National Labor Relations Board – Federal Register Recent Federal Regulation Documents
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Representation-Case Procedures
This final rule rescinds the amendments to the National Labor Relations Board's (the Board's) representation case procedures adopted by the Board's final rule of December 22, 2011, consistent with the district court's decision in Chamber of Commerce of the U.S. v. NLRB setting aside that rule. On December 9, 2013, the Court of Appeals for the District of Columbia Circuit dismissed the Board's appeal of the district court's decision, pursuant to the parties' stipulation. Now that the district court's decision is no longer subject to appellate review, this final rule restores the relevant language in the CFR to that which existed before the Board issued the December 22, 2011 final rule.
Restructuring of National Labor Relations Board's Headquarters' Offices
This notice advises the public that the National Labor Relations Board is restructuring and realigning the location and lines of authority of certain of its Headquarters' offices to create an independent Division of Legal Counsel reporting to the Office of the General Counsel. These administrative changes are being adopted in order to centralize the services of several Headquarters' offices, eliminate duplication of functions, improve the delivery of services, and streamline, integrate and enhance management functions.
Amendment of Statement of Organization and Functions; Restructuring of National Labor Relations Board's Field Organization
The National Labor Relations Board is restructuring its Regional Offices in Puerto Rico and Milwaukee to designate them as Subregional Offices assigned to the supervision of the Tampa and Minneapolis Regional Offices, respectively. Concurrent with this Notice, the National Labor Relations Board is revising its Statement of Organization and Functions accordingly. These changes are prompted by a decline in unfair labor practice and representation case filings in each of the Regional Offices subject to this restructuring and a desire to equalize caseload and case management responsibilities in all affected Offices. The revisions are nonsubstantive or merely procedural in nature.
Analysis of FY 2011 Service Contract Inventories
It has been determined that none of the service contractors within the special interest contracts have been considered to have performed poorly. The costs of the contracts analyzed were not excessively priced and did not present excessive risks to the government. The NLRB takes pride in monitoring service contracts closely with full cooperation from Contracting Officers, CORs, and Program Staff and Managers. Based on this analysis, we believe we have a balanced mix of contractors to employees and have the resources necessary to continue monitoring contracts effectively and efficiently to reduce risks of personal or inherently governmental contracts. The NLRB is committed to identifying and addressing any new risks related to service contracts, and will meet the challenges with swift and evasive action.
Amendment of Statement of Organization and Functions; Restructuring of National Labor Relations Board's Field Organization
The National Labor Relations Board is restructuring its Regional Offices in Kansas City, Winston-Salem, Hartford and Memphis to designate them as Subregional Offices assigned to the supervision of the St. Louis, Atlanta, Boston and New Orleans Regional Offices, respectively. As part of this restructuring, the supervision of the Little Rock Resident Office will be transferred from the Memphis Regional Office to the New Orleans Regional Office, the supervision of the Nashville Resident Office will be transferred from the Memphis Regional Office to the Atlanta Regional Office and the supervision of the Peoria Subregional Office will be transferred from the St. Louis Regional Office to the Indianapolis Regional Office. Concurrent with this Notice, the National Labor Relations Board is revising its Statement of Organization and Functions accordingly. These revisions are nonsubstantive or merely procedural in nature.
Further Amendment to Memorandum Describing Authority and Assigned Responsibilities of the General Counsel
On July 23, 2012, the National Labor Relations Board amended the memorandum describing the authority and assigned responsibilities of the General Counsel of the National Labor Relations Board with respect to administrative functions to establish an Office of the Chief Financial Officer and to reestablish lines of authority within the administrative structure of the Agency. This amendment makes corrections in certain paragraph references required due to the renumbering of paragraphs in the July 23 amendment.
Further Amendment to Memorandum Describing Authority and Assigned Responsibilities of the General Counsel
The National Labor Relations Board is amending the memorandum describing the authority and assigned responsibilities of the General Counsel of the National Labor Relations Board with respect to administrative functions. The revisions are being adopted in order to establish an Office of the Chief Financial Officer and to reestablish lines of authority within the administrative structure of the Agency.
Notification of Employee Rights Under the National Labor Relations Act
On August 30, 2011, the National Labor Relations Board (Board) published a final rule requiring employers subject to the National Labor Relations Act (NLRA) to post notices informing their employees of their rights as employees under the NLRA. (76 FR 54006, August 30, 2011.) On October 12, 2011, the Board amended that rule to delay the effective date from November 14, 2011, to January 31, 2012. (76 FR 63188, October 12, 2011.) The Board later further amended the rule to delay the effective date from January 31, 2012, to April 30, 2012. (76 FR 82133 December 30, 2011.) On April 17, 2012, in light of conflicting decisions at the district court level, the D.C. Circuit entered an injunction pending appeal further delaying the effective date of the rule. National Association of Manufacturers v. NLRB (12-5068 D.C. Cir. April 17, 2012) citing Chamber of Commerce v. NLRB (11-02516 D.S.C. April 13, 2012) (finding Board lacked authority to issue rule). The purpose of this notice is to announce that delay in the effective date of the rule.
Representation-Case Procedures
On June 22, 2011, the National Labor Relations Board (the Board) issued a notice of proposed rulemaking proposing various amendments of its rules and regulations governing the filing and processing of petitions relating to the representation of employees for purposes of collective bargaining with their employer. Thereafter, on December 22, 2011, the National Labor Relations Board issued a final rule amending its regulations, taking effect on April 30, 2012. The final rule stated that any dissenting or concurring statements would be published separately in the Federal Register prior to the effective date of the rule. The purpose of this document is to publish the separate statements of Chairman Mark Gaston Pearce and Member Brian E. Hayes. Pursuant to the Board's order providing for publication of the rule and the separate statements, neither statement constitutes part of the rule or modifies the rule or the Board's approval of the rule in any way.
Revisions of Regulations Concerning Procedures for Filing Initial FOIA Requests
The National Labor Relations Board (NLRB or Board) is amending regulations concerning the procedures for filing initial Freedom of Information Act (FOIA) requests. The revisions require that all FOIA requests for records located in Washington, DC, be made to the NLRB FOIA Officer in Washington, DC.
Special Procedural Rules With Respect to Representation Cases Governing Periods When the National Labor Relations Board Lacks a Quorum of Members
The National Labor Relations Board (the Board or the NLRB) is revising its rules governing the processing of representation cases during periods when the Board lacks a quorum of Members. This revision is being adopted to facilitate, insofar as it is possible, the normal functioning of the Agency when the number of Board Members falls below three, the number required to establish a quorum of the Board. See 29 U.S.C. 153(b); New Process Steel v. NLRB, 130 S.Ct. 2635 (2010). The effect of the revision is to enable the Agency to process some representation cases to the certification of a representative or the certification of the results of the election, while deferring Board consideration of parties' requests for review until a quorum has been restored.
Notification of Employee Rights Under the National Labor Relations Act
On August 30, 2011, the National Labor Relations Board (Board) published a final rule requiring employers, including labor organizations in their capacity as employers, subject to the National Labor Relations Act (NLRA) to post notices informing their employees of their rights as employees under the NLRA. (76 FR 54006, August 30, 2011.) On October 12, 2011, the Board amended that rule to delay the effective date from November 14, 2011, to January 31, 2012. (76 FR 63188, October 12, 2011.) The Board hereby further amends that rule to delay the effective date from January 31, 2012, to April 30, 2012. The purpose of this amendment is to facilitate the resolution of the legal challenges with respect to the rule.
Representation-Case Procedures
On June 22, 2011, the National Labor Relations Board (the Board) issued a Notice of Proposed Rulemaking proposing various amendments of its rules and regulations governing the filing and processing of petitions relating to the representation of employees for purposes of collective bargaining with their employer. This document explains which of the proposed amendments the Board is adopting at this time in the final rule and sets forth the Board's responses to comments concerning those proposals. The Board believes that the final rule will reduce unnecessary litigation in representation cases and thereby enable the Board to better fulfill its duty to expeditiously resolve questions concerning representation. The final rule will also save time and resources for the parties and the agency. The final rule will focus pre-election hearings on those issues relevant to determining if there is a question concerning representation, provide for pre-election briefing only when it will assist the decision makers, reduce piecemeal appeals to the Board, consolidate requests for Board review of regional directors' pre- and post-election determinations into a single, post-election request, make Board review of post-election regional determinations discretionary, and eliminate duplicative regulations. The final rule will allow the Board to more promptly determine if there is a question concerning representation and, if so, to resolve it by conducting a secret-ballot election and certifying the results.
Special Procedural Rules Governing Periods When the National Labor Relations Board Lacks a Quorum of Members
The National Labor Relations Board is revising its rules governing the consideration of certain pleadings that ordinarily require action by a quorum of at least three Board Members. The revisions are being adopted to facilitate, insofar as it is possible, the normal functioning of the Agency during periods when the number of Board members falls below three, the number required to establish a quorum of the Board. The effect of the revisions is to provide the public with avenues for resolving certain issues, while deferring full review by the Board until a quorum has been restored.
Order Contingently Delegating Authority to the Chairman, the General Counsel, and the Chief Administrative Law Judge
The National Labor Relations Board has issued an Order contingently delegating to the General Counsel authority over the appointment, transfer, demotion, or discharge of any Regional Director or of any Officer-in-Charge of a Subregional Office, and over the establishment, transfer or elimination of any Regional or Subregional Office, subject to the right of any sitting Board Member to request full-Board consideration of any particular decision.\1\ The Order also contingently delegates to the Chairman and General Counsel the authority to jointly determine the apportionment and allocation of funds and/or the establishment of personnel ceilings within the Agency, subject to the right of any sitting Board Member to request full-Board consideration of any particular decision. Finally, the Order contingently delegates to the Chief Administrative Law Judge authority over the appointment, transfer, demotion, or discharge of any Administrative Law Judge, subject to the right of any sitting Board Member to request full-Board consideration of any particular decision. These delegations shall become effective during any time at which the Board has fewer than three Members and shall cease to be effective whenever the Board has at least three Members.
Representation Case Procedures
The National Labor Relations Board (NLRB or Board) invites interested parties to attend an open meeting of the Board on November 30, 2011, at 2:30 p.m. The meeting will be held in the Board Agenda Room (Room 11820), National Labor Relations Board, 1099 14th Street NW., Washington, DC 20570. The purpose of the meeting will be to vote on how to proceed in this rulemaking proceeding. No public testimony or comments will be received.
Order Contingently Delegating Authority to the General Counsel
The National Labor Relations Board has issued an Order contingently delegating to the General Counsel full authority over court litigation matters that otherwise would require Board authorization and full authority to certify the results of any secret ballot election conducted under the National Emergency provisions of the Labor Management Relations Act, sections 206-210, 29 U.S.C. 176- 180. These delegations shall become effective during any time at which the Board has fewer than three Members and shall cease to be effective whenever the Board has at least three Members.
Notification of Employee Rights Under the National Labor Relations Act
On August 30, 2011, the National Labor Relations Board (Board) published a final rule requiring employers, including labor organizations in their capacity as employers, subject to the National Labor Relations Act (NLRA) to post notices informing their employees of their rights as employees under the NLRA. The Board hereby amends that rule to change the effective date from November 14, 2011, to January 31, 2012. The purpose of this delay is to allow for enhanced education and outreach to employers.
Notification of Employee Rights Under the National Labor Relations Act
On December 22, 2010, the National Labor Relations Board (Board) issued a proposed rule requiring employers, including labor organizations in their capacity as employers, subject to the National Labor Relations Act (NLRA) to post notices informing their employees of their rights as employees under the NLRA. This final rule sets forth the Board's review of and responses to comments on the proposal and incorporates any changes made to the rule in response to those comments. The Board believes that many employees protected by the NLRA are unaware of their rights under the statute and that the rule will increase knowledge of the NLRA among employees, in order to better enable the exercise of rights under the statute. A beneficial side effect may well be the promotion of statutory compliance by employers and unions. The final rule establishes the size, form, and content of the notice, and sets forth provisions regarding the enforcement of the rule.
Public Availability of National Labor Relations Board's FY 2010 Service Contract Inventory
In accordance with Section 743 of Division C of the Consolidated Appropriations Act of 2010 (Pub. L. 111-117), the National Labor Relations Board (NLRB) is publishing this notice to advise the public of the availability of the FY 2010 Service Contract inventory. This inventory provides information on service contract actions over $25,000 that were made in FY 2010. The information is organized by function to show how contracted resources are distributed throughout the agency. The inventory has been developed in accordance with guidance issued on November 5, 2010 by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP). OFPP's guidance is available at https://www.whitehouse.gov/sites/default/files/omb/ procurement/memo/service-contract-inventories-guidance-110520 10.pdf. The NLRB has posted its inventory and a summary of the inventory on the NLRB homepage at the following link: https://www.nlrb.gov/service- contract-inventories.
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