Representation Case Procedures, 58075-58076 [2023-18130]
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Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations
58075
TABLE 6 TO PARAGRAPH (b)(5)—Continued
Title
Number
Legal Adviser Attorney Employment Application Records ....................................................................................................................
Office of Inspector General Investigation Management System ...........................................................................................................
Overseas Citizens Services Records ....................................................................................................................................................
Personality Cross-Reference Index to the Secretariat Automated Data Index .....................................................................................
Records Maintained by the Office of Civil Rights ..................................................................................................................................
Records of the Office of White House Liaison ......................................................................................................................................
Risk Analysis and Management Records ..............................................................................................................................................
Rover Records .......................................................................................................................................................................................
Security Records ....................................................................................................................................................................................
Senior Personnel Appointments Records ..............................................................................................................................................
(6) Exempt under 5 U.S.C. 552a(k)(6).
Records contained within the following
systems of records are exempt under
this section to the extent that they
consist of testing or examination
material used solely to determine
individual qualifications for
appointment or promotion in the
STATE–20.
STATE–53.
STATE–25.
STATE–28.
STATE–09.
STATE–34.
STATE–78.
STATE–41.
STATE–36.
STATE–47.
Federal service the disclosure of which
would compromise the objectivity or
fairness of the testing or examination
process.
TABLE 7 TO PARAGRAPH (b)(6)
Title
Number
Foreign Service Institute Records ..........................................................................................................................................................
Human Resources Records ...................................................................................................................................................................
Information Access Programs Records .................................................................................................................................................
Records Maintained by the Office of Civil Rights ..................................................................................................................................
Security Records ....................................................................................................................................................................................
(7) Exempt under 5 U.S.C. 552a(k)(7).
Records contained within the following
systems of records are exempt under
this section to the extent that they
consist of evaluation material used to
determine potential for promotion in the
STATE–14.
STATE–31.
STATE–35.
STATE–09.
STATE–36.
armed services, but only to the extent
that such disclosure would reveal the
identity of a confidential informant.
TABLE 8 TO PARAGRAPH (b)(7)
Title
Number
Human Resources Records ...................................................................................................................................................................
Information Access Programs Records .................................................................................................................................................
Overseas Citizens Services Records ....................................................................................................................................................
Personality Cross-Reference Index to the Secretariat Automated Data Index .....................................................................................
Personality Index to the Central Foreign Policy Records ......................................................................................................................
Security Records ....................................................................................................................................................................................
Eric F. Stein,
Deputy Assistant Secretary, Global
Information Services (A/GIS), Department of
State.
[FR Doc. 2023–18143 Filed 8–24–23; 8:45 am]
BILLING CODE 4710–AD–P
NATIONAL LABOR RELATIONS
BOARD
29 CFR Part 102
ddrumheller on DSK120RN23PROD with RULES1
RIN 3142–AA12
Representation Case Procedures
AGENCY:
National Labor Relations
Board.
ACTION:
Final rule; stay of effective date.
On March 10, 2023, the
National Labor Relations Board (Board)
stayed two provisions of its 2019 final
SUMMARY:
VerDate Sep<11>2014
16:25 Aug 24, 2023
Jkt 259001
rule (‘‘2019 Final Rule’’) amending its
representation case procedures. The two
provisions, which have never been in
effect, were stayed until September 10,
2023 to account for new court decisions
and because the Board was considering
whether to revise or rescind the 2019
Final Rule, including potential revisions
to the two provisions. In a rule that
published in this edition of the Federal
Register, the Board rescinds those
provisions, among other changes. In
light the new rule, and to ensure the two
provisions do not go into effect for only
a short period of time, the September
10, 2023 stay of the two provisions is
extended to December 26, 2023, the date
on which the rule repealing the two
provisions is effective.
As of August 25, 2023, the
amendments to 29 CFR 102.64(a) and 29
CFR 102.67(b) in the final rule that
DATES:
PO 00000
Frm 00011
Fmt 4700
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STATE–31.
STATE–35.
STATE–25.
STATE–28.
STATE–29.
STATE–36.
published at 84 FR 69524, on December
18, 2019, and delayed at 85 FR 17500
(March 30, 2020) and 88 FR 14913
(March 10, 2023), are stayed from
September 10, 2023, until December 26,
2023.
FOR FURTHER INFORMATION CONTACT:
Roxanne L. Rothschild, Executive
Secretary, National Labor Relations
Board, 1015 Half St. SE, Washington,
DC 20570–0001, (202) 273–2940 (this is
not a toll-free number), 1–866–315–6572
(TTY/TDD).
SUPPLEMENTARY INFORMATION: On
December 18, 2019, the Board published
the 2019 Final Rule amending various
aspects of its representation case
procedures. Representation-Case
Procedures, 84 FR 69524 (Dec. 18,
2019). The Board published the 2019
Final Rule as ‘‘a procedural rule which
is exempt from notice and public
E:\FR\FM\25AUR1.SGM
25AUR1
ddrumheller on DSK120RN23PROD with RULES1
58076
Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations
comment . . . as a rule of ‘agency
organization, procedure, or practice.’ ’’
Id. at 69587. On March 30, 2020, the
Board delayed the effective date of the
2019 Final Rule to May 31, 2020.
Representation Case Procedures, 85 FR
17500 (Mar. 30, 2020).
On May 30, 2020, the United States
District Court for the District of
Columbia issued an order in AFL–CIO v.
NLRB, Civ. No. 20–cv–0675, vacating
five provisions of the 2019 Final Rule
and enjoining their implementation. 466
F. Supp. 3d 68 (D.D.C. 2020). The
District Court concluded that each of the
five provisions was substantive, not
procedural, in nature, and that the
Board therefore violated the
Administrative Procedure Act by failing
to use notice and comment rulemaking.
Id. at 92.
On January 17, 2023, the United
States Court of Appeals for the District
of Columbia Circuit issued a decision
and order reversing the District Court as
to two of the five provisions, agreeing
with the Board that those provisions
were procedural in nature and not
subject to notice and comment
rulemaking. AFL–CIO v. NLRB, 57 F. 4th
1023, 1043–1046 (D.C. Cir. 2023). The
two provisions are: (1) an amendment to
29 CFR 102.64(a) allowing the parties to
litigate disputes over unit scope and
voter eligibility prior to the election; 1
and (2) an amendment to 29 CFR
102.67(b) instructing Regional Directors
not to schedule elections before the 20th
business day after the date of the
direction of election.2 The D.C. Circuit
remanded the case to the District Court
to consider two counts in the complaint
that challenge those two provisions and
that remain viable in light of its
decision.
Due to the District Court’s injunction,
these two provisions had never taken
effect. Accordingly, before the D.C.
Circuit’s mandate issued on March 13,
2023 and the District Court’s injunction
was lifted, the Board changed the
effective date of the two provisions from
the original May 31, 2020 effective date
to September 10, 2023, approximately
six months from the D.C. Circuit’s
mandate. Representation Case
Procedures, 88 FR 14913 (Mar. 10,
2023). The Board determined that a
delayed effective date was necessary
and appropriate, in part, because it was
considering whether to revise or repeal
the 2019 Final Rule, including potential
revisions to the two provisions. Id.
In a final rule published in this issue
of the Federal Register, the Board has
decided to repeal those two provisions,
1 84
2 84
FR at 69593.
FR at 69595.
VerDate Sep<11>2014
16:25 Aug 24, 2023
Jkt 259001
as well as other provisions in the 2019
Final Rule. In light of today’s rule, the
Board has decided to stay the effective
date of the two provisions from
September 10, 2023 to December 26,
2023, the effective date of the rule
repealing the two provisions. A further
stay of these provisions will avoid the
possible waste of administrative
resources and public uncertainty if the
provisions were to go into effect only for
a short period of time before their
repeal. Because the two provisions have
never been in effect, the amendment to
their effective date merely extends the
status quo.
This change in effective date is
published as a final rule. The Board
considers this rule to be a procedural
rule that is exempt from notice and
public comment, pursuant to 5 U.S.C.
553(b)(A), because it concerns a rule of
‘‘agency organization, procedure, or
practice.’’
Dissenting Opinion of Member Kaplan
Today, my colleagues once again stay
the implementation of the unit-scopeand-eligibility and 20-days rules, both of
which were part of the 2019 Final Rule.
They do so because, in a companion
final rule issued today, they have
decided to repeal these two provisions,
along with other provisions of the 2019
Final Rule. I disagree with my
colleagues’ decision to rescind these
two provisions and with their
concomitant decision to stay
implementation for the reasons stated in
my dissent to their earlier stay,
Representation Case Procedures, 88 FR
14913, 14914–14916 (March 10, 2023),
and my dissent to the companion final
rule issued today.
Dated: August 18, 2023.
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2023–18130 Filed 8–24–23; 8:45 am]
BILLING CODE 7545–01–P
NATIONAL LABOR RELATIONS
BOARD
29 CFR Part 102
RIN 3142–AA18
Representation-Case Procedures
AGENCY:
National Labor Relations
Board.
ACTION:
Direct final rule.
The National Labor Relations
Board has decided to issue this final
rule for the purpose of carrying out the
National Labor Relations Act, which
protects the exercise by workers of full
freedom of association, self-
SUMMARY:
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
organization, and designation of
representatives of their own choosing
for the purpose of negotiating the terms
and conditions of their employment or
other mutual aid or protection. While
retaining the essentials of existing
representation case procedures, this rule
substantially rescinds the amendments
made by a rule the Board promulgated
in 2019 (which has been the subject of
ongoing litigation) and thereby
substantially returns representation case
procedures to those that existed
following the Board’s promulgation of a
rule concerning representation case
procedures in 2014 (which was
uniformly upheld by the federal courts).
By doing so, this rule effectuates what
the Board deems to be appropriate
policy choices that enhance the fair,
efficient, and expeditious resolution of
representation cases.
DATES: This rule is effective December
26, 2023.
FOR FURTHER INFORMATION CONTACT:
Roxanne L. Rothschild, Executive
Secretary, National Labor Relations
Board, 1015 Half Street SE, Washington,
DC 20570–0001, (202) 273–2917 (this is
not a toll-free number), 1–866–315–6572
(TTY/TDD).
SUPPLEMENTARY INFORMATION:
I. Background on the Rulemaking
The National Labor Relations Board
(the Board) administers the National
Labor Relations Act (the Act) which,
among other things, governs the
formation of collective-bargaining
relationships between employers and
groups of employees in the private
sector. Section 7 of the Act, 29 U.S.C.
157, gives employees the right to
bargain collectively through
representatives of their own choosing
and to refrain from such activity.
When employees and employers are
unable to agree whether employees
should be represented for purposes of
collective bargaining, Section 9 of the
Act, 29 U.S.C. 159, gives the Board the
authority to resolve the question of
representation. The Supreme Court has
recognized that ‘‘Congress has entrusted
the Board with a wide degree of
discretion in establishing the procedure
and safeguards necessary to insure the
fair and free choice of bargaining
representatives by employees.’’ NLRB v.
A.J. Tower Co., 329 U.S. 324, 330 (1946).
‘‘The control of the election proceeding,
and the determination of the steps
necessary to conduct that election fairly
were matters which Congress entrusted
to the Board alone.’’ NLRB v. Waterman
Steamship Corp., 309 U.S. 206, 226
(1940); see Southern Steamship Co. v.
NLRB, 316 U.S. 31, 37 (1942).
E:\FR\FM\25AUR1.SGM
25AUR1
]]>Agencies
[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Rules and Regulations]
[Pages 58075-58076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18130]
=======================================================================
-----------------------------------------------------------------------
NATIONAL LABOR RELATIONS BOARD
29 CFR Part 102
RIN 3142-AA12
Representation Case Procedures
AGENCY: National Labor Relations Board.
ACTION: Final rule; stay of effective date.
-----------------------------------------------------------------------
SUMMARY: On March 10, 2023, the National Labor Relations Board (Board)
stayed two provisions of its 2019 final rule (``2019 Final Rule'')
amending its representation case procedures. The two provisions, which
have never been in effect, were stayed until September 10, 2023 to
account for new court decisions and because the Board was considering
whether to revise or rescind the 2019 Final Rule, including potential
revisions to the two provisions. In a rule that published in this
edition of the Federal Register, the Board rescinds those provisions,
among other changes. In light the new rule, and to ensure the two
provisions do not go into effect for only a short period of time, the
September 10, 2023 stay of the two provisions is extended to December
26, 2023, the date on which the rule repealing the two provisions is
effective.
DATES: As of August 25, 2023, the amendments to 29 CFR 102.64(a) and 29
CFR 102.67(b) in the final rule that published at 84 FR 69524, on
December 18, 2019, and delayed at 85 FR 17500 (March 30, 2020) and 88
FR 14913 (March 10, 2023), are stayed from September 10, 2023, until
December 26, 2023.
FOR FURTHER INFORMATION CONTACT: Roxanne L. Rothschild, Executive
Secretary, National Labor Relations Board, 1015 Half St. SE,
Washington, DC 20570-0001, (202) 273-2940 (this is not a toll-free
number), 1-866-315-6572 (TTY/TDD).
SUPPLEMENTARY INFORMATION: On December 18, 2019, the Board published
the 2019 Final Rule amending various aspects of its representation case
procedures. Representation-Case Procedures, 84 FR 69524 (Dec. 18,
2019). The Board published the 2019 Final Rule as ``a procedural rule
which is exempt from notice and public
[[Page 58076]]
comment . . . as a rule of `agency organization, procedure, or
practice.' '' Id. at 69587. On March 30, 2020, the Board delayed the
effective date of the 2019 Final Rule to May 31, 2020. Representation
Case Procedures, 85 FR 17500 (Mar. 30, 2020).
On May 30, 2020, the United States District Court for the District
of Columbia issued an order in AFL-CIO v. NLRB, Civ. No. 20-cv-0675,
vacating five provisions of the 2019 Final Rule and enjoining their
implementation. 466 F. Supp. 3d 68 (D.D.C. 2020). The District Court
concluded that each of the five provisions was substantive, not
procedural, in nature, and that the Board therefore violated the
Administrative Procedure Act by failing to use notice and comment
rulemaking. Id. at 92.
On January 17, 2023, the United States Court of Appeals for the
District of Columbia Circuit issued a decision and order reversing the
District Court as to two of the five provisions, agreeing with the
Board that those provisions were procedural in nature and not subject
to notice and comment rulemaking. AFL-CIO v. NLRB, 57 F. 4th 1023,
1043-1046 (D.C. Cir. 2023). The two provisions are: (1) an amendment to
29 CFR 102.64(a) allowing the parties to litigate disputes over unit
scope and voter eligibility prior to the election; \1\ and (2) an
amendment to 29 CFR 102.67(b) instructing Regional Directors not to
schedule elections before the 20th business day after the date of the
direction of election.\2\ The D.C. Circuit remanded the case to the
District Court to consider two counts in the complaint that challenge
those two provisions and that remain viable in light of its decision.
---------------------------------------------------------------------------
\1\ 84 FR at 69593.
\2\ 84 FR at 69595.
---------------------------------------------------------------------------
Due to the District Court's injunction, these two provisions had
never taken effect. Accordingly, before the D.C. Circuit's mandate
issued on March 13, 2023 and the District Court's injunction was
lifted, the Board changed the effective date of the two provisions from
the original May 31, 2020 effective date to September 10, 2023,
approximately six months from the D.C. Circuit's mandate.
Representation Case Procedures, 88 FR 14913 (Mar. 10, 2023). The Board
determined that a delayed effective date was necessary and appropriate,
in part, because it was considering whether to revise or repeal the
2019 Final Rule, including potential revisions to the two provisions.
Id.
In a final rule published in this issue of the Federal Register,
the Board has decided to repeal those two provisions, as well as other
provisions in the 2019 Final Rule. In light of today's rule, the Board
has decided to stay the effective date of the two provisions from
September 10, 2023 to December 26, 2023, the effective date of the rule
repealing the two provisions. A further stay of these provisions will
avoid the possible waste of administrative resources and public
uncertainty if the provisions were to go into effect only for a short
period of time before their repeal. Because the two provisions have
never been in effect, the amendment to their effective date merely
extends the status quo.
This change in effective date is published as a final rule. The
Board considers this rule to be a procedural rule that is exempt from
notice and public comment, pursuant to 5 U.S.C. 553(b)(A), because it
concerns a rule of ``agency organization, procedure, or practice.''
Dissenting Opinion of Member Kaplan
Today, my colleagues once again stay the implementation of the
unit-scope-and-eligibility and 20-days rules, both of which were part
of the 2019 Final Rule. They do so because, in a companion final rule
issued today, they have decided to repeal these two provisions, along
with other provisions of the 2019 Final Rule. I disagree with my
colleagues' decision to rescind these two provisions and with their
concomitant decision to stay implementation for the reasons stated in
my dissent to their earlier stay, Representation Case Procedures, 88 FR
14913, 14914-14916 (March 10, 2023), and my dissent to the companion
final rule issued today.
Dated: August 18, 2023.
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2023-18130 Filed 8-24-23; 8:45 am]
BILLING CODE 7545-01-P
