RULES AND REGULATIONS - National Labor Relations Board

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ORTABLE OF CONTENTSOTHER RULES—PART 103Subpart A—Jurisdictional StandardsSectionPage103.1 Colleges and universities ...........................................................................148103.2 Symphony orchestras.................................................................................150103.3 Horseracing and dogracing industries........................................................151Subpart B—Election Procedures103.20 Posting of election notices .........................................................................154Subpart C—Appropriate Bargaining Units103.30 Appropriate bargaining units in the health care industry...........................158Subpart F—Remedial Orders103.100 Offers of reinstatement to employees in armed forces .............................160147
103.1 ORNATIONAL LABOR RELATIONS BOARD———————OTHER RULES—PART 103Subpart A—Jurisdictional StandardsSec. 103.1 Colleges and universities.—The Board will assert its jurisdiction in any proceedingarising under sections 8, 9, and 10 of the Act involving any private nonprofit college or universitywhich has a gross annual revenue from all sources (excluding only contributions which, becauseof limitation by the grantor, are not available for use for operating expenses) of not less than $1million. ∗JURISDICTIONAL STANDARDS APPLICABLE TO PRIVATE COLLEGES AND UNIVERSITIESNOTICE OF ISSUANCE OF RULEOn July 14, 1970, the Board having determined in Cornell University, 183 NLRB 329, to assertjurisdiction over private nonprofit colleges and universities as a class published in the FederalRegister, Vol. 35, p. 11270, a Notice of Proposed Rule Making which invited interested parties tosubmit views, data, and recommendations to assist the Board in formulating a standard to beapplied in determining whether to assert jurisdiction over specific institutions within the class.Thirty-three responses to the notice were received containing proposals and information. Aftergiving careful consideration to all the responses, the Board has concluded that it will besteffectuate the purposes of the Act to apply a $1 million annual gross revenue standard to private,nonprofit colleges and universities. A rule establishing that standard has been issued concurrentlywith the publication of this notice.Although it is well settled that the National Labor Relations Act gives to the Board ajurisdictional authority coextensive with the full reach of the commerce clause, 1 it is equallywell established that the Board in its discretion may set boundaries on the exercise of thatauthority. 2 In exercising that discretion, the Board has consistently taken the position “that itwould better effectuate the purposes of the Act, and promote the prompt handling of majorcases, not to exercise its jurisdiction to the fullest extent possible under the authoritydelegated to it by Congress, but to limit that exercise to enterprises whose operations have, orat which labor disputes would have, a pronounced impact upon the flow of interstatecommerce.” 3In determining where to draw such a dividing line, the Board here, as in the past, must balanceits statutory obligations to extend the rights and protections of the Act to those employers andemployees whose labor disputes are likely to have a substantial impact on commerce against the∗ The following statement was published by the Board concurrently with the issuance of this rule, 35 F.R. 11270.1 See N.L.R.B. v. Fainblatt, et al., 306 U.S. 601.2 Office Employees International Union, Local No. 11 v. N.L.R.B., 353 U.S. 313; Sec. 14(c)(1) of the Act.3 Ho11ow Tree Lumber Company, 91 NLRB 635, 636. See also, e.g., Floridan Hotel of Tampa, Inc., 124 NLRB 261, 264; ButteMedical Properties, d/b/a Medical Center Properties, 168 NLRB 266, 268.148
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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
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R & R 102.77-102.80warranted, and t
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R & R 102.83-102.85Subpart E—Proc
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R & R 102.89-102.91Subpart F—Proc
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R & R 102.94-102.97Subpart G—Proc
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R & R 102.104-102.110determine whet
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R & R 102.111Subpart I—Service an
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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 and 144: 102.150-102.152 R & Rdocument. Noti
Page 145 and 146: 102.156-102.158 R & RSubpart U--Deb
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 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
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Page 175 and 176: TOPICAL INDEXSectionPageFiling of .
Page 177 and 178: TOPICAL INDEXSectionPageWhere to fi
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Page 195 and 196: TOPICAL INDEXSectionPagerefusal to
Page 197 and 198: TOPICAL INDEXSectionPageReview by G
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Page 205 and 206: 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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226
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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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