be designated by the Board in the Executive Secretary's place, will certify copies of all papers and documents which are a part of any of the files or records of the Board as necessary or desirable from time to time. | |||||
| 29:29:2.1.1.1.3.10.1.2 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | J | Subpart J—Certification and Signature of Documents | § 102.116 Signature on Board orders. | OWCP | The Executive Secretary, Deputy Executive Secretary, or an Associate Executive Secretary, or, in the event of their absence or disability, whomever may be designated by the Board in their place, is hereby authorized to sign all orders of the Board. | |||||
| 29:29:2.1.1.1.3.11.1.1 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | K | 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. | OWCP | (a)(1) Introduction. This subpart contains the Rules that the National Labor Relations Board (Agency) follows in processing requests for records under the Freedom of Information Act (FOIA), 5 U.S.C. 552. The Rules in this subpart may be read in conjunction with the text of the FOIA and the Uniform Freedom of Information Fee Schedule and Guidelines published by the Office of Management and Budget (OMB Guidelines). Some records will be made available on the Agency's Web site at www.nlrb.gov to facilitate public access. Requests made by individuals for records about themselves under the Privacy Act of 1974, 5 U.S.C. 552(a), are processed under § 102.119. (2) FOIA Officials. The following are designated as the Agency's FOIA officials with responsibilities for complying with the FOIA: (i) FOIA Officer. The Assistant General Counsel for the FOIA Branch is the Agency's designated FOIA Officer. (ii) Chief FOIA Officer. The Associate General Counsel for the Division of Legal Counsel is the Agency's designated Chief FOIA Officer. (iii) FOIA Public Liaison. The official(s) designated by the Chief FOIA Officer is the Agency's FOIA Public Liaison, with overall responsibilities for assisting in reducing delays, increasing transparency, understanding the status of requests, and assisting in the resolution of disputes. The designated FOIA Public Liaison is available on the Agency's Web site. (3) Authority to respond to requests and administrative appeals. The FOIA Officer has the authority to act upon and respond on behalf of the Board and the General Counsel to all requests for Agency records, except for records maintained by the Agency's Office of the Inspector General. The Office of the Inspector General has the authority to respond to all requests for records maintained by that Office. The Chief FOIA Officer has the authority to respond on behalf of the Chairman of the Board and the General Counsel to all administrative appeals of adverse determinations. The Chief FOIA Officer's authority includes respondi… | |||||
| 29:29:2.1.1.1.3.11.1.2 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | K | Subpart K—Records and Information | § 102.118 Present and former Board employees prohibited from producing documents and testifying; production of witnesses' statements after direct testimony. | OWCP | [82 FR 11768, Feb. 24, 2017, as amended at 82 FR 43699, Sept. 19, 2017] | (a) Prohibition on producing files and documents. Except as provided in § 102.117 respecting requests cognizable under the Freedom of Information Act, no present or former employee or specially designated agent of the Agency will produce or present any files, documents, reports, memoranda, or records of the Board or of the General Counsel, whether in response to a subpoena duces tecum or otherwise, without the written consent of the Board or the Chairman of the Board if the document is in Washington, DC, and in control of the Board; or of the General Counsel if the document is in a Regional Office of the Board or is in Washington, DC, and in the control of the General Counsel. A request that such consent be granted must be in writing and must identify the documents to be produced, the nature of the pending proceeding, and the purpose to be served by the production of the documents. (b) Prohibition on testifying. No present or former employee or specially designated agent of the Agency will testify on behalf of any party to any cause pending in any court or before the Board, or any other board, commission, or other administrative agency of the United States, or of any State, territory, or the District of Columbia, or any subdivisions thereof, with respect to any information, facts, or other matter coming to that person's knowledge in that person's official capacity or with respect to the contents of any files, documents, reports, memoranda, or records of the Board or of the General Counsel, whether in answer to a subpoena or otherwise, without the written consent of the Board or the Chairman of the Board if the person is in Washington, DC, and subject to the supervision or control of the Board or was subject to such supervision or control when formerly employed at the Agency; or of the General Counsel if the person is in a Regional Office of the Agency or is in Washington, DC, and subject to the supervision or control of the General Counsel or was subject to such supervision or control when formerly employe… | ||||
| 29:29:2.1.1.1.3.11.1.3 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | K | Subpart K—Records and Information | § 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. | OWCP | [82 FR 11754, Feb. 24, 2017, as amended at 84 FR 70425, Dec. 23, 2020; 85 FR 75855, Nov. 27, 2020; 89 FR 24714, Apr. 9, 2024] | (a)(1) An individual will be informed whether a system of records maintained by the Agency contains a record pertaining to such individual. An inquiry may be made in writing or in person during normal business hours to the official of the Agency designated for that purpose and at the address set forth in a notice of a system of records published by this Agency, in a Notice of Systems of Government-wide Personnel Records published by the Office of Personnel Management, or in a Notice of Government-wide Systems of Records published by the Department of Labor. Copies of such notices, and assistance in preparing an inquiry, may be obtained from any Regional Office of the Board or at the Board offices in Washington, DC. The inquiry may contain sufficient information, as defined in the notice, to identify the record. (2) Reasonable verification of the identity of the inquirer, as described in paragraph (e) of this section, will be required to assure that information is disclosed to the proper person. The Agency will acknowledge the inquiry in writing within 10 days (excluding Saturdays, Sundays, and legal public holidays) and, wherever practicable, the acknowledgment will supply the information requested. If, for good cause shown, the Agency cannot supply the information within 10 days, the inquirer will within that time period be notified in writing of the reasons therefor and when it is anticipated the information will be supplied. An acknowledgment will not be provided when the information is supplied within the 10-day period. If the Agency refuses to inform an individual whether a system of records contains a record pertaining to an individual, the inquirer will be notified in writing of that determination and the reasons therefor, and of the right to obtain review of that determination under the provisions of paragraph (f) of this section. The provisions of this paragraph (a)(2) do not apply to the extent that requested information from the relevant system of records has been exempted from this Privacy Act requir… | ||||
| 29:29:2.1.1.1.3.12.1.1 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | L | Subpart L—Post-Employment Restrictions on Activities by Former Officers and Employees | § 102.120 Post-employment restrictions on activities by former officers and employees. | OWCP | [82 FR 11768, Feb. 24, 2017] | Former officers and employees of the Agency who were attached to any of its Regional Offices or the Washington staff are subject to the applicable post-employment restrictions imposed by 18 U.S.C. 207. Guidance concerning those restrictions may be obtained from the Designated Agency Ethics Officer and any applicable regulations issued by the Office of Government Ethics. | ||||
| 29:29:2.1.1.1.3.13.1.1 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | M | Subpart M—Construction of Rules | § 102.121 Rules to be liberally construed. | OWCP | The Rules and Regulations in this part will be liberally construed to effectuate the purposes and provisions of the Act. | |||||
| 29:29:2.1.1.1.3.13.1.2 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | M | Subpart M—Construction of Rules | §§ 102.122-102.123 [Reserved] | OWCP | ||||||
| 29:29:2.1.1.1.3.13.1.3 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | M | Subpart M—Construction of Rules | § 102.124 Petitions for issuance, amendment, or repeal of rules. | OWCP | Any interested person may petition the Board, in writing, for the issuance, amendment, or repeal of a rule or regulation. An original of such petition must be filed with the Board and must state the rule or regulation proposed to be issued, amended, or repealed, together with a statement of grounds in support of such petition. | |||||
| 29:29:2.1.1.1.3.13.1.4 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | M | Subpart M—Construction of Rules | § 102.125 Action on petition. | OWCP | Upon the filing of such petition, the Board will consider the same and may either grant or deny the petition in whole or in part, conduct an appropriate hearing thereon, or make other disposition of the petition. Should the petition be denied in whole or in part, prompt notice will be given of the denial, accompanied by a simple statement of the grounds unless the denial is self-explanatory. | |||||
| 29:29:2.1.1.1.3.16.1.1 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | P | Subpart P—Ex Parte Communications | § 102.126 Unauthorized communications. | OWCP | [82 FR 11778, Feb. 24, 2017] | (a) No interested person outside this Agency may, in an on-the-record proceeding of the types defined in § 102.128, make or knowingly cause to be made any prohibited ex parte communication to Board agents of the categories designated in that Section relevant to the merits of the proceeding. (b) No Board agent of the categories defined in § 102.128, participating in a particular proceeding as defined in that section, may: (i) Request any prohibited ex parte communications; or (ii) Make or knowingly cause to be made any prohibited ex parte communications about the proceeding to any interested person outside this Agency relevant to the merits of the proceeding. | ||||
| 29:29:2.1.1.1.3.16.1.2 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | P | Subpart P—Ex Parte Communications | § 102.127 Definitions. | OWCP | [42 FR 13113, Mar. 8, 1977, as amended at 82 FR 11778, Feb. 24, 2017] | When used in this subpart: (a) The term person outside this Agency, to whom the prohibitions apply includes any individual outside this Agency, partnership, corporation, association, or other entity, or an agent thereof, and the General Counsel or the General Counsel's representative when prosecuting an unfair labor practice proceeding before the Board pursuant to Section 10(b) of the Act. (b) The term ex parte communication means an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, subject however, to the provisions of §§ 102.129 and 102.130. | ||||
| 29:29:2.1.1.1.3.16.1.3 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | P | Subpart P—Ex Parte Communications | § 102.128 Types of on-the-record proceedings; categories of Board agents; duration of prohibition. | OWCP | [82 FR 11778, Feb. 24, 2017] | Unless otherwise provided by specific order of the Board entered in the proceeding, the prohibition of § 102.126 will be applicable in the following types of on-the-record proceedings to unauthorized ex parte communications made to the designated categories of Board agents who participate in the decision, from the stage of the proceeding specified until the issues are finally resolved by the Board for the purposes of that proceeding under prevailing rules and practices: (a) In a pre-election proceeding pursuant to Section 9(c)(1) or 9(e), or in a unit clarification or certification amendment proceeding pursuant to Section 9(b) of the Act, in which a formal hearing is held, communications to the Regional Director and the Director's staff who review the record and prepare a draft of the decision, and Board Members and their staff, from the time the hearing is opened. (b) In a postelection proceeding pursuant to Section 9(c)(1) or 9(e) of the Act, in which a formal hearing is held, communications to the Hearing Officer, the Regional Director and the Director's staff who review the record and prepare a draft of the report or decision, and Board Members and their staff, from the time the hearing is opened. (c) In a postelection proceeding pursuant to Section 9(c)(1) or 9(e), or in a unit clarification or certification amendment proceeding pursuant to Section 9(b) of the Act, in which no formal hearing is held, communications to Board Members and their staff, from the time the Regional Director's report or decision is issued. (d) In a proceeding pursuant to Section 10(k) of the Act, communications to Board Members and their staff, from the time the hearing is opened. (e) In an unfair labor practice proceeding pursuant to Section 10(b) of the Act, communications to the Administrative Law Judge assigned to hear the case or to make rulings upon any motions or issues therein and Board Members and their staff, from the time the complaint and/or Notice of Hearing is issued, or the time the communicator has knowledge t… | ||||
| 29:29:2.1.1.1.3.16.1.4 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | P | Subpart P—Ex Parte Communications | § 102.129 Communications prohibited. | OWCP | [82 FR 11778, Feb. 24, 2017] | Except as provided in § 102.130, ex parte communications prohibited by § 102.126 include: (a) Such communications, when written, if copies are not contemporaneously served by the communicator on all parties to the proceeding in accordance with the provisions of § 102.5(g). (b) Such communications, when oral, unless advance notice is given by the communicator to all parties in the proceeding and adequate opportunity afforded to them to be present. |
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title_number INTEGER,
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chapter TEXT,
subchapter TEXT,
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