cfr_sections
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176 rows where part_number = 102 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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| 29:29:2.1.1.1.3.1.1.1 | 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. | ||||
| 29:29:2.1.1.1.3.16.1.5 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | P | Subpart P—Ex Parte Communications | § 102.130 Communications not prohibited. | OWCP | [82 FR 11778, Feb. 24, 2017] | Ex parte communications prohibited by § 102.126 do not include oral or written communications or requests: (a) Which relate solely to matters which the Hearing Officer, Regional Director, Administrative Law Judge, or Board Member is authorized by law or Board Rules to entertain or dispose of on an ex parte basis. (b) For information solely with respect to the status of a proceeding. (c) Which all the parties to the proceeding agree, or which the responsible official formally rules, may be made on an ex parte basis. (d) Proposing settlement or an agreement for disposition of any or all issues in the proceeding. (e) Which concern matters of general significance to the field of labor-management relations or administrative practice and which are not specifically related to pending on-the-record proceedings. (f) From the General Counsel to the Board when the General Counsel is acting as counsel for the Board. | ||||
| 29:29:2.1.1.1.3.16.1.6 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | P | Subpart P—Ex Parte Communications | § 102.131 Solicitation of prohibited communications. | OWCP | [82 FR 11778, Feb. 24, 2017] | No person may knowingly and willfully solicit the making of an unauthorized ex parte communication by any other person. | ||||
| 29:29:2.1.1.1.3.16.1.7 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | P | Subpart P—Ex Parte Communications | § 102.132 Reporting of prohibited communications; penalties. | OWCP | [82 FR 11778, Feb. 24, 2017] | (a) Any Board agent of the categories defined in § 102.128 to whom a prohibited oral ex parte communication is attempted to be made shall refuse to listen to the communication, inform the communicator of this rule, and advise the communicator that anything may be said in writing with copies to all parties. Any Board agent who receives, or who makes or knowingly causes to be made, an unauthorized ex parte communication will place or cause to be placed on the public record of the proceeding: (1) The communication, if it was written; (2) A memorandum stating the substance of the communication, if it was oral; (3) All written responses to the prohibited communication; and (4) Memoranda stating the substance of all oral responses to the prohibited communication. (b) The Executive Secretary, if the proceeding is then pending before the Board, the Administrative Law Judge, if the proceeding is then pending before any such judge, or the Regional Director, if the proceeding is then pending before a Hearing Officer or the Regional Director, will serve copies of all such materials placed on the public record of the proceeding on all other parties to the proceeding and on the attorneys of record for the parties. Within 14 days after service of such copies, any party may file with the Executive Secretary, Administrative Law Judge, or Regional Director serving the communication, and serve on all other parties, a statement setting forth facts or contentions to rebut those contained in the prohibited communication. All such responses will be placed in the public record of the proceeding, and provision may be made for any further action, including reopening of the record which may be required under the circumstances. No action taken pursuant to this provision will constitute a waiver of the power of the Board to impose an appropriate penalty under § 102.133. | ||||
| 29:29:2.1.1.1.3.16.1.8 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | P | Subpart P—Ex Parte Communications | § 102.133 Penalties and enforcement. | OWCP | [82 FR 11778, Feb. 24, 2017] | (a) Where the nature and circumstances of a prohibited communication made by or caused to be made by a party to the proceeding are such that the interests of justice and statutory policy may require remedial action, the Board, the Administrative Law Judge, or the Regional Director, as the case may be, may issue to the party making the communication a Notice to Show Cause, returnable before the Board within a stated period not less than 7 days from the date of issuance, why the Board may not determine that the interests of justice and statutory policy require that the claim or interest in the proceeding of a party who knowingly makes a prohibited communication, or knowingly causes a prohibited communication to be made may be dismissed, denied, disregarded, or otherwise adversely affected on account of such violation. (b) Upon notice and hearing, the Board may censure, suspend, or revoke the privilege of practice before the Agency of any person who knowingly and willfully makes or solicits the making of a prohibited ex parte communication. However, before the Board institutes formal proceedings under this paragraph (b), it will first advise the person or persons concerned in writing that it proposes to take such action and that they may show cause, within a period to be stated in such written advice, but not less than 7 days from the date thereof, why it may not take such action. (c) The Board may censure, or, to the extent permitted by law, suspend, dismiss, or institute proceedings for the dismissal of, any Board agent who knowingly and willfully violates the prohibitions and requirements of this rule. | ||||
| 29:29:2.1.1.1.3.16.1.9 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | P | Subpart P—Ex Parte Communications | § 102.134 [Reserved] | OWCP | ||||||
| 29:29:2.1.1.1.3.17.1.1 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | Q | Subpart Q—Procedure Governing Matters Affecting Employment-Management Agreements Under the Postal Reorganization Act | § 102.135 Postal Reorganization Act. | OWCP | [82 FR 11779, Feb. 24, 2017] | (a) Employment-management agreements. All matters within the jurisdiction of the National Labor Relations Board pursuant to the Postal Reorganization Act (chapter 12 of title 39, U.S. Code, as revised) are governed by the provisions of subparts A, B, C, D, F, G, H, J, K, L, M, O, and P of this part, insofar as applicable. (b) Inconsistencies. To the extent that any provision of this subpart is inconsistent with any provision of title 39, United States Code, the provision of title 39 governs. (c) Exceptions. For the purposes of this subpart, references in the subparts cited in paragraphs (a) and (b) of this section to: (1) Employer is deemed to include the Postal Service; (2) Act will in the appropriate context mean Postal Reorganization Act; (3) Section 9(c) of the Act and cited paragraphs will mean 39 U.S.C. 1203(c) and 1204; and (4) Section 9(b) of the Act will mean 39 U.S.C. 1202. | ||||
| 29:29:2.1.1.1.3.18.1.1 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | R | Subpart R—Advisory Committees | § 102.136 Establishment and use of advisory committees. | OWCP | [82 FR 11779, Feb. 24, 2017] | Advisory committees may from time to time be established or used by the Agency in the interest of obtaining advice or recommendations on issues of concern to the Agency. The establishment, use, and functioning of such committees will be in accordance with the provisions of the Federal Advisory Committee Act, 5 U.S.C. App. 2, applicable Rules and Regulations. | ||||
| 29:29:2.1.1.1.3.19.1.1 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | S | Subpart S—Open Meetings | § 102.137 Public observation of Board meetings. | OWCP | Every portion of every meeting of the Board will be open to public observation, except as provided in § 102.139, and Board Members will not jointly conduct or dispose of Agency business other than in accordance with the provisions of this subpart. | |||||
| 29:29:2.1.1.1.3.19.1.2 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | S | Subpart S—Open Meetings | § 102.138 Definition of | OWCP | For purposes of this subpart, meeting means the deliberations of at least three Members of the full Board, or the deliberations of at least two Members of any group of three Board Members to whom the Board has delegated powers which it may itself exercise, where such deliberations determine or result in the joint conduct or disposition of official Agency business, but does not include deliberations to determine whether a meeting may be closed to public observation in accordance with the provisions of this subpart. | |||||
| 29:29:2.1.1.1.3.19.1.3 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | S | Subpart S—Open Meetings | § 102.139 Closing of meetings; reasons. | OWCP | (a) Except where the Board determines that the public interest requires otherwise, meetings, or portions thereof, will not be open to public observation where the deliberations concern the issuance of a subpoena, the Board's participation in a civil action or proceeding or an arbitration, or the initiation, conduct, or disposition by the Board of particular representation or unfair labor practice proceedings under Section 8, 9, or 10 of the Act, or any court proceedings collateral or ancillary thereto. (b) Meetings, or portions thereof, may also be closed by the Board, except where it determines that the public interest requires otherwise, when the deliberations concern matters or information falling within the reasons for closing meetings specified in 5 U.S.C. 552b(c)(1) (secret matters concerning national defense or foreign policy); (c)(2) (internal personnel rules and practices); (c)(3) (matters specifically exempted from disclosure by statute); (c)(4) (privileged or confidential trade secrets and commercial or financial information); (c)(5) (matters of alleged criminal conduct or formal censure); (c)(6) (personal information where disclosure would cause a clearly unwarranted invasion of personal privacy); (c)(7) (certain materials or information from investigatory files compiled for law enforcement purposes); or (c)(9)(B) (disclosure would significantly frustrate implementation of a proposed Agency action). | |||||
| 29:29:2.1.1.1.3.19.1.4 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | S | Subpart S—Open Meetings | § 102.140 Action necessary to close meeting; record of votes. | OWCP | A meeting will be closed to public observation under § 102.139, only when a majority of the Board Members who will participate in the meeting vote to take such action. (a) When the meeting deliberations concern matters specified in § 102.139(a), the Board Members will vote at the beginning of the meeting, or portion of the meeting, on whether to close such meeting, or portion of the meeting, to public observation, and on whether the public interest requires that a meeting which may properly be closed may nevertheless be open to public observation. A record of such vote, reflecting the vote of each Board Member, will be kept and made available to the public at the earliest practicable time. (b) When the meeting deliberations concern matters specified in § 102.139(b), the Board will vote on whether to close such meeting, or portion of the meeting, to public observation, and on whether there is a public interest which requires that a meeting which may properly be closed may nevertheless be open to public observation. The vote will be taken at a time sufficient to permit inclusion of information concerning the open or closed status of the meeting in the public announcement of the vote. A single vote may be taken with respect to a series of meetings at which the deliberations will concern the same particular matters where such subsequent meetings are scheduled to be held within 30 days after the initial meeting. A record of such vote, reflecting the vote of each Board Member, will be kept and made available to the public within one day after the vote is taken. (c) Whenever any person whose interests may be directly affected by deliberations during a meeting, or a portion of a meeting, requests that the Board close the meeting, or a portion of the meeting, to public observation for any of the reasons specified in 5 U.S.C. 552b(c)(5) (matters of alleged criminal conduct or formal censure), (c)(6) (personal information where disclosure would cause a clearly unwarranted invasion of personal privacy), or (c)(7) (certain… | |||||
| 29:29:2.1.1.1.3.19.1.5 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | S | Subpart S—Open Meetings | § 102.141 Notice of meetings; public announcement and publication. | OWCP | (a) A public announcement setting forth the time, place, and subject matter of meetings or portions of meetings closed to public observation pursuant to the provisions of § 102.139(a) will be made at the earliest practicable time. (b) Except for meetings closed to public observation pursuant to the provisions of § 102.139(a), the Agency will publicly announce each meeting to be held at least 7 days before the scheduled date of the meeting. The announcement will specify the time, place, and subject matter of the meeting, whether it is to be open to public observation or closed, and the name, address, and phone number of an Agency official designated to respond to requests for information about the meeting. The 7-day period for advance notice may be shortened only upon a determination by a majority of the Board Members who will participate in the meeting that Agency business requires that such meeting be called at an earlier date, in which event the public announcements will be made at the earliest practicable time. A record of the vote to schedule a meeting at an earlier date will be kept and made available to the public. (c) Within 1 day after the vote to close a meeting, or any portion of a meeting, pursuant to the provisions of § 102.139(b), the Agency will make publicly available a full written explanation of its action closing the meeting, or portion of a meeting, together with a list of all persons expected to attend the meeting and their affiliation. (d) If after public announcement required by paragraph (b) of this section has been made, the time and place of the meeting are changed, a public announcement will be made at the earliest practicable time. The subject matter of the meeting may be changed after the public announcement only if a majority of the Members of the Board who will participate in the meeting determine that Agency business so requires and that no earlier announcement of the change was possible. When such a change in subject matter is approved a public announcement of the change will be… | |||||
| 29:29:2.1.1.1.3.19.1.6 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | S | Subpart S—Open Meetings | § 102.142 Transcripts, recordings, or minutes of closed meetings; public availability; retention. | OWCP | (a) For every meeting or portion of a meeting closed under the provisions of § 102.139, the presiding officer will prepare a statement setting forth the time and place of the meeting and the persons present, which statement will be retained by the Agency. For each such meeting or portion of a meeting there will also be maintained a complete transcript or electronic recording of the proceedings, except that for meetings closed pursuant to § 102.139(a) the Board may, in lieu of a transcript or electronic recording, maintain a set of minutes fully and accurately summarizing any action taken, the reasons for taking the action, and views on the action taken, documents considered, and the Board Members' vote on each roll call vote. (b) The Agency will promptly make available to the public copies of transcripts, recordings, or minutes maintained as provided in accordance with paragraph (a) of this section, except to the extent the items contain information which the Agency determines may be withheld pursuant to the provisions of 5 U.S.C. 552(c). Copies of transcripts or minutes, or transcriptions of electronic recordings including the identification of speakers, will, to the extent determined to be publicly available, be furnished to any person, subject to the payment of duplication costs in accordance with the schedule of fees set forth in § 102.117(c)(2)(iv), and the actual cost of transcription. (c) The Agency will maintain a complete verbatim copy of the transcript, a complete electronic recording, or a complete set of the minutes for each meeting or portion of a meeting closed to the public, for a period of at least one year after the close of the Agency proceeding of which the meeting was a part, but in no event for a period of less than 2 years after such meeting. | |||||
| 29:29:2.1.1.1.3.2.1.1 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | B | Subpart B—Service and Filings | § 102.2 Time requirements for filings with the Agency. | OWCP | [82 FR 11751, Feb. 24, 2017, as amended at 84 FR 69588, Dec. 18, 2019] | (a) Time computation. In computing any period of time prescribed or allowed by these Rules, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it does not fall on a business day, in which event the period runs until the next Agency business day. When the period of time prescribed or allowed is less than 7 days, only business days are included in the computation. Except as otherwise provided, in computing the period of time for filing a responsive document, the designated period begins to run on the date the preceding document was required to be received by the Agency, even if the preceding document was filed prior to that date. (b) Timeliness of filings. If there is a time limit for the filing of a motion, brief, exception, request for extension of time, or other paper in any proceeding, such document must be received by the Board or the officer or agent designated to receive such matter on or before the last day of the time limit for such filing or the last day of any extension of time that may have been granted. Non E-Filed documents must be received before the official closing time of the receiving office (see www.nlrb.gov setting forth the official business hours of the Agency's several offices). E-Filed documents must be received by 11:59 p.m. of the time zone of the receiving office. In construing this section of the Rules, the Board will accept as timely filed any document which is postmarked on the day before (or earlier than) the due date; documents which are postmarked on or after the due date are untimely. “Postmarking” must include timely depositing the document with a delivery service that will provide a record showing that the document was given to the delivery service in sufficient time for delivery by the due date, but in no event later than the day before the due date. However, the following documents must be received on or before the last day for filing: (1) Ch… | ||||
| 29:29:2.1.1.1.3.2.1.2 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | B | Subpart B—Service and Filings | § 102.3 Date of service. | OWCP | Where service is made by mail, private delivery service, or email, the date of service is the day when the document served is deposited in the United States mail, is deposited with a private delivery service that will provide a record showing the date the document was tendered to the delivery service, or is sent by email, as the case may be. Where service is made by personal delivery or facsimile, the date of service will be the date on which the document is received. | |||||
| 29:29:2.1.1.1.3.2.1.3 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | B | Subpart B—Service and Filings | § 102.4 Methods of service of process and papers by the Agency; proof of service. | OWCP | (a) Method of service for certain Agency-issued documents. Complaints and compliance specifications (including accompanying notices of hearing, and amendments to either complaints or to compliance specifications), final orders of the Board in unfair labor practice cases and Administrative Law Judges' decisions must be served upon all parties personally, by registered or certified mail, by leaving a copy at the principal office or place of business of the person required to be served, by email as appropriate, or by any other method of service authorized by law. (b) Service of subpoenas. Subpoenas must be served upon the recipient personally, by registered or certified mail, by leaving a copy at the principal office or place of business of the person required to be served, by private delivery service, or by any other method of service authorized by law. (c) Service of other Agency-issued documents. Other documents may be served by the Agency by any of the foregoing methods as well as by regular mail, private delivery service, facsimile, or email. (d) Proof of service. In the case of personal service, or delivery to a principal office or place of business, the verified return by the serving individual, setting forth the manner of such service, is proof of service. In the case of service by registered or certified mail, the return post office receipt is proof of service. However, these methods of proof of service are not exclusive; any sufficient proof may be relied upon to establish service. (e) Service upon representatives of parties. Whenever these Rules require or permit the service of pleadings or other papers upon a party, a copy must be served on any attorney or other representative of the party who has entered a written appearance in the proceeding on behalf of the party. If a party is represented by more than one attorney or representative, service upon any one of such persons in addition to the party satisfies this requirement. Service by the Board or its agents of any documents upon any such … | |||||
| 29:29:2.1.1.1.3.2.1.4 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | B | Subpart B—Service and Filings | § 102.5 Filing and service of papers by parties: Form of papers; manner and proof of filing or service. | OWCP | (a) Form of papers to be filed. All papers filed with the Board, General Counsel, Regional Director, Administrative Law Judge, or Hearing Officer must be typewritten or otherwise legibly duplicated on 8 1/2 by 11-inch plain white paper, and must have margins no less than one inch on all four sides. Page numbers may be placed in the margins, but no text may appear there. Typeface that is single-spaced must not contain more than 10.5 characters per inch, and proportionally-spaced typeface must be 12 point or larger, for both text and footnotes. Condensed text is not permitted. The text must be double-spaced, but headings and footnotes may be single-spaced, and quotations more than two lines long may be indented and single-spaced. Case names must be italicized or underlined. Where any brief filed with the Board exceeds 20 pages, it must contain a subject index with page references and an alphabetical table of cases and other authorities cited. (b) Requests to exceed the page limits. Requests for permission to exceed the page limits for documents filed with the Board must state the reasons for the requests. Unless otherwise specified, such requests must be filed not less than 10 days prior to the date the document is due. (c) E-Filing with the Agency. Unless otherwise permitted under this section, all documents filed in cases before the Agency must be filed electronically (“E-Filed”) on the Agency's Web site ( www.nlrb.gov ) by following the instructions on the Web site. The Agency's Web site also contains certain forms that parties or other persons may use to prepare their documents for E-Filing. If the document being E-Filed is required to be served on another party to a proceeding, the other party must be served by email, if possible, or in accordance with paragraph (g) of this section. Unfair labor practice charges, petitions in representation proceedings, and showings of interest may be filed in paper format or E-Filed. A party who files other documents in paper format must accompany the filing with a … | |||||
| 29:29:2.1.1.1.3.2.1.5 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | B | Subpart B—Service and Filings | § 102.6 Notice to the Administrative Law Judge or Board of supplemental authority. | OWCP | Pertinent and significant authorities that come to a party's attention after the party's submission to the Administrative Law Judge or the Board has been filed may be brought to the Judge's or the Board's attention by the party promptly filing a letter with the judge or the Board and simultaneously serving all other parties. The body of the letter may not exceed 350 words. A party may file and serve on all other parties a response that is similarly limited. In unfair labor practice cases, the response must be filed no later than 14 days after service of the letter. In representation cases, the response must be filed no later than 7 days after service of the letter. No extension of time will be granted to file the response. | |||||
| 29:29:2.1.1.1.3.2.1.6 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | B | Subpart B—Service and Filings | § 102.7 Signature on documents E-Filed with the Agency. | OWCP | Documents filed with the Agency by E-Filing may contain an electronic signature of the filer which will have the same legal effect, validity, and enforceability as if signed manually. The term “electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the document. | |||||
| 29:29:2.1.1.1.3.2.1.7 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | B | Subpart B—Service and Filings | § 102.8 [Reserved] | OWCP | ||||||
| 29:29:2.1.1.1.3.20.1.1 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | T | Subpart T—Awards of Fees and Other Expenses | § 102.143 “Adversary adjudication” defined; entitlement to award; eligibility for award. | OWCP | [46 FR 48087, Sept. 30, 1981, as amended at 51 FR 17733, May 15, 1986; 51 FR 36224, Oct. 9, 1986; 82 FR 11781, Feb. 24, 2017] | (a) The term adversary adjudication, as used in this subpart, means unfair labor practice proceedings pending before the Board on a complaint and backpay proceedings under §§ 102.52 through 102.59 pending before the Board on a Notice of Hearing at any time after October 1, 1984. (b) A Respondent in an adversary adjudication who prevails in that proceeding, or in a significant and discrete substantive portion of that proceeding, and who otherwise meets the eligibility requirements of this section, is eligible to apply for an award of fees and other expenses allowable under the provisions of § 102.145. (c) Applicants eligible to receive an award are as follows: (1) An individual with a net worth of not more than $2 million; (2) A sole owner of an unincorporated business who has a net worth of not more than $7 million, including both personal and business interests, and not more than 500 employees; (3) A charitable or other tax-exempt organization described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) with not more than 500 employees; (4) A cooperative association as defined in Section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)) with not more than 500 employees; and (5) Any other partnership, corporation, association, unit of local government, or public or private organization with a net worth of not more than $7 million and not more than 500 employees. (d) For the purpose of eligibility, the net worth and number of employees of an applicant will be determined as of the date of the complaint in an unfair labor practice proceeding or the date of the Notice of Hearing in a backpay proceeding. (e) An applicant who owns an unincorporated business will be considered as an “individual” rather than a “sole owner of unincorporated business” if the issues on which the applicant prevails are related primarily to personal interests rather than to business interests. (f) The employees of an applicant include all persons who regularly perform services for remuneration for t… | ||||
| 29:29:2.1.1.1.3.20.1.10 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | T | Subpart T—Awards of Fees and Other Expenses | § 102.152 Further proceedings. | OWCP | [82 FR 11783, Feb. 24, 2017] | (a) Ordinarily, the determination of an award will be made on the basis of the documents in the record. The Administrative Law Judge, however, upon request of either the applicant or the General Counsel, or on the General Counsel's own initiative, may order further proceedings, including an informal conference, oral argument, additional written submission, or an evidentiary hearing. An evidentiary hearing will be held only when necessary for resolution of material issues of fact. (b) A request that the Administrative Law Judge order further proceedings under this section must specifically identify the disputed issues and the evidence sought to be adduced, and must explain why the additional proceedings are necessary to resolve the issues. (c) An order of the Administrative Law Judge scheduling further proceedings will specify the issues to be considered. (d) Any evidentiary hearing held pursuant to this section will be open to the public and will be conducted in accordance with §§ 102.30 through 102.43, except §§ 102.33, 102.34, and 102.38. (e) Rulings of the Administrative Law Judge are reviewable by the Board only in accordance with the provisions of § 102.26. | ||||
| 29:29:2.1.1.1.3.20.1.11 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | T | Subpart T—Awards of Fees and Other Expenses | § 102.153 Administrative Law Judge's decision; contents; service; transfer of case to the Board; contents of record in case. | OWCP | [82 FR 11783, Feb. 24, 2017] | (a) Upon conclusion of proceedings under §§ 102.147 through 102.152, the Administrative Law Judge will prepare a decision, which will include written findings and conclusions as necessary to dispose of the application. The Administrative Law Judge will transmit the decision to the Board. Upon receipt of the decision, the Board will enter an order transferring the case to the Board and will serve copies on all the parties of the Judge's decision and the Board's order, setting forth the date of the transfer. (b) The record in a proceeding on an application for an award of fees and expenses includes the application and any amendments or attachments, the net worth exhibit, the answer and any amendments or attachments, any reply to the answer, any comments by other parties, motions, rulings, orders, stipulations, written submissions, the transcript of any oral argument, the transcript of any hearing, exhibits, and depositions, together with the Administrative Law Judge's decision and exceptions, any cross-exceptions or answering briefs as provided in § 102.46, and the record of the adversary adjudication upon which the application is based. | ||||
| 29:29:2.1.1.1.3.20.1.12 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | T | Subpart T—Awards of Fees and Other Expenses | § 102.154 Exceptions to Administrative Law Judge's decision; briefs; action of the Board. | OWCP | [82 FR 11783, Feb. 24, 2017] | Procedures before the Board, including the filing of exceptions to the Administrative Law Judge's decision and briefs, and action by the Board, will be in accordance with §§ 102.46, 102.47, 102.48, and 102.50. The Board will issue a decision on the application or remand the proceeding to the Administrative Law Judge for further proceedings. | ||||
| 29:29:2.1.1.1.3.20.1.13 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | T | Subpart T—Awards of Fees and Other Expenses | § 102.155 Payment of award. | OWCP | [82 FR 11783, Feb. 24, 2017] | To obtain payment of an award made by the Board, the applicant must submit to the Director of the Division of Administration, a copy of the Board's final decision granting the award, accompanied by a statement that the applicant will not seek court review of the decision. If such statement is filed, the Agency will pay the amount of the award within 60 days, unless judicial review of the award or of the underlying decision has been sought. | ||||
| 29:29:2.1.1.1.3.20.1.2 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | T | Subpart T—Awards of Fees and Other Expenses | § 102.144 Standards for awards. | OWCP | [46 FR 48087, Sept. 30, 1981, as amended at 51 FR 17733, May 15, 1986] | (a) An eligible applicant may receive an award for fees and expenses incurred in connection with an adversary adjudication or in connection with a significant and discrete substantive portion of that proceeding, unless the position of the General Counsel over which the applicant has prevailed was substantially justified. The burden of proof that an award should not be made to an eligible applicant is on the General Counsel, who may avoid an award by showing that the General Counsel's position in the proceeding was substantially justified. (b) An award will be reduced or denied if the applicant has unduly or unreasonably protracted the adversary adjudication or if special circumstances make the award sought unjust. | ||||
| 29:29:2.1.1.1.3.20.1.3 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | T | Subpart T—Awards of Fees and Other Expenses | § 102.145 Allowable fees and expenses. | OWCP | [46 FR 48087, Sept. 30, 1981, as amended at 82 FR 11782, Feb. 24, 2017] | (a) Awards will be based on rates customarily charged by persons engaged in the business of acting as attorneys, agents and expert witnesses, even if the services were made available without charge or at a reduced rate to the applicant. (b) No award for the attorney or agent fees under these Rules may exceed $75 per hour. However, an award may also include the reasonable expenses of the attorney, agent, or witness as a separate item, if the attorney, agent, or expert witness ordinarily charges clients separately for such expenses. (c) In determining the reasonableness of the fee sought for an attorney, agent, or expert witness, the following matters will be considered: (1) If the attorney, agent, or expert witness is in practice, that person's customary fee for similar services, or, if an employee of the applicant, the fully allocated cost of the services; (2) The prevailing rate for similar services in the community in which the attorney, agent, or expert witness ordinarily performs services; (3) The time actually spent in the representation of the applicant; and (4) The time reasonably spent in light of the difficulty or complexity of the issues in the adversary adjudicative proceeding. (d) The reasonable cost of any study, analysis, engineering report, test, project or similar matter prepared on behalf of an applicant may be awarded, to the extent that the charge for the service does not exceed the prevailing rate for similar services, and the study or other matter was necessary for preparation of the applicant's case. | ||||
| 29:29:2.1.1.1.3.20.1.4 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | T | Subpart T—Awards of Fees and Other Expenses | § 102.146 Rulemaking on maximum rates for attorney or agent fees. | OWCP | [82 FR 11782, Feb. 24, 2017] | Any person may file with the Board a petition under § 102.124 for rulemaking to increase the maximum rate for attorney or agent fees. The petition should specify the rate the petitioner believes may be established and explain fully why the higher rate is warranted by an increase in the cost of living or a special factor (such as the limited availability of qualified attorneys or agents for the proceedings involved). | ||||
| 29:29:2.1.1.1.3.20.1.5 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | T | Subpart T—Awards of Fees and Other Expenses | § 102.147 Contents of application; net worth exhibit; documentation of fees and expenses. | OWCP | [46 FR 48087, Sept. 30, 1981, as amended at 51 FR 17733, May 15, 1986; 51 FR 36224, Oct. 9, 1986; 82 FR 11782, Feb. 24, 2017] | (a) An application for an award of fees and expenses under the Act must identify the applicant and the adversary adjudication for which an award is sought. The application must state the particulars in which the applicant has prevailed and identify the positions of the General Counsel in that proceeding that the applicant alleges were not substantially justified. Unless the applicant is an individual, the application must also state the number, category, and work location of employees of the applicant and its affiliates and describe briefly the type and purpose of its organization or business. (b) The application must include a statement that the applicant's net worth does not exceed $2 million (if an individual) or $7 million (for all other applicants, including their affiliates). However, an applicant may omit this statement if: (1) It attaches a copy of a ruling by the Internal Revenue Service that it qualifies as an organization described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) or, in the case of a tax-exempt organization not required to obtain a ruling from the Internal Revenue Service on its exempt status, a statement that describes the basis for the applicant's belief that it qualifies under such Section; or (2) It states that it is a cooperative association as defined in Section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)). (c) The application must state the amount of fees and expenses for which an award is sought. (d) The application may also include any other matters that the applicant wishes this Agency to consider in determining whether and in what amount an award should be made. (e) The application must be signed by the applicant or an authorized officer or attorney of the applicant. It must also contain or be accompanied by a written verification under oath or under penalty of perjury that the information provided in the application is true. (f) Each applicant, except a qualified tax-exempt organization or cooperative association, must provide w… | ||||
| 29:29:2.1.1.1.3.20.1.6 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | T | Subpart T—Awards of Fees and Other Expenses | § 102.148 When an application may be filed; place of filing; service; referral to Administrative Law Judge; stay of proceeding. | OWCP | [82 FR 11783, Feb. 24, 2017] | (a) An application may be filed after entry of the final order establishing that the applicant has prevailed in an adversary adjudication proceeding or in a significant and discrete substantive portion of that proceeding, but in no case later than 30 days after the entry of the Board's final order in that proceeding. The application for an award must be filed with the Board in Washington, DC, together with a certificate of service. The application must be served on the Regional Director and on all parties to the adversary adjudication in the same manner as other pleadings in that proceeding, except as provided in § 102.147(g)(1) for financial information alleged to be confidential. (b) Upon filing, the application will be referred by the Board to the Administrative Law Judge who heard the adversary adjudication upon which the application is based, or, in the event that proceeding had not previously been heard by an Administrative Law Judge, it will be referred to the Chief Administrative Law Judge for designation of an Administrative Law Judge, in accordance with § 102.34, to consider the application. When the Administrative Law Judge to whom the application has been referred is or becomes unavailable, the provisions of §§ 102.34 and 102.36 will apply. (c) Proceedings for the award of fees, but not the time limit of this section for filing an application for an award, will be stayed pending final disposition of the adversary adjudication in the event any person seeks reconsideration or review of the decision in that proceeding. (d) For purposes of this section the withdrawal of a complaint by a Regional Director under § 102.18 will be treated as a final order, and an appeal under § 102.19 will be treated as a request for reconsideration of that final order. | ||||
| 29:29:2.1.1.1.3.20.1.7 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | T | Subpart T—Awards of Fees and Other Expenses | § 102.149 Filing of documents; service of documents; motions for extension of time. | OWCP | [82 FR 11783, Feb. 24, 2017] | (a) All motions and pleadings after the time the case is referred by the Board to the Administrative Law Judge until the issuance of the Administrative Law Judge's decision must be filed with the Administrative Law Judge together with proof of service. Copies of all documents filed must be served on all parties to the adversary adjudication. (b) Motions for extensions of time to file motions, documents, or pleadings permitted by § 102.150 or by § 102.152 must be filed with the Chief Administrative Law Judge, the Deputy Chief Administrative Law Judge, or an Associate Chief Administrative Law Judge, as the case may be, no later than 3 days before the due date of the document. Notice of the request must be immediately served on all other parties and proof of service furnished. | ||||
| 29:29:2.1.1.1.3.20.1.8 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | T | Subpart T—Awards of Fees and Other Expenses | § 102.150 Answer to application; reply to answer; comments by other parties. | OWCP | [82 FR 11783, Feb. 24, 2017] | (a) Within 35 days after service of an application, the General Counsel may file an answer to the application. Unless the General Counsel requests an extension of time for filing or files a statement of intent to negotiate under paragraph (b) of this section, failure to file a timely answer may be treated as a consent to the award requested. The filing of a motion to dismiss the application will stay the time for filing an answer to a date 35 days after issuance of any order denying the motion. Within 21 days after service of any motion to dismiss, the applicant may file a response. Review of an order granting a motion to dismiss an application in its entirety may be obtained by filing a request with the Board in Washington, DC, pursuant to § 102.27. (b) If the General Counsel and the applicant believe that the issues in the fee application can be settled, they may jointly file a statement of their intent to negotiate toward a settlement. The filing of such a statement will extend the time for filing an answer for an additional 35 days. (c) The answer must explain in detail any objections to the award requested and identify the facts relied on in support of the General Counsel's position. If the answer is based on alleged facts not already in the record of the adversary adjudication, supporting affidavits must be provided or a request made for further proceedings under § 102.152. (d) Within 21 days after service of an answer, the applicant may file a reply. If the reply is based on alleged facts not already in the record of the adversary adjudication, supporting affidavits must be provided or a request made for further proceedings under § 102.152. (e) Any party to an adversary adjudication other than the applicant and the General Counsel may file comments on a fee application within 35 days after it is served and on an answer within 21 days after it is served. A commenting party may not participate further in the fee application proceeding unless the Administrative Law Judge determines that such participation… | ||||
| 29:29:2.1.1.1.3.20.1.9 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | T | Subpart T—Awards of Fees and Other Expenses | § 102.151 Settlement. | OWCP | [82 FR 11783, Feb. 24, 2017] | The applicant and the General Counsel may agree on a proposed settlement of the award before final action on the application. If a prevailing party and the General Counsel agree on a proposed settlement of an award before an application has been filed, the proposed settlement must be filed with the application. All such settlements are subject to approval by the Board. | ||||
| 29:29:2.1.1.1.3.21.1.1 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | U | Subpart U—Debt-Collection Procedures by Administrative Offset | § 102.156 Administrative offset; purpose and scope. | OWCP | [82 FR 11784, Feb. 24, 2017] | The regulations in this subpart specify the Agency procedures that will be followed to implement the administrative offset procedures set forth in the Debt Collection Act of 1982 (Pub. L. 97-365), 31 U.S.C. 3716. | ||||
| 29:29:2.1.1.1.3.21.1.10 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | U | Subpart U—Debt-Collection Procedures by Administrative Offset | § 102.165 Cost shifting. | OWCP | Costs incurred by the Agency in connection with referral of debts for administrative offset will be added to the debt and thus increase the amount of the offset. Such costs may include administrative costs and attorneys fees. | |||||
| 29:29:2.1.1.1.3.21.1.11 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | U | Subpart U—Debt-Collection Procedures by Administrative Offset | § 102.166 Additional administrative collection action. | OWCP | Nothing contained in this subpart is intended to preclude the Agency from utilizing any other administrative or legal remedy which may be available. | |||||
| 29:29:2.1.1.1.3.21.1.12 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | U | Subpart U—Debt-Collection Procedures by Administrative Offset | § 102.167 Prior provision of rights with respect to debt. | OWCP | To the extent that the rights of the debtor in relation to the same debt have been previously provided for under some other statutory or regulatory authority, the Agency is not required to duplicate those efforts before effecting administrative offset. | |||||
| 29:29:2.1.1.1.3.21.1.2 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | U | Subpart U—Debt-Collection Procedures by Administrative Offset | § 102.157 Definitions. | OWCP | [62 FR 55164, Oct. 23, 1997, as amended at 82 FR 11784, Feb. 24, 2017] | (a) The term administrative offset means the withholding of money payable by the United States to, or held by the United States on behalf of, a person to satisfy a debt owed the United States by that person. (b) The term debtor is any person against whom the Board has a claim. (c) The term person does not include any agency of the United States, or any state or local government. (d) The terms claim and debt are synonymous and interchangeable. They refer to an amount of money or property which has been determined by an appropriate Agency official to be owed to the United States from any person, organization, or entity, except another Federal agency. (e) A debt is considered delinquent if it has not been paid by the date specified in the Agency's initial demand letter (§ 102.161), unless satisfactory payment arrangements have been made by that date, or if, at any time thereafter, the debtor fails to satisfy the debtor's obligations under a payment agreement with the Agency. | ||||
| 29:29:2.1.1.1.3.21.1.3 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | U | Subpart U—Debt-Collection Procedures by Administrative Offset | § 102.158 Agency requests for administrative offsets and cooperation with other Federal agencies. | OWCP | Unless otherwise prohibited by law, the Agency may request that monies due and payable to a debtor by another Federal agency be administratively offset in order to collect debts owed the Agency by the debtor. In requesting an administrative offset, the Agency will provide the other Federal agency holding funds of the debtor with written certification stating: (a) That the debtor owes the Board a debt (including the amount of debt); and (b) That the Agency has complied with the applicable Federal Claims Collection Standards, including any hearing or review. | |||||
| 29:29:2.1.1.1.3.21.1.4 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | U | Subpart U—Debt-Collection Procedures by Administrative Offset | § 102.159 Exclusions. | OWCP | [82 FR 11784, Feb. 24, 2017] | (a)(1) The Agency is not authorized by the Debt Collection Act of 1982 (31 U.S.C. 3716) to use administrative offset with respect to: (i) Debts owed by any State or local government; (ii) Debts arising under or payments made under the Social Security Act, the Internal Revenue Code of 1954, or the tariff laws of the United States; or (iii) When a statute explicitly provides for or prohibits using administrative offset to collect the claim or type of claim involved. (2) No claim that has been outstanding for more than 10 years after the Board's right to collect the debt first accrued may be collected by means of administrative offset, unless facts material to the right to collect the debt were not known, and could not reasonably have been known, by the official of the Agency who was charged with the responsibility to discover and collect such debts until within 10 years of the initiation of the collection action. A determination of when the debt first accrued may be made according to existing laws regarding the accrual of debts, such as under 28 U.S.C. 2415. Unless otherwise provided by contract or law, debts or payments owed the Board which 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, pursuant to this paragraph (a) or Board regulations established pursuant to such other statutory authority. (b) Collection by offset against a judgment obtained by a debtor against the United State will be accomplished in accordance with 31 U.S.C. 3728. | ||||
| 29:29:2.1.1.1.3.21.1.5 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | U | Subpart U—Debt-Collection Procedures by Administrative Offset | § 102.160 Agency responsibilities. | OWCP | [62 FR 55164, Oct. 23, 1997, as amended at 82 FR 11784, Feb. 24, 2017] | (a) The Agency will provide appropriate written or other guidance to Agency officials in carrying out this subpart, including the issuance of guidelines and instructions. The Agency will also take such administrative steps as may be appropriate to carry out the purposes and ensure the effective implementation of this subpart. (b) Before collecting a claim by means of administrative offset, the Agency must ensure that administrative offset is feasible, allowable and appropriate, and must notify the debtor of the Agency's policies for collecting a claim by means of administrative offset. (c) Whether collection by administrative offset is feasible is a determination to be made by the Agency on a case-by-case basis, in the exercise of sound discretion. The Agency shall consider not only whether administrative offset can be accomplished, both practically and legally, but also whether administrative offset will further and protect the best interests of the United States Government. In appropriate circumstances, the Agency may give due consideration to the debtor's financial condition, and it is not expected that administrative offset will be used in every available instance, particularly where there is another readily available source of funds. The Agency may also consider whether administrative offset would substantially interfere with or defeat the purposes of the program authorizing the payments against which offset is contemplated. (d) Administrative offset must be considered by the Agency only after attempting to collect a claim under 31 U.S.C. 3711(a). | ||||
| 29:29:2.1.1.1.3.21.1.6 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | U | Subpart U—Debt-Collection Procedures by Administrative Offset | § 102.161 Notification. | OWCP | [82 FR 11784, Feb. 24, 2017] | (a) The Agency must send a written demand to the debtor in terms which inform the debtor of the consequences of failure to cooperate. In the demand letter, the Agency must provide the name of an Agency employee who can provide a full explanation of the claim. When the Agency deems it appropriate to protect the Government's interests (for example, to prevent the statute of limitations, 28 U.S.C. 2415, from expiring), written demand may be preceded by other appropriate actions. (b) In accordance with guidelines established by the Agency, the Agency official responsible for collection of the debt must send written notice to the debtor, informing the debtor, as appropriate, of the: (1) Nature and amount of the Board's claim; (2) Date by which payment is to be made (which normally may be not more than 30 days from the date that the initial notification was mailed or hand delivered); (3) Agency's intent to collect by administrative offset and of the debtor's rights in conjunction with such an offset; (4) Agency's intent to collect, as appropriate, interest, penalties, administrative costs and attorneys fees; (5) Rights of the debtor to a full explanation of the claim, of the opportunity to inspect and copy Agency records with respect to the claim and to dispute any information in the Agency's records concerning the claim; (6) Debtor's right to administrative appeal or review within the Agency concerning the Agency's claim and how such review must be obtained; (7) Debtor's opportunity to enter into a written agreement with the Agency to repay the debt; and (8) Date on which, or after which, an administrative offset will begin. | ||||
| 29:29:2.1.1.1.3.21.1.7 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | U | Subpart U—Debt-Collection Procedures by Administrative Offset | § 102.162 Examination and copying of records related to the claim; opportunity for full explanation of the claim. | OWCP | Following receipt of the demand letter specified in § 102.161, and in conformity with Agency guidelines governing such requests, the debtor may request to examine and copy publicly available records pertaining to the debt, and may request a full explanation of the Agency's claim. | |||||
| 29:29:2.1.1.1.3.21.1.8 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | U | Subpart U—Debt-Collection Procedures by Administrative Offset | § 102.163 Opportunity for repayment. | OWCP | [82 FR 11785, Feb. 24, 2017] | (a) The Agency must afford the debtor the opportunity to repay the debt or enter into a repayment plan which is agreeable to the Agency and is in a written form signed by the debtor. The Agency may deem a repayment plan to be abrogated if the debtor, after the repayment plan is signed, fails to comply with the terms of the plan. (b) The Agency has discretion and may exercise sound judgment in determining whether to accept a repayment agreement in lieu of administrative offset. | ||||
| 29:29:2.1.1.1.3.21.1.9 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | U | Subpart U—Debt-Collection Procedures by Administrative Offset | § 102.164 Review of the obligation. | OWCP | [62 FR 55164, Oct. 23, 1997, as amended at 82 FR 11785, Feb. 24, 2017] | (a) The debtor shall have the opportunity to obtain review by the Agency of the determination concerning the existence or amount of the debt as set forth in the notice. In cases where the amount of the debt has been fully liquidated, the review is limited to ensuring that the liquidated amount is correctly represented in the notice. (b) The debtor seeking review shall make the request in writing to the Agency, not more than 15 days from the date the demand letter was received by the debtor. The request for review shall state the basis for challenging the determination. If the debtor alleges that the Agency's information relating to the debt is not accurate, timely, relevant or complete, the debtor shall provide information or documentation to support this allegation. (c) The Agency may effect an administrative offset against a payment to be made to a debtor prior to the completion of the due process procedures required by this subpart, if failure to take the offset would substantially prejudice the Agency's ability to collect the debt; for example, if the time before the payment is to be made would not reasonably permit the completion of due process procedures. Administrative offset effected prior to completion of due process procedures must be promptly followed by the completion of those procedures. Amounts recovered by administrative offset, but later found not owed to the Agency, will be promptly refunded. (d) Upon completion of the review, the Agency's reviewing official shall transmit to the debtor the Agency's decision. If appropriate, this decision shall inform the debtor of the scheduled date on or after which administrative offset will begin. The decision shall also, if appropriate, indicate any changes in information to the extent such information differs from that provided in the initial notification to the debtor under § 102.161. (e) Nothing in this subpart will preclude the Agency from sua sponte reviewing the obligation of the debtor, including reconsideration of the Agency's determination con… | ||||
| 29:29:2.1.1.1.3.22.1.1 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | V | Subpart V—Debt Collection Procedures By Federal Income Tax Refund Offset | § 102.168 Federal income tax refund offset; purpose and scope. | OWCP | [82 FR 11785, Feb. 24, 2017] | The regulations in this subpart specify the Agency procedures that will be followed to implement the federal income tax refund offset procedures set forth in 26 U.S.C. 6402(d) of the Internal Revenue Code (Code), 31 U.S.C. 3720A, and 301.6402-6 of the Treasury Regulations on Procedure and Administration (26 CFR 301.6402-6). This statute and the implementing regulations of the Internal Revenue Service (IRS) at 26 CFR 301.6402-6 authorize the IRS to reduce a tax refund by the amount of a past-due legally enforceable debt owed to the United States. The regulations apply to past-due legally enforceable debts owed to the Agency by individuals and business entities. The regulations are not intended to limit or restrict debtor access to any judicial remedies to which the debtor may otherwise be entitled. | ||||
| 29:29:2.1.1.1.3.22.1.2 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | V | Subpart V—Debt Collection Procedures By Federal Income Tax Refund Offset | § 102.169 Definitions. | OWCP | [62 FR 55166, Oct. 23, 1997, as amended at 82 FR 11785, Feb. 24, 2017] | (a) Tax refund offset refers to the IRS income tax refund offset program operated under authority of 31 U.S.C. 3720A. (b) Past-due legally enforceable debt is a delinquent debt administratively determined to be valid, whereon no more than 10 years have lapsed since the date of delinquency (unless reduced to judgment), and which is not discharged under a bankruptcy proceeding or subject to an automatic stay under 11 U.S.C. 362. (c) Individual refers to a taxpayer identified by a social security number (SSN). (d) Business entity refers to an entity identified by an employer identification number (EIN). (e) Taxpayer mailing address refers to the debtor's current mailing address as obtained from IRS. (f) Memorandum of understanding refers to the agreement between the Agency and IRS outlining the duties and responsibilities of the respective parties for participation in the tax refund offset program. | ||||
| 29:29:2.1.1.1.3.22.1.3 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | V | Subpart V—Debt Collection Procedures By Federal Income Tax Refund Offset | § 102.170 Agency referral to IRS for tax referral effect; Agency responsibilities. | OWCP | [62 FR 55166, Oct. 23, 1997, as amended at 82 FR 11785, Feb. 24, 2017] | (a) As authorized and required by law, the Agency may refer past-due legally enforceable debts to the Internal Revenue Service (IRS) for collection by offset from any overpayment of income tax that may otherwise be due to be refunded to the taxpayer. By the date and in the manner prescribed by the IRS, the Agency may refer for tax refund offset past-due legally enforceable debts. Such referrals shall include the following information: (1) Whether the debtor is an individual or a business entity; (2) The name and taxpayer identification number (SSN or EIN) of the debtor who is responsible for the debt; (3) The amount of the debt; and (4) A designation that the Agency is referring the debt and (as appropriate) Agency account identifiers. (b) The Agency will ensure the confidentiality of taxpayer information as required by the IRS in its Tax Information Security Guidelines. (c) As necessary, the Agency will submit updated information at the times and in the manner prescribed by the IRS to reflect changes in the status of debts or debtors referred for tax refund offset. (d) Amounts erroneously offset will be refunded by the Agency or the IRS in accordance with the Memorandum of Understanding. | ||||
| 29:29:2.1.1.1.3.22.1.4 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | V | Subpart V—Debt Collection Procedures By Federal Income Tax Refund Offset | § 102.171 Cost shifting. | OWCP | Costs incurred by the Agency in connection with referral of debts for tax refund offset will be added to the debt and thus increase the amount of the offset. Such costs may include administrative costs and attorneys fees. | |||||
| 29:29:2.1.1.1.3.22.1.5 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | V | Subpart V—Debt Collection Procedures By Federal Income Tax Refund Offset | § 102.172 Minimum referral amount. | OWCP | The minimum amount of a debt otherwise eligible for Agency referral to the IRS is $25 for individual debtors and $100 for business debtors. The amount referred may include the principal portion of the debt, as well as any accrued interest, penalties, administrative cost charges, and attorney fees. | |||||
| 29:29:2.1.1.1.3.22.1.6 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | V | Subpart V—Debt Collection Procedures By Federal Income Tax Refund Offset | § 102.173 Relation to other collection efforts. | OWCP | [62 FR 55166, Oct. 23, 1997, as amended at 82 FR 11785, Feb. 24, 2017] | (a) Tax refund offset is intended to be an administrative collection remedy to be used consistent with IRS requirements for participation in the program, and the costs and benefits of pursuing alternative remedies when the tax refund offset program is readily available. To the extent practical, the requirements of the program will be met by merging IRS requirements into the Agency's overall requirements for delinquent debt collection. (b) As appropriate, debts of an individual debtor of $100 or more will be reported to a consumer or commercial credit reporting agency before referral for tax refund offset. (c) Debts owed by individuals will be screened for administrative offset potential using the most current information reasonably available to the Agency, and will not be referred for tax refund offset where administrative offset potential is found to exist. | ||||
| 29:29:2.1.1.1.3.22.1.7 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | V | Subpart V—Debt Collection Procedures By Federal Income Tax Refund Offset | § 102.174 Debtor notification. | OWCP | [62 FR 55166, Oct. 23, 1997, as amended at 82 FR 11785, Feb. 24, 2017] | (a) The Agency must send appropriate written demand to the debtor in terms which inform the debtor of the consequences of failure to repay debts or claims owed to the Board. (b) Before the Agency refers a debt to the IRS for tax refund offset, it will make a reasonable attempt to notify the debtor that: (1) The debt is past-due; (2) Unless the debt is repaid or a satisfactory repayment agreement is established within 60 days thereafter, the debt will be referred to the IRS for offset from any overpayment of tax remaining after taxpayer liabilities of greater priority have been satisfied; and (3) The debtor will have a minimum of 60 days from the date of notification to present evidence that all or part of the debt is not past due or legally enforceable, and the Agency will consider this evidence in a review of its determination that the debt is past due and legally enforceable. The debtor will be advised where and to whom evidence is to be submitted. (c) The Agency will make a reasonable attempt to notify the debtor by using the most recent address information available to the Agency or obtained from the IRS, unless written notification to the Agency is received from the debtor stating that notices from the Agency are to be sent to a different address. (d) The notification required by paragraph (b) of this section and sent to the address specified in paragraph (c) of this section may, at the option of the Agency, be incorporated into demand letters required by paragraph (a) of this section. | ||||
| 29:29:2.1.1.1.3.22.1.8 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | V | Subpart V—Debt Collection Procedures By Federal Income Tax Refund Offset | § 102.175 Agency review of the obligation. | OWCP | [82 FR 11785, Feb. 24, 2017] | (a) The Agency official responsible for collection of the debt will consider any evidence submitted by the debtor as a result of the notification required by § 102.174 and notify the debtor of the result. If appropriate, the debtor will also be advised where and to whom to request a review of any unresolved dispute. (b) The debtor will be granted 30 days from the date of the notification required by paragraph (a) of this section to request a review of the determination of the Agency official responsible for collection of the debt on any unresolved dispute. The debtor will be advised of the result. | ||||
| 29:29:2.1.1.1.3.22.1.9 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | V | Subpart V—Debt Collection Procedures By Federal Income Tax Refund Offset | § 102.176 [Reserved] | OWCP | ||||||
| 29:29:2.1.1.1.3.23.1.1 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | W | Subpart W—Misconduct by Attorneys or Party Representatives | § 102.177 Exclusion from hearings; refusal of witness to answer questions; misconduct by attorneys and party representatives before the Agency; procedures for processing misconduct allegations. | OWCP | [82 FR 11785, Feb. 24, 2017] | (a) Any attorney or other representative appearing or practicing before the Agency must conform to the standards of ethical and professional conduct required of practitioners before the courts, and the Agency will be guided by those standards in interpreting and applying the provisions of this section. (b) Misconduct by any person at any hearing before an Administrative Law Judge, Hearing Officer, or the Board may be grounds for summary exclusion from the hearing. Notwithstanding the procedures set forth in paragraph (e) of this section for handling allegations of misconduct, the Administrative Law Judge, Hearing Officer, or Board has the authority in the proceeding in which the misconduct occurred to admonish or reprimand, after due notice, any person who engages in misconduct at a hearing. (c) The refusal of a witness at any such hearing to answer any question which has been ruled to be proper may, in the discretion of the Administrative Law Judge or Hearing Officer, be grounds for striking all testimony previously given by such witness on related matters. (d) Misconduct by an attorney or other representative at any stage of any Agency proceeding, including but not limited to misconduct at a hearing, may be grounds for discipline. Such misconduct of an aggravated character may be grounds for suspension and/or disbarment from practice before the Agency and/or other sanctions. (e) All allegations of misconduct pursuant to paragraph (d) of this section, except for those involving the conduct of Agency employees, will be handled in accordance with the following procedures: (1) Allegations that an attorney or party representative has engaged in misconduct may be brought to the attention of the Investigating Officer by any person. The Investigating Officer, for purposes of this paragraph (e)(1), is the head of the Division of Operations-Management, or designee. (2) The Investigating Officer or designee will conduct such investigation as is deemed appropriate and will have the usual powers of investigation provi… | ||||
| 29:29:2.1.1.1.3.24.1.1 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | X | Subpart X—Special Procedures When the Board Lacks a Quorum | § 102.178 Normal operations should continue. | OWCP | The policy of the National Labor Relations Board is that during any period when the Board lacks a quorum normal Agency operations should continue to the greatest extent permitted by law. | |||||
| 29:29:2.1.1.1.3.24.1.2 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | X | Subpart X—Special Procedures When the Board Lacks a Quorum | § 102.179 Motions for default judgment, summary judgment, or dismissal referred to Chief Administrative Law Judge. | OWCP | [82 FR 11786, Feb. 24, 2017] | During any period when the Board lacks a quorum, all motions for default judgment, summary judgment, or dismissal filed or pending pursuant to § 102.50 will be referred to the Chief Administrative Law Judge in Washington, DC, for ruling. Such rulings by the Chief Administrative Law Judge, and orders in connection therewith, may not be appealed directly to the Board, but will be considered by the Board in reviewing the record if exception to the ruling or order is included in the statement of exceptions filed with the Board pursuant to § 102.46. | ||||
| 29:29:2.1.1.1.3.24.1.3 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | X | Subpart X—Special Procedures When the Board Lacks a Quorum | § 102.180 Requests for special permission to appeal referred to Chief Administrative Law Judge. | OWCP | [82 FR 11786, Feb. 24, 2017] | During any period when the Board lacks a quorum, any request for special permission to appeal filed or pending pursuant to § 102.26 will be referred to the Chief Administrative Law Judge in Washington, DC, for ruling. Such rulings by the Chief Administrative Law Judge, and orders in connection therewith, may not be appealed directly to the Board, but will be considered by the Board in reviewing the record if exception to the ruling or order is included in the statement of exceptions filed with the Board pursuant to § 102.46. | ||||
| 29:29:2.1.1.1.3.24.1.4 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | X | Subpart X—Special Procedures When the Board Lacks a Quorum | § 102.181 Administrative and procedural requests referred to Executive Secretary. | OWCP | [82 FR 11786, Feb. 24, 2017] | During any period when the Board lacks a quorum, administrative and procedural requests that would normally be filed with the Office of the Executive Secretary for decision by the Board prior to the filing of a request for review under § 102.67, or exceptions under §§ 102.46 and 102.69, will be referred to the Executive Secretary for ruling. Rulings by the Executive Secretary, and orders in connection therewith, may not be appealed directly to the Board, but will be considered by the Board if such matters are raised by a party in its request for review or exceptions. | ||||
| 29:29:2.1.1.1.3.24.1.5 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | X | Subpart X—Special Procedures When the Board Lacks a Quorum | § 102.182 Representation cases should be processed to certification. | OWCP | [82 FR 11786, Feb. 24, 2017] | During any period when the Board lacks a quorum, the second proviso of § 102.67(b) regarding the automatic impounding of ballots will be suspended. To the extent practicable, all representation cases may continue to be processed and the appropriate certification should be issued by the Regional Director notwithstanding the pendency of a request for review, subject to revision or revocation by the Board pursuant to a request for review filed in accordance with this subpart. | ||||
| 29:29:2.1.1.1.3.3.1.1 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.9 Who may file; withdrawal and dismissal. | OWCP | Any person may file a charge alleging that any person has engaged in or is engaging in any unfair labor practice affecting commerce. The charge may be withdrawn, prior to the hearing, only with the consent of the Regional Director with whom such charge was filed; at the hearing and until the case has been transferred to the Board pursuant to § 102.45, upon motion, with the consent of the Administrative Law Judge designated to conduct the hearing; and after the case has been transferred to the Board pursuant to § 102.45, upon motion, with the consent of the Board. Upon withdrawal of any charge, any complaint based thereon will be dismissed by the Regional Director issuing the complaint, the Administrative Law Judge designated to conduct the hearing, or the Board. | |||||
| 29:29:2.1.1.1.3.3.1.10 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.18 Withdrawal. | OWCP | A complaint may be withdrawn before the hearing by the Regional Director on the Director's own motion. | |||||
| 29:29:2.1.1.1.3.3.1.11 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.19 Appeal to the General Counsel from refusal to issue or reissue. | OWCP | (a) If, after the charge has been filed, the Regional Director declines to issue a complaint or, having withdrawn a complaint pursuant to § 102.18, refuses to reissue it, the Director will so advise the parties in writing, accompanied by a simple statement of the procedural or other grounds for that action. The Charging Party may obtain a review of such action by filing the “Appeal Form” with the General Counsel in Washington, DC, and filing a copy of the “Appeal Form” with the Regional Director, within 14 days from the service of the notice of such refusal to issue or reissue by the Regional Director, except where a shorter period is provided by § 102.81. The Charging Party may also file a statement setting forth the facts and reasons upon which the appeal is based. If such a statement is timely filed, the separate “Appeal Form” need not be served. A request for extension of time to file an appeal must be in writing and be received by the General Counsel, and a copy of such request filed with the Regional Director, prior to the expiration of the filing period. Copies of the acknowledgment of the filing of an appeal and of any ruling on a request for an extension of time for filing of the appeal must be served on all parties. Consideration of an appeal untimely filed is within the discretion of the General Counsel upon good cause shown. (b) Oral presentation in Washington, DC, of the appeal issues may be permitted by a party on written request made within 4 days after service of acknowledgement of the filing of an appeal. In the event such request is granted, the other parties must be notified and afforded, without additional request, a like opportunity at another appropriate time. (c) The General Counsel may sustain the Regional Director's refusal to issue or reissue a complaint, stating the grounds of the affirmance, or may direct the Regional Director to take further action; the General Counsel's decision must be served on all the parties. A motion for reconsideration of the decision must be filed within 14 … | |||||
| 29:29:2.1.1.1.3.3.1.12 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.20 Answer to complaint; time for filing; contents; allegations not denied deemed admitted. | OWCP | The Respondent must, within 14 days from the service of the complaint, file an answer. The Respondent must specifically admit, deny, or explain each of the facts alleged in the complaint, unless the Respondent is without knowledge, in which case the Respondent must so state, such statement operating as a denial. All allegations in the complaint, if no answer is filed, or any allegation in the complaint not specifically denied or explained in an answer filed, unless the Respondent states in the answer that the Respondent is without knowledge, will be deemed to be admitted to be true and will be so found by the Board, unless good cause to the contrary is shown. | |||||
| 29:29:2.1.1.1.3.3.1.13 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.21 Where to file; service upon the parties; form. | OWCP | [82 FR 11754, Feb. 24, 2017, as amended at 82 FR 43697, Sept. 19, 2017] | An original and four copies of the answer shall be filed with the Regional Director issuing the complaint. Immediately upon the filing of the answer, Respondent shall serve a copy thereof on the other parties. An answer of a party represented by counsel or non-attorney representative shall be signed by at least one such attorney or non-attorney representative of record in his/her individual name, whose address shall be stated. A party who is not represented by an attorney or non-attorney representative shall sign his/her answer and state his/her address. Except when otherwise specifically provided by rule or statute, an answer need not be verified or accompanied by affidavit. The signature of the attorney or non-attorney party representative constitutes a certificate by him/her that he/she has read the answer; that to the best of his/her knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. If an answer is not signed or is signed with intent to defeat the purpose of this section, it may be stricken as sham and false and the action may proceed as though the answer had not been served. For a willful violation of this section an attorney or non-attorney party representative may be subjected to appropriate disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted. | ||||
| 29:29:2.1.1.1.3.3.1.14 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.22 Extension of time for filing. | OWCP | Upon the Regional Director's own motion or upon proper cause shown by any other party, the Regional Director issuing the complaint may by written order extend the time within which the answer must be filed. | |||||
| 29:29:2.1.1.1.3.3.1.15 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.23 Amendment. | OWCP | The Respondent may amend its answer at any time prior to the hearing. During the hearing or subsequently, the Respondent may amend the answer in any case where the complaint has been amended, within such period as may be fixed by the Administrative Law Judge or the Board. Whether or not the complaint has been amended, the answer may, in the discretion of the Administrative Law Judge or the Board, upon motion, be amended upon such terms and within such periods as may be fixed by the Administrative Law Judge or the Board. | |||||
| 29:29:2.1.1.1.3.3.1.16 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.24 Motions; where to file; contents; service on other parties; promptness in filing and response; default judgment procedures; summary judgment procedures. | OWCP | [82 FR 11754, Feb. 24, 2017, as amended at 89 FR 50224, June 13, 2024] | (a) All motions under §§ 102.22 and 102.29 made prior to the hearing must be filed in writing with the Regional Director issuing the complaint. All motions for default judgment, summary judgment, or dismissal made prior to the hearing must be filed in writing with the Board pursuant to the provisions of § 102.50. All other motions made prior to the hearing, including motions to reschedule the hearing under circumstances other than those set forth in § 102.16(a), must be filed in writing with the Chief Administrative Law Judge, the Deputy Chief Administrative Law Judge, or an Associate Chief Administrative Law Judge, as the case may be. All motions made at the hearing must be made in writing to the Administrative Law Judge or stated orally on the record. All motions filed subsequent to the hearing, but before the transfer of the case to the Board pursuant to § 102.45, must be filed with the Administrative Law Judge, care of the Chief Administrative Law Judge, the Deputy Chief Administrative Law Judge, or an Associate Chief Administrative Law Judge, as the case may be. Motions must briefly state the order or relief applied for and the grounds therefor. All motions filed with a Regional Director or an Administrative Law Judge as set forth in this paragraph (a) must be filed together with an affidavit of service on the parties. All motions filed with the Board, including motions for default judgment, summary judgment, or dismissal, must be filed with the Executive Secretary of the Board in Washington, DC, together with an affidavit of service on the parties. Unless otherwise provided in this part, motions, oppositions, and replies must be filed promptly and within such time as not to delay the proceeding. (b) All motions for summary judgment or dismissal must be filed with the Board no later than 28 days prior to the scheduled hearing. Where no hearing is scheduled, or where the hearing is scheduled less than 28 days after the date for filing an answer to the complaint or compliance specification, whichever is appli… | ||||
| 29:29:2.1.1.1.3.3.1.17 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.25 Ruling on motions. | OWCP | An Administrative Law Judge designated by the Chief Administrative Law Judge, the Deputy Chief Administrative Law Judge, or an Associate Chief Administrative Law Judge as the case may be, will rule on all prehearing motions (except as provided in §§ 102.16, 102.22, 102.29, and 102.50), and all such rulings and orders will be issued in writing and a copy served on each of the parties. The Administrative Law Judge designated to conduct the hearing will rule on all motions after opening of the hearing (except as provided in § 102.47), and any related orders, if announced at the hearing, will be stated orally on the record; in all other cases, the Administrative Law Judge will issue such rulings and orders in writing and must cause a copy to be served on each of the parties, or will make the ruling in the decision. Whenever the Administrative Law Judge has reserved ruling on any motion, and the proceeding is thereafter transferred to and continued before the Board pursuant to § 102.50, the Board must rule on such motion. | |||||
| 29:29:2.1.1.1.3.3.1.18 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.26 Motions; rulings and orders part of the record; rulings not to be appealed directly to the Board without special permission; requests for special permission to appeal. | OWCP | All motions, rulings, and orders will become a part of the record, except that rulings on motions to revoke subpoenas will become a part of the record only upon the request of the party aggrieved thereby as provided in § 102.31. Unless expressly authorized by the Rules and Regulations, rulings by the Regional Director or by the Administrative Law Judge on motions and/or by the Administrative Law Judge on objections, and related orders, may not be appealed directly to the Board except by special permission of the Board, but will be considered by the Board in reviewing the record if exception to the ruling or order is included in the statement of exceptions filed with the Board pursuant to § 102.46. Requests to the Board for special permission to appeal from a ruling of the Regional Director or of the Administrative Law Judge, together with the appeal from such ruling, must be filed in writing promptly and within such time as not to delay the proceeding, and must briefly state the reasons special permission may be granted and the grounds relied on for the appeal. The moving party must simultaneously serve a copy of the request for special permission and of the appeal on the other parties and, if the request involves a ruling by an Administrative Law Judge, on the Administrative Law Judge. Any statement in opposition or other response to the request and/or to the appeal must be filed within 7 days of receipt of the appeal, in writing, and must be served simultaneously on the other parties and on the Administrative Law Judge, if any. If the Board grants the request for special permission to appeal, it may proceed immediately to rule on the appeal. | |||||
| 29:29:2.1.1.1.3.3.1.19 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.27 Review of granting of motion to dismiss entire complaint; reopening of the record. | OWCP | If any motion in the nature of a motion to dismiss the complaint in its entirety is granted by the Administrative Law Judge before the filing of the Judge's decision, any party may obtain a review of such action by filing a request with the Board in Washington, DC, stating the grounds for review, and, immediately on such filing must serve a copy on the Regional Director and on the other parties. Unless such request for review is filed within 28 days from the date of the order of dismissal, the case will be closed. | |||||
| 29:29:2.1.1.1.3.3.1.2 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.10 Where to file. | OWCP | Except as provided in § 102.33, a charge must be filed with the Regional Director for the Region in which the alleged unfair labor practice has occurred or is occurring. A charge alleging that an unfair labor practice has occurred or is occurring in two or more Regions may be filed with the Regional Director for any of those Regions. | |||||
| 29:29:2.1.1.1.3.3.1.20 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.28 Filing of answer or other participation in proceedings not a waiver of rights. | OWCP | The right to make motions or to make objections to rulings upon motions will not be deemed waived by the filing of an answer or by other participation in the proceedings before the Administrative Law Judge or the Board. | |||||
| 29:29:2.1.1.1.3.3.1.21 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.29 Intervention; requisites; rulings on motions to intervene. | OWCP | Any person desiring to intervene in any proceeding must file a motion in writing or, if made at the hearing, may move orally on the record, stating the grounds upon which such person claims an interest. Prior to the hearing, such a motion must be filed with the Regional Director issuing the complaint; during the hearing, such motion must be made to the Administrative Law Judge. Immediately upon filing a written motion, the moving party must serve a copy on the other parties. The Regional Director will rule upon all such motions filed prior to the hearing, and will serve a copy of the rulings on the other parties, or may refer the motion to the Administrative Law Judge for ruling. The Administrative Law Judge will rule upon all such motions made at the hearing or referred to the Judge by the Regional Director, in the manner set forth in § 102.25. The Regional Director or the Administrative Law Judge, as the case may be, may, by order, permit intervention in person, or by counsel or other representative, to such extent and upon such terms as may be deemed proper. | |||||
| 29:29:2.1.1.1.3.3.1.22 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.30 Depositions; examination of witnesses. | OWCP | [82 FR 11754, Feb. 24, 2017, as amended at 82 FR 43696, 43967, Sept. 19, 2017] | Witnesses must be examined orally under oath at a hearing, except that for good cause shown after the issuance of a complaint, testimony may be taken by deposition. (a) Applications to take depositions, including deposition testimony contemporaneously transmitted by videoconference, must be in writing and set forth the reasons why the depositions may be taken, the name, mailing address and email address (if available) of the witness, the matters concerning which it is expected the witness will testify, and the time and place proposed for taking the deposition, together with the name and mailing and email addresses of the person before whom it is desired that the deposition be taken (for the purposes of this section hereinafter referred to as the “officer”). Such application must be made to the Regional Director prior to the hearing, and to the Administrative Law Judge during and subsequent to the hearing but before transfer of the case to the Board pursuant to § 102.45 or § 102.50. Such application must be served on the Regional Director or the Administrative Law Judge, as the case may be, and on all other parties, not less than 7 days (when the deposition is to be taken within the continental United States) and 15 days (if the deposition is to be taken elsewhere) prior to the time when it is desired that the deposition be taken. The Regional Director or the Administrative Law Judge, as the case may be, will upon receipt of the application, if in the Regional Director's or Administrative Law Judge's discretion, good cause has been shown, make and serve on the parties an order specifying the name of the witness whose deposition is to be taken and the time, place, and designation of the officer before whom the witness is to testify, who may or may not be the same officer as that specified in the application. Such order will be served on all the other parties by the Regional Director or on all parties by the Administrative Law Judge. (b) The deposition may be taken before any officer authorized to administer oaths… | ||||
| 29:29:2.1.1.1.3.3.1.23 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.31 Issuance of subpoenas; petitions to revoke subpoenas; rulings on claim of privilege against self-incrimination; subpoena enforcement proceedings; right to inspect or copy data. | OWCP | (a) The Board or any Board Member will, on the written application of any party, issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence, including books, records, correspondence, electronic data, or documents, in their possession or under their control. The Executive Secretary has the authority to sign and issue any such subpoenas on behalf of the Board or any Board Member. Applications for subpoenas, if filed before the hearing opens, must be filed with the Regional Director. Applications for subpoenas filed during the hearing must be filed with the Administrative Law Judge. Either the Regional Director or the Administrative Law Judge, as the case may be, will grant the application on behalf of the Board or any Member. Applications for subpoenas may be made ex parte. The subpoena must show on its face the name and address of the party at whose request the subpoena was issued. (b) Any person served with a subpoena, whether ad testificandum or duces tecum, if that person does not intend to comply with the subpoena, must, within 5 business days after the date of service of the subpoena, petition in writing to revoke the subpoena. The date of service for purposes of computing the time for filing a petition to revoke is the date the subpoena is received. All petitions to revoke subpoenas must be served on the party at whose request the subpoena was issued. A petition to revoke, if made prior to the hearing, must be filed with the Regional Director and the Regional Director will refer the petition to the Administrative Law Judge or the Board for ruling. Petitions to revoke subpoenas filed during the hearing must be filed with the Administrative Law Judge. Petitions to revoke subpoenas filed in response to a subpoena issued upon request of the Agency's Contempt, Compliance, and Special Litigation Branch must be filed with that Branch, which will refer the petition to the Board for ruling. Notice of the filing of petitions to revoke will be promptly given by the Reg… | |||||
| 29:29:2.1.1.1.3.3.1.24 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.32 Payment of witness fees and mileage; fees of officer who transcribes deposition or video testimony. | OWCP | [82 FR 43696, Sept. 19, 2017] | Witnesses summoned before the Administrative Law Judge must be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken or who testify by videoconference and the officer who transcribes the testimony shall severally be entitled to the same fees as are paid for like services in the courts of the United States, and those fees shall be paid by the party at whose instance the deposition is taken. | ||||
| 29:29:2.1.1.1.3.3.1.25 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.33 Transfer of charge and proceeding from Region to Region; consolidation of proceedings in same Region; severance. | OWCP | (a) Whenever the General Counsel deems it necessary to effectuate the purposes of the Act or to avoid unnecessary costs or delay, a charge may be filed with the General Counsel in Washington, DC, or, at any time after a charge has been filed with a Regional Director, the General Counsel may order that such charge and any proceeding regarding the charge be: (1) Transferred to and continued before the General Counsel for investigation or consolidation with any other proceeding which may have been instituted in a Regional Office or with the General Counsel; or (2) Consolidated with any other proceeding which may have been instituted in the same region; or (3) Transferred to and continued in any other Region for the purpose of investigation or consolidation with any proceeding which may have been instituted in or transferred to such other region; or (4) Severed from any other proceeding with which it may have been consolidated pursuant to this section. (b) The provisions of §§ 102.9 through 102.32 will, insofar as applicable, govern proceedings before the General Counsel, pursuant to this section, and the powers granted to Regional Directors in such provisions will, for the purpose of this section, be reserved to and exercised by the General Counsel. After the transfer of any charge and any proceeding which may have been instituted with respect thereto from one Region to another pursuant to this section, the provisions of this subpart will, insofar as possible, govern such charge and such proceeding as if the charge had originally been filed in the Region to which the transfer is made. (c) The Regional Director may, prior to hearing, exercise the powers in paragraphs (a)(2) and (4) of this section with respect to proceedings pending in the Director's Region. (d) Motions to consolidate or sever proceedings after issuance of complaint must be filed as provided in § 102.24 and ruled upon as provided in § 102.25, except that the Regional Director may consolidate or sever proceedings prior to hearing upon the Direc… | |||||
| 29:29:2.1.1.1.3.3.1.26 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.34 Who will conduct hearing; public unless otherwise ordered. | OWCP | The hearing for the purpose of taking evidence upon a complaint will be conducted by an Administrative Law Judge designated by the Chief Administrative Law Judge, Deputy Chief Administrative Law Judge, or any Associate Chief Judge, as the case may be, unless the Board or any Board Member presides. At any time, an Administrative Law Judge may be designated to take the place of the Administrative Law Judge previously designated to conduct the hearing. Hearings will be public unless otherwise ordered by the Board or the Administrative Law Judge. | |||||
| 29:29:2.1.1.1.3.3.1.27 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.35 Duties and powers of Administrative Law Judges; stipulations of cases to Administrative Law Judges or to the Board; assignment and powers of settlement judges. | OWCP | [82 FR 11754, Feb. 24, 2017, as amended at 82 FR 43696, Sept. 19, 2017] | (a) The Administrative Law Judge will inquire fully into the facts as to whether the Respondent has engaged in or is engaging in an unfair labor practice affecting commerce as set forth in the complaint or amended complaint. The Administrative Law Judge has authority, with respect to cases assigned to the Judge, between the time the Judge is designated and transfer of the case to the Board, subject to the Rules and Regulations of the Board and within its powers, to: (1) Administer oaths and affirmations. (2) Grant applications for subpoenas. (3) Rule upon petitions to revoke subpoenas. (4) Rule upon offers of proof and receive relevant evidence. (5) Take or cause depositions to be taken whenever the ends of justice would be served. (6) Regulate the course of the hearing and, if appropriate or necessary, to exclude persons or counsel from the hearing for contemptuous conduct and to strike all related testimony of witnesses refusing to answer any proper question. (7) Hold conferences for the settlement or simplification of the issues by consent of the parties, but not to adjust cases. (8) Dispose of procedural requests, motions, or similar matters, including motions referred to the Administrative Law Judge by the Regional Director and motions for default judgment, summary judgment, or to amend pleadings; also to dismiss complaints or portions thereof; to order hearings reopened; and, upon motion, to order proceedings consolidated or severed prior to issuance of Administrative Law Judge decisions. (9) Approve stipulations, including stipulations of facts that waive a hearing and provide for a decision by the Administrative Law Judge. Alternatively, the parties may agree to waive a hearing and decision by an Administrative Law Judge and submit directly to the Executive Secretary a stipulation of facts, which, if approved, provides for a decision by the Board. A statement of the issues presented may be set forth in the stipulation of facts, and each party may also submit a short statement (no more than three … | ||||
| 29:29:2.1.1.1.3.3.1.28 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.36 Disqualification and unavailability of Administrative Law Judges. | OWCP | (a) An Administrative Law Judge may withdraw from a proceeding because of a personal bias or for other disqualifying reasons. Any party may request the Administrative Law Judge, at any time following the Judge's designation and before filing of the Judge's decision, to withdraw on grounds of personal bias or disqualification, by filing with the Judge promptly upon the discovery of the alleged facts a timely affidavit setting forth in detail the matters alleged to constitute grounds for disqualification. If, in the Administrative Law Judge's opinion, the affidavit is filed with due diligence and is sufficient on its face, the Judge will promptly disqualify himself/herself and withdraw from the proceeding. If the Administrative Law Judge does not disqualify himself/herself and withdraw from the proceeding, the Judge must rule upon the record, stating the grounds for that ruling, and proceed with the hearing, or, if the hearing has closed, the Judge will proceed with issuance of the decision, and the provisions of § 102.26, with respect to review of rulings of Administrative Law Judges, will apply. (b) If the Administrative Law Judge designated to conduct the hearing becomes unavailable to the Board after the hearing has been opened, the Chief Administrative Law Judge, Deputy Chief Administrative Law Judge, or an Associate Chief Administrative Law Judge, as the case may be, may designate another Administrative Law Judge for the purpose of further hearing or other appropriate action. | |||||
| 29:29:2.1.1.1.3.3.1.29 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.37 [Reserved] | OWCP | ||||||
| 29:29:2.1.1.1.3.3.1.3 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.11 Signature; sworn; declaration. | OWCP | Charges must be in writing and signed, and either must be sworn to before a notary public, Board agent, or other person duly authorized by law to administer oaths and take acknowledgments or must contain a declaration by the person signing it, under the penalty of perjury that its contents are true and correct (see 28 U.S.C. 1746). | |||||
| 29:29:2.1.1.1.3.3.1.30 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.38 Rights of parties. | OWCP | Any party has the right to appear at the hearing in person, by counsel, or by other representative, to call, examine, and cross-examine witnesses, and to introduce into the record documentary or other evidence, except that the Administrative Law Judge may limit the participation of any party as appropriate. Documentary evidence must be submitted in duplicate for the record with a copy to each party. | |||||
| 29:29:2.1.1.1.3.3.1.31 | 29 | Labor | I | 102 | PART 102—RULES AND REGULATIONS, SERIES 8 | C | Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices | § 102.39 Rules of evidence controlling so far as practicable. | OWCP | The hearing will, so far as practicable, be conducted in accordance with the rules of evidence applicable in the district courts of the United States under the rules of civil procedure for the district courts of the United States, adopted by the Supreme Court of the United States pursuant to the Act of June 19, 1934 (U.S.C., title 28, Sections 723-B, 723-C). |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
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agency TEXT,
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source_citation TEXT,
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