National Labor Relations Board – Federal Register Recent Federal Regulation Documents

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.