RULES AND REGULATIONS - National Labor Relations Board

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R & R 102.153–102.155(d) Any evidentiary hearing held pursuant to this section shall be open to the public andshall be conducted in accordance with sections 102.30 to 102.44 of these rules, exceptsections 102.33, 102.34, and 102.38.(e) Rulings of the administrative law judge shall be reviewable by the Board only inaccordance with the provisions of section 102.26.Sec. 102.153 Administrative law judge’s decision; contents; service; transfer of case tothe Board; contents of record in case.—(a) Upon conclusion of proceedings undersections 102.147 to 102.152, the administrative law judge shall prepare a decision. Thedecision shall include written findings and conclusions as necessary to dispose of theapplication. The administrative law judge shall file the original of his decision with theBoard and cause a copy thereof to be served on each of the parties. Upon the filing of thedecision, the Board shall enter an order transferring the case to the Board and shall servecopies of the order, setting forth the date of such transfer, on all the parties. Service of theadministrative law judge’s decision and of the order transferring the case to the Boardshall be complete upon mailing.(b) The record in a proceeding on an application for an award of fees and expenses shallinclude the application and any amendments or attachments thereto, the net worth exhibit,the answer and any amendments or attachments thereto, any reply to the answer, anycomments by other parties, motions, rulings, orders, stipulations, written submissions, thestenographic transcript of any oral argument, the stenographic transcript of any hearing,exhibits, and depositions, together with the administrative law judge’s decision andexceptions, any cross-exceptions or answering briefs as provided in section 102.46, andthe record of the adversary adjudication upon which the application is based.Sec. 102.154 Exceptions to administrative law judge’s decision; briefs; action of theBoard.—Procedures before the Board, including the filing of exceptions to theadministrative law judge’s decision and briefs, and action by the Board, shall be inaccordance with sections 102.46, 102.47, 102.48, and 102.50 of these rules. The Boardwill issue a decision on the application or remand the proceeding to the administrativelaw judge for further proceedings.Sec. 102.155 Payment of award.—To obtain payment of an award made by the Boardthe applicant shall submit to the Director, Division of Administration, a copy of theBoard’s final decision granting the award, accompanied by a statement that the applicantwill not seek court review of the decision. If such statement is filed, the Agency will paythe amount of the award within 60 days, unless judicial review of the award or of theunderlying decision has been sought.104
102.156–102.158 R & RSubpart U--Debt-Collection Procedures by Administrative OffsetSec. 102.156 Administrative offset; purpose and scope.Sec. 102.157 Definitions.Sec. 102.158 Agency requests for administrative offsets and cooperation with otherFederal agencies.Sec. 102.159 Exclusions.Sec. 102.160 Agency responsibilities.Sec. 102.161 NotificationSec. 102.162 Examination and copying of records related to the claim; opportunity forfull explanation of the claim.Sec. 102.163 Opportunity for repayment.Sec. 102.164 Review of the obligation.Sec. 102.165 Cost shifting.Sec. 102.166 Additional administrative collection action.Sec. 102.167 Prior provision of rights with respect to debt.Sec. 102.156 Administrative offset; purpose and scope. The regulations in this subpartspecify the Agency procedures that will be followed to implement the administrativeoffset procedures set forth in the Debt Collection Act of 1982 (Pub. L. 97-365), 31 U.S.C.3716.Sec. 102.157 Definitions.(a) The term administrative offset means the withholding of money payable bythe United States to, or held by the United States on behalf of, a person to satisfy a debtowed 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 orlocal government.(d) The terms claim and debt are synonymous and interchangeable. They refer to anamount of money or property which has been determined by an appropriate Agencyofficial to be owed to the United States from any person, organization, or entity, exceptanother federal agency.(e) A debt is considered delinquent if it has not been paid by the date specified in theAgency's initial demand letter (§102.161), unless satisfactory payment arrangements havebeen made by that date, or if, at any time thereafter, the debtor fails to satisfy hisobligations under a payment agreement with the Agency.Sec. 102.158 Agency requests for administrative offsets and cooperation with otherFederal agencies.Unless otherwise prohibited by law, the Agency may request that monies due andpayable to a debtor by another Federal agency be administratively offset in order tocollect debts owed the Agency by the debtor. In requesting an administrative offset, theAgency will provide the other Federal agency holding funds of the debtor with writtencertification stating:105
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R&RNATIONAL LABOR RELATIONS BOARD
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R&RMay 2, 1974February 10, 1975Febr
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R&ROctober 28, 1991November 8, 1991
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R&RJuly 16, 2007 72 FR 38778§102.1
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117
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TABLE OF CONTENTSS of P101.29 Proce
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101.2-101.4 S of PSubpart B—Unfai
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101.8-101.9 S of Pnovel and complex
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101.10-101.11 S of Pfor the General
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101.13-101.16 S of Pthe closing of
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101.17 S of PSubpart C—Representa
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101.18-101.19 S of Pdismissal by fi
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101.19-101.21 S of PD.C. The record
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101.21 S of P(d) The parties have t
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101.23 S of Punless otherwise order
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101.26-101.27 S of PSubpart E—Ref
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101.30 S of Pwill institute formal
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101.34-101.36 S of Psupport of thei
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101.39-101.41 S of PSubpart H—Adv
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R & RTABLE OF CONTENTSTABLE OF CONT
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R & RTABLE OF CONTENTSSectionExcept
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R & RTABLE OF CONTENTSSectionSubpar
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R & RTABLE OF CONTENTSSection102.13
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R & R 102.1-102.8NATIONAL LABOR REL
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R & R 102.9-102.13Subpart B—Proce
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R & R 102.15-102.19COMPLAINTSec. 10
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R & R 102.20-102.23ANSWERSec. 102.2
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R & R 102.25-102.28Sec. 102.25 Ruli
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R & R 102.30WITNESSES, DEPOSITIONS,
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R & R 102.32information from such i
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R & R 102.34-102.35HEARINGSSec. 102
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R & R 102.38-102.43chief judge in N
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R & R 102.45ADMINISTRATIVE LAW JUDG
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R & R 102.46(3) Requests for extens
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R & R 102.48-12050PROCEDURE BEFORE
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R & R 102.52-102.54COMPLIANCE PROCE
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R & R 102.57-102.59without taking e
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R & R 102.61(4) A description of th
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R & R 102.63by the Board, provided
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R & R 102.65and upon such terms as
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R & R 102.67of the record except up
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R & R 102.68-102.69(j) Upon transfe
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R & R 102.69election pursuant to pa
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R & R 102.69Director, or to append
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R & R 102.71(1) That a substantial
Page 93 and 94: R & R 102.77-102.80warranted, and t
Page 95 and 96: R & R 102.83-102.85Subpart E—Proc
Page 97 and 98: R & R 102.89-102.91Subpart F—Proc
Page 99 and 100: R & R 102.94-102.97Subpart G—Proc
Page 101 and 102: R & R 102.104-102.110determine whet
Page 103 and 104: R & R 102.111Subpart I—Service an
Page 105 and 106: Service of documents by a party on
Page 107 and 108: R & R 102.115-102.116Subpart J—Ce
Page 109 and 110: R & R 102.117(3) Copies of forms pr
Page 111 and 112: R & R 102.117of estimation (this es
Page 113 and 114: R & R 102.117adverse determination
Page 115 and 116: R & R 102.117not be limited to: Cer
Page 117 and 118: R & R 102.117writing or in person d
Page 119 and 120: R & R 102.117Agency. Proof of autho
Page 121 and 122: R & R 102.117enforcement personnel,
Page 123 and 124: R & R 102.117restrictions of this p
Page 125 and 126: 102.118 R & RPrivacy Act of 1974, 5
Page 127 and 128: 102.121 R & RSubpart M—Constructi
Page 129 and 130: 102.123-102.125 R & RSubpart O—Am
Page 131 and 132: 102.128-102.130 R & R(c) In a poste
Page 133 and 134: 102.133 R & Ror knowingly causes a
Page 135 and 136: 102.136 R & RSubpart R—Advisory C
Page 137 and 138: 102.141 R & Rtaken with respect to
Page 139 and 140: 102.143 R & RSubpart T—Awards of
Page 141 and 142: 102.147 R & R(b) The application sh
Page 143: 102.150-102.152 R & Rdocument. Noti
Page 147 and 148: R & R 102.161Sec. 102.161 Notificat
Page 149 and 150: 102.168-102.170 R & RSubpart V--Deb
Page 151 and 152: 102.175-102.177 R & Rwill consider
Page 153 and 154: 102.177 R & Rmitigation; and an exp
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Page 157 and 158: 103.1 ORNATIONAL LABOR RELATIONS BO
Page 159 and 160: 103.1-103.2 ORconsidering all the v
Page 161 and 162: 103.3 ORjurisdiction over the horse
Page 163 and 164: 103.20 ORSubpart B—Election Proce
Page 165 and 166: 103.20 ORholidays. As noted above,
Page 167 and 168: 103.30 ORSubpart C—Appropriate Ba
Page 169 and 170: 103.100 ORSubpart F—Remedial Orde
Page 171 and 172: TOPICAL INDEXSectionPageWho may fil
Page 173 and 174: TOPICAL INDEXSectionPageFees and ex
Page 175 and 176: TOPICAL INDEXSectionPageFiling of .
Page 177 and 178: TOPICAL INDEXSectionPageWhere to fi
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Page 181 and 182: TOPICAL INDEXSectionPageDisposition
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Page 185 and 186: TOPICAL INDEXSectionPageClarificati
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Page 189 and 190: TOPICAL INDEXSectionPageWithdrawal
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TOPICAL INDEXSectionPagerefusal to
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TOPICAL INDEXSectionPageReview by G
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NATIONAL LABOR RELATIONS BOARDthan
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NATIONAL LABOR RELATIONS BOARDfull
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NATIONAL LABOR RELATIONS BOARDVIII.
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NATIONAL LABOR RELATIONS BOARDon be
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NATIONAL LABOR RELATIONS BOARD3. Th
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NATIONAL LABOR RELATIONS BOARDto Bo
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NATIONAL LABOR RELATIONS BOARDOrgan
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NATIONAL LABOR RELATIONS BOARD 201.
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NATIONAL LABOR RELATIONS BOARD 203-
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NATIONAL LABOR RELATIONS BOARDAppen
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NATIONAL LABOR RELATIONS BOARDand i
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NATIONAL LABOR RELATIONS BOARDWythe
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NATIONAL LABOR RELATIONS BOARDDougl
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NATIONAL LABOR RELATIONS BOARDAlger
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NATIONAL LABOR RELATIONS BOARDCommo
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NATIONAL LABOR RELATIONS BOARDNew Y
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NATIONAL LABOR RELATIONS ACTAlso ci
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(6) The term “commerce” means t
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to exercise all of the powers of th
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(2) to dominate or interfere with t
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Provided, That nothing contained in
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(3) notifies the Federal Mediation
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such labor organization of opportun
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(3) No election shall be directed i
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state its findings of fact and shal
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as in the case of an application by
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INVESTIGATORY POWERSSec. 11. [§ 16
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(c) [Power of Board to decline juri
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LABOR MANAGEMENT RELATIONS ACTLABOR
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LABOR MANAGEMENT RELATIONS ACT(c) [
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LABOR MANAGEMENT RELATIONS ACTis cr
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LABOR MANAGEMENT RELATIONS ACT(c) [
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LABOR MANAGEMENT RELATIONS ACTConci
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LABOR MANAGEMENT RELATIONS ACTdeliv
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LABOR MANAGEMENT RELATIONS ACTto su
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LABOR MANAGEMENT RELATIONS ACTTITLE
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