National Labor Relations Board – Federal Register Recent Federal Regulation Documents
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Representation Case Procedures
This final rule rescinds four provisions from the Board's Rules and Regulations contained in the final rule published on December 18, 2019, entitled ``Representation-Case Procedures.'' This action is in compliance with a decision of the United States Court of Appeals for the District of Columbia Circuit vacating the four provisions.
Representation Case Procedures
The National Labor Relations Board (Board) is staying two provisions of its 2019 final rule (``Final Rule'') amending its representation case procedures to account for new court decisions. The two provisions, which have never been in effect, are stayed until September 10, 2023. This stay is necessary to accommodate pending litigation over remaining challenges to the Final Rule and because the Board is currently considering whether to revise or repeal the Final Rule, including potential revisions to the two provisions.
Representation-Case Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships
The National Labor Relations Board (the Board) published a Notice of Proposed Rulemaking in the Federal Register on November 4, 2022, seeking comments from the public regarding its proposed rule concerning RepresentationCase Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships (``NPRM''). The deadline for initial comments was extended on December 1, 2022, to February 2, 2023, with responsive comments due on February 16, 2023. The date to submit responsive comments to the initial comments is being extended due to an administrative error that occurred within Regulations.gov that inadvertently allowed six comments to be filed on a closed NLRB rulemaking docket from 2018. These comments have been moved to the correct NPRM docket.
Representation-Case Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships
The National Labor Relations Board (the Board) published a Notice of Proposed Rulemaking in the Federal Register on November 4, 2022, seeking comments from the public regarding its proposed rule concerning the RepresentationCase Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships. The date to submit comments to the Notice is now extended 30 days.
Representation-Case Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships
As part of its ongoing efforts to more effectively administer the National Labor Relations Act (the Act or the NLRA) and to further the purposes of the Act, the National Labor Relations Board (the Board) proposes to rescind and replace amendments that the Board made in April 2020 to its rules and regulations governing the filing and processing of petitions for a Board-conducted representation election while unfair labor practice charges are pending, and following an employer's voluntary recognition of a union as the majority-supported collective- bargaining representative of the employer's employees. The Board also proposes to rescind an amendment governing the filing and processing of petitions for a Board-conducted representation election in the construction industry. The Board believes, subject to comments, that these proposed changes will better protect employees' statutory right to freely choose whether to be represented by a labor organization, promote industrial peace, and encourage the practice and procedure of collective bargaining.
Notice of Appointments of Individuals To Serve as Members of Performance Review Boards
The National Labor Relations Board is issuing this notice that the individuals whose names and position titles appear below have been appointed to serve as members of performance review boards in the National Labor Relations Board for the rating year beginning October 1, 2021 and ending September 30, 2022.
Standard for Determining Joint Employer Status
The National Labor Relations Board (``NLRB'' or ``Board'') published a notice of proposed rulemaking in the Federal Register on September 7, 2022, seeking comments from the public regarding the revision of the standard for determining whether two employers, as defined in section 2(2) of the National Labor Relations Act (NLRA or Act), are joint employers of particular employees within the meaning of section 2(3) of the Act.
Standard for Determining Joint-Employer Status
This notice of proposed rulemaking (NPRM) proposes to rescind and replace the final rule entitled ``Joint Employer Status Under the National Labor Relations Act,'' which was published on February 26, 2020 and took effect on April 27, 2020. The proposed rule would revise the standard for determining whether two employers, as defined in section 2(2) of the National Labor Relations Act (NLRA or Act), are joint employers of particular employees within the meaning of section 2(3) of the Act. The proposed changes are designed to explicitly ground the joint-employer standard in established common-law agency principles and provide relevant guidance to parties covered by the Act regarding their rights and responsibilities when more than one statutory employer possesses the authority to control or exercises the power to control particular employees' essential terms and conditions of employment.
Unified Agenda of Federal Regulatory and Deregulatory Actions
The following agenda of the National Labor Relations Board is published in accordance with Executive Order 12866, ``Regulatory Planning and Review,'' and the Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, as amended by the Small Business Regulatory Enforcement Fairness Act. The complete Unified Agenda is available online at www.reginfo.gov. Publication in the Federal Register is mandated only for regulatory flexibility agendas required under the RFA. Because the RFA does not require regulatory flexibility agendas for the regulations proposed and issued by the Board, the Board's agenda appears only on the internet at www.reginfo.gov. The Board's agenda refers to www.regulations.gov, the Government website at which members of the public can find, review, and comment on Federal rulemakings that are published in the Federal Register and open for comment.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the National Labor Relations Board (``NLRB'' or ``Agency'') proposes to issue a National Labor Relations Board system of records notice titled, ``Backpay Management System'' (NLRB-36). The Agency is authorized by the National Labor Relations Act to remedy unfair labor practices by issuing a backpay remedy to an individual, called a ``discriminatee,'' for a monetary loss that results from an unfair labor practice. A charged party that owes backpay is generally referred to as a ``respondent.'' The Agency uses the Backpay Management System (BMS) to record received funds from respondents, to effectuate disbursements of backpay and certain related tax forms to discriminatees, and to facilitate providing certain tax forms, tax reports, and tax payments to the Internal Revenue Service (IRS) and the Social Security Administration. This system notice will be included in the Agency inventory of record systems. All persons are advised that, in the absence of submitted comments considered by the Agency as warranting modification of the notice as here proposed, it is the intention of the Agency that the notice shall be effective upon expiration of the comment period without further action.
Unified Agenda of Federal Regulatory and Deregulatory Actions
The following agenda of the National Labor Relations Board is published in accordance with Executive Order 12866, ``Regulatory Planning and Review,'' and the Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, as amended by the Small Business Regulatory Enforcement Fairness Act. The complete Unified Agenda is available online at www.reginfo.gov. Publication in the Federal Register is mandated only for regulatory flexibility agendas required under the RFA. Because the RFA does not require regulatory flexibility agendas for the regulations proposed and issued by the Board, the Board's agenda appears only on the internet at www.reginfo.gov. The Board's agenda refers to www.regulations.gov, the Government website at which members of the public can find, review, and comment on Federal rulemakings that are published in the Federal Register and open for comment.
Use of Videoconference Technology To Conduct Unfair Labor Practice and Representation Case Proceedings
The National Labor Relations Board (``NLRB,'' ``Agency,'' or ``Board'') seeks public input on the use of videoconference technology to conduct, in whole or in part, all aspects and phases of unfair labor practice and representation case hearings and on potential amendments to its procedural rules regarding the use of videoconference technology. The Board's current Rules and Regulations provide for the taking of a single witness's testimony via video in an unfair labor practice proceeding upon a showing of good cause based on compelling circumstances. During the COVID-19 pandemic, the Board, through adjudication, sanctioned entirely remote hearings in both unfair labor practice and representation cases. The Board has no intention to permanently replace in-person hearings with virtual hearings. To the contrary, once conditions permit, the Board intends to resume conducting in-person hearings. But, based on the Board's experience during the pandemic, the Board is considering whether to retain virtual hearings as an option for future use. Accordingly, the Board solicits responses to targeted questions regarding, among other things, stakeholders' experiences with remote hearings during the pandemic; the benefits and/or drawbacks of using videoconference technology to conduct remote hearings; and the need for, and content of, potential amendments to the Board's rules regarding use of videoconference technology to conduct remote hearings.
Notice of Appointments of Individuals To Serve as Members of Performance Review Boards
The National Labor Relations Board is issuing this notice that the individuals whose names and position titles appear below have been appointed to serve as members of performance review boards in the National Labor Relations Board for the rating year beginning October 1, 2020 and ending September 30, 2021.
Jurisdiction-Nonemployee Status of University and College Students Working in Connection With Their Studies
This document withdraws a proposed rule that was published in the Federal Register on September 23, 2019, as corrected on October 16, 2019. The proposed rule would have established that students who perform any services for compensation, including, but not limited to, teaching or research, at a private college or university in connection with their studies are not ``employees'' within the meaning of the National Labor Relations Act.
Rule Exempting an Amended System of Records From Certain Provisions of the Privacy Act
The National Labor Relations Board (NLRB) exempts a new system of records, NLRB iTrak and Banned Entry List, from certain provisions of the Privacy Act of 1974, pursuant to sections (k)(1), (2), and (5) of that Act.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the National Labor Relations Board proposes to issue a National Labor Relations Board system of records notice titled ``NLRB iTrak and Banned Entry List'' (NLRB-34) to support the protection of employees, contractors, and property leased, or occupied, by the National Labor Relations Board. This system of records includes the NLRB's iTrak Incident & Security Management Software System (``iTrak''), which is used to manage information on individuals who have been reported to present a threat or potential threat to NLRB employees, contractors, and property, as well as a Banned Entry List, which is a list of individuals banned from entering NLRB facilities based on information in iTrak. The system allows the National Labor Relations Board to collect and maintain records on the results of law enforcement activities concerning individuals maintaining a presence at or who have access to property leased or occupied by the NLRB and who have been reported to present a threat as described above. The NLRB is issuing this system of records notice in compliance with the Privacy Act of 1974. This issued system notice will be included in the NLRB inventory of record systems. All persons are advised that, in the absence of submitted comments considered by the Agency as warranting modification of the notice as here proposed, it is the intention of the Agency that the notice shall be effective upon expiration of the comment period without further action.
Representation-Case Procedures: Voter List Contact Information; Absentee Ballots for Employees on Military Leave; Reopening of Comment Period
By this Notice of Proposed Rulemaking, the National Labor Relations Board (NLRB) is announcing a reopening of the period to submit comments to the initial comments (or reply comments) to the Notice of Proposed Rulemaking issued in the Federal Register on July 29, 2020. On October 5, 2020, the NLRB issued a press release indicating the Board was extending the comment period for replies to initial comments from October 13, 2020 to October 27, 2020.
Notice of Appointments of Individuals To Serve as Members of Performance Review Boards
The National Labor Relations Board is issuing this notice that the individuals whose names and position titles appear below have been appointed to serve as members of performance review boards in the National Labor Relations Board for the rating year beginning October 1, 2019 and ending September 30, 2020.
Representation-Case Procedures: Voter List Contact Information; Absentee Ballots for Employees on Military Leave; Correction
The National Labor Relations Board (``NLRB'' or ``Board'') is correcting a notice of proposed rulemaking that appeared in the Federal Register on July 29, 2020. This notice of proposed rulemaking amends the Board's rules and regulations to eliminate the requirement that employers must, as part of the Board's voter list requirement, provide available personal email addresses and available home and personal cellular telephone numbers of all eligible voters. It also proposes an amendment providing for absentee mail ballots for employees who are on military leave.
Supplemental Standards of Ethical Conduct for Employees of the National Labor Relations Board; Correction
The National Labor Relations Board (``NLRB'' or ``Board''), with the concurrence of the U.S. Office of Government Ethics (OGE), is correcting a final rule that appeared in the Federal Register on July 20, 2020. This final procedural rule amends the Supplemental Standards of Ethical Conduct for Employees of the National Labor Relations Board (NLRB Supplemental Ethics Regulations) to eliminate an out-of-date and unnecessary reference to the identity of its Designated Agency Ethics Official (DAEO) and Alternate Designated Agency Ethics Official (ADAEO) from its regulations.
Representation-Case Procedures: Voter List Contact Information; Absentee Ballots for Employees on Military Leave
As part of its ongoing efforts to more effectively administer the National Labor Relations Act (the Act) and to further the purposes of the Act, the National Labor Relations Board (the Board) proposes to amend its rules and regulations to eliminate the requirement that employers must, as part of the Board's voter list requirement, provide available personal email addresses and available home and personal cellular telephone numbers of all eligible voters. The Board believes, subject to comments, that elimination of this requirement will better balance employee privacy interests against those supporting disclosure of this information. The Board also proposes an amendment providing for absentee mail ballots for employees who are on military leave. The Board believes, subject to comments, that it should seek to accommodate such voters in light of congressional policies facilitating their participation in federal elections and protecting their employment rights. The Board further believes, subject to comments, that a procedure for providing such voters with absentee ballots can be instituted without impeding the expeditious resolution of questions of representation.
Supplemental Standards of Ethical Conduct for Employees of the National Labor Relations Board
The National Labor Relations Board (``NLRB'' or ``Board''), with the concurrence of the U.S. Office of Government Ethics (OGE), is issuing this final procedural rule amending the Supplemental Standards of Ethical Conduct for Employees of the National Labor Relations Board (NLRB Supplemental Ethics Regulations) to eliminate an out-of-date and unnecessary reference to the identity of its Designated Agency Ethics Official (DAEO) and Alternate Designated Agency Ethics Official (ADAEO) from its regulations.
Representation-Case Procedures: Election Bars; Proof of Majority Support in Construction-Industry Collective-Bargaining Relationships
On April 1, 2020, the National Labor Relations Board (Board) published a final rule making three amendments to its rules and regulations governing the filing and processing of petitions for a Board-conducted representation election and proof of majority support in construction-industry collective-bargaining relationships. The purpose of this document is to postpone implementation of the rule during the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak. The Board therefore delays the effective date from June 1, 2020 to July 31, 2020.
Representation-Case Procedures: Election Bars; Proof of Majority Support in Construction-Industry Collective-Bargaining Relationships
As part of ongoing efforts to more effectively administer the National Labor Relations Act (the Act or the NLRA) and to further the purposes of the Act, the National Labor Relations Board (the Board or the NLRB) hereby makes three amendments to its rules and regulations governing the filing and processing of petitions for a Board-conducted representation election and proof of majority support in construction- industry collective-bargaining relationships. The amendments effect changes in current procedures that have not previously been incorporated in the Board's rules. The Board believes that the amendments made in this final rule will better protect employees' statutory right of free choice on questions concerning representation by removing unnecessary barriers to the fair and expeditious resolution of such questions through the preferred means of a Board-conducted secret-ballot election.
Representation Case Procedures
On December 18, 2019, the National Labor Relations Board (Board) published a final rule amending its representation case procedures. The Board hereby amends that rule to change the effective date from April 16, 2020, to May 31, 2020. The purpose of this amendment is to facilitate the resolution of the legal challenges with respect to the rule.
Joint Employer Status Under the National Labor Relations Act
The National Labor Relations Board (NLRB or Board) has decided to issue this final rule for the purpose of carrying out the provisions of the National Labor Relations Act (NLRA or Act) by establishing the standard for determining whether two employers, as defined in Section 2(2) of the Act, are a joint employer under the NLRA. The Board believes that this rulemaking will foster predictability and consistency regarding determinations of joint-employer status in a variety of business relationships, thereby enhancing labor-management stability, the promotion of which is one of the principal purposes of the Act. Under this final rule, an entity may be considered a joint employer of a separate employer's employees only if the two share or codetermine the employees' essential terms and conditions of employment, which are exclusively defined as wages, benefits, hours of work, hiring, discharge, discipline, supervision, and direction.
Jurisdiction-Nonemployee Status of University and College Students Working in Connection With Their Studies; Reopening of Responsive Comment Period
The National Labor Relations Board (the Board) published a Notice of Proposed Rulemaking in the Federal Register on September 23, 2019, seeking comments from the public regarding its proposed rule concerning the Nonemployee Status of University and College Students Working in Connection with their Studies. The due date to submit initial comments to the Notice of Proposed Rulemaking was January 15, 2020, and the due date for responses to the initial comments was January 29, 2020. The due date for responsive comments has now been extended for a period of 30-days.
Regulatory Agenda; Semiannual Regulatory Agenda
The following agenda of the National Labor Relations Board (NLRB) is published in accordance with Executive Order 12866, ``Regulatory Planning and Review,'' and the Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, as amended by the Small Business Regulatory Enforcement Fairness Act. The complete Unified Agenda is available online at www.reginfo.gov. Publication in the Federal Register is mandated only for regulatory flexibility agendas required under the RFA. Because the RFA does not require regulatory flexibility agendas for the regulations proposed and issued by the Board, the Board's agenda appears only on the internet at www.reginfo.gov. The Board's agenda refers to www.regulations.gov, the Government website at which members of the public can find, review, and comment on Federal rulemakings that are published in the Federal Register and open for comment.
Rule Exempting an Amended System of Records From Certain Provisions of the Privacy Act
On February 24, 2017, the National Labor Relations Board published in the Federal Register a comprehensive amendment of its procedural regulations that revised a section in its entirety, but inadvertently failed to include two paragraphs. This document corrects those regulations to include the paragraphs that were inadvertently repealed.
Notice of an Amended Privacy Act System of Records; Request for Comment
Pursuant to the provisions of the Privacy Act of 1974, the National Labor Relations Board (NLRB or Agency) publishes this notice of its intention to amend a system of records, NLRB-32, Freedom of Information Act Tracking System (FTS) and Associated Agency Files. All persons are advised that, in the absence of submitted comments considered by the Agency as warranting modification of the notice as here proposed, it is the intention of the Agency that the notice shall be effective upon expiration of the comment period without further action.
Notice of a New System of Records; Request for Comments
Pursuant to the provisions of the Privacy Act of 1974, the Agency publishes this notice of its use and maintenance of a system of records, NLRB-35, NLRB FOIAonline. All persons are advised that, in the absence of submitted comments considered by the Agency as warranting modification of the notice as here proposed, it is the intention of the Agency that the notice shall be effective upon expiration of the comment period without further action.
Representation-Case Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships
The National Labor Relations Board (the Board) published a Notice of Proposed Rulemaking in the Federal Register on August 12, 2019, seeking comments from the public regarding its proposed amendments to Part 103 of its Rules and Regulations, specifically concerning the Board's blocking charge policy, the voluntary recognition bar, and Section 9(a) recognition in the construction industry. On October 10, 2019, the date to submit comments to the Notice of Proposed Rulemaking was extended for 60 days. The date to submit comments to the Notice is now extended an additional 30 days.
Jurisdiction-Nonemployee Status of University and College Students Working in Connection With Their Studies; Extension of Comment Period
The National Labor Relations Board (the Board) published a Notice of Proposed Rulemaking in the Federal Register on September 23, 2019, seeking comments from the public regarding its proposed rule concerning the Nonemployee Status of University and College Students Working in Connection with their Studies. On October 16, 2019, the date to submit comments to the Notice of Proposed Rulemaking was extended for 60 days. The date to submit comments to the Notice is now extended an additional 30 days.
Notice of Appointments of Individuals To Serve as Members of Performance Review Boards
The National Labor Relations Board is issuing this notice that the individuals whose names and position titles appear below have been appointed to serve as members of performance review boards in the National Labor Relations Board for the rating year beginning October 1, 2018 and ending September 30, 2019.
Jurisdiction-Nonemployee Status of University and College Students Working in Connection With Their Studies; Correction and Extension of Comment Period
This document corrects the preamble to a proposed rule published in the Federal Register of September 23, 2019, regarding Nonemployee Status of University and College Students Working in Connection with Their Studies. This correction revises the Regulatory Flexibility Act section in the preamble of the proposed rule to substitute an Initial Regulatory Flexibility Analysis. The date to submit responses to the Notice of Proposed Rulemaking is also extended for 60 days.
Representation-Case Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships
The National Labor Relations Board (the Board) published a Notice of Proposed Rulemaking in the Federal Register of August 12, 2019, seeking comments from the public regarding its proposed amendments to Part 103 of its Rules and Regulations, specifically concerning the Board's blocking charge policy, the voluntary recognition bar, and Section 9(a) recognition in the construction industry. The date to submit comments to the Notice is extended for 60 days.
Jurisdiction-Nonemployee Status of University and College Students Working in Connection With Their Studies
In order to more effectively administer the National Labor Relations Act (Act or NLRA) and to further the purposes of the Act, the National Labor Relations Board (the Board) proposes a regulation establishing that students who perform any services for compensation, including, but not limited to, teaching or research, at a private college or university in connection with their studies are not ``employees'' within the meaning of Section 2(3) of the Act. The Board believes that this proposed standard is consistent with the purposes and policies of the Act, which contemplates jurisdiction over economic relationships, not those that are primarily educational in nature. This rulemaking is intended to bring stability to an area of federal labor law in which the Board, through adjudication, has reversed its approach three times since 2000.
Representation-Case Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships
As part of its ongoing efforts to more effectively administer the National Labor Relations Act (the Act or the NLRA) and to further the purposes of the Act, the National Labor Relations Board (the Board) proposes to amend its rules and regulations governing the filing and processing of petitions for a Board-conducted representation election while unfair labor practice charges are pending or following an employer's voluntary recognition of a union as the majority-supported collective-bargaining representative of the employer's employees. The Board also proposes an amendment redefining the evidence required to prove that an employer and labor organization in the construction industry have established a voluntary majority-supported collective- bargaining relationship. The Board believes, subject to comments, that the proposed amendments will better protect employees' statutory right of free choice on questions concerning representation by removing unnecessary barriers to the fair and expeditious resolution of such questions through the preferred means of a Board-conducted secret ballot election.
The Standard for Determining Joint-Employer Status; Extension of Comment Period
The National Labor Relations Board (the Board) published a Notice of Proposed Rulemaking in the Federal Register of September 14, 2018, seeking comments from the public concerning the standard for determining joint-employer status under the National Labor Relations Act. The date to submit responses to the Notice of Proposed Rulemaking is again extended for 30 days.
Semiannual Regulatory Agenda
The following agenda of the National Labor Relations Board is published in accordance with Executive Order 12866, ``Regulatory Planning and Review,'' and the Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, as amended by the Small Business Regulatory Enforcement Fairness Act. The complete Unified Agenda is available online at www.reginfo.gov. Publication in the Federal Register is mandated only for regulatory flexibility agendas required under the RFA. Because the RFA does not require regulatory flexibility agendas for the regulations proposed and issued by the Board, the Board's agenda appears only on the internet at www.reginfo.gov. The Board's agenda refers to www.regulations.gov, the Government website at which members of the public can find, review, and comment on Federal rulemakings that are published in the Federal Register and open for comment.
The Standard for Determining Joint-Employer Status
The National Labor Relations Board (the Board) published a Notice of Proposed Rulemaking in the Federal Register of September 14, 2018, seeking comments from the public concerning the standard for determining joint-employer status under the National Labor Relations Act. The date to submit responses to the Notice is extended for 30 days.
The Standard for Determining Joint-Employer Status
In order to more effectively enforce the National Labor Relations Act (the Act or the NLRA) and to further the purposes of the Act, the National Labor Relations Board (the Board) proposes a regulation establishing the standard for determining whether two employers, as defined in Section 2(2) of the Act, are a joint employer of a group of employees under the NLRA. The Board believes that this rulemaking will foster predictability and consistency regarding determinations of joint-employer status in a variety of business relationships, thereby promoting labor-management stability, one of the principal purposes of the Act. Under the proposed regulation, an employer may be considered a joint employer of a separate employer's employees only if the two employers share or codetermine the employees' essential terms and conditions of employment, such as hiring, firing, discipline, supervision, and direction. More specifically, to be deemed a joint employer under the proposed regulation, an employer must possess and actually exercise substantial direct and immediate control over the essential terms and conditions of employment of another employer's employees in a manner that is not limited and routine.
Representation-Case Procedures
The National Labor Relations Board (the Board) published a Request for Information in the Federal Register of December 14, 2017, seeking information from the public regarding the representation election regulations (the Election Regulations), with a specific focus on amendments to the Board's representation case procedures adopted by the Board's final rule published on December 15, 2014 (the Election Rule or Rule). On January 29, 2018, the Board extended the response deadline to March 19, 2018. The Board has decided to grant an additional 30 days to file responses to the request for information.
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