RULES AND REGULATIONS - National Labor Relations Board

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102.47 R & RSec. 102.47 Filing of motion after transfer of case to Board.—All motions filed afterthe case has been transferred to the Board pursuant to section 102.45 shall be filed withthe Board in Washington, D.C., by transmitting eight copies thereof to the Board,together with an affidavit of service upon the parties. Such motions shall be printed orotherwise legibly duplicated: Provided, however; That carbon copies of typewrittenmatter shall not be filed and if submitted will not be accepted.30
R & R 102.48-12050PROCEDURE BEFORE THE BOARDSec. 102.48 Action of the Board upon expiration of time to file exceptions toadministrative law judge’s decision; decisions by the Board; extraordinarypostdecisional motions.—(a) In the event no timely or proper exceptions are filed asherein provided, the findings, conclusions, and recommendations contained in theadministrative law judge’s decision shall, pursuant to section 10(c) of the Act,automatically become the decision and order of the Board and become its findings,conclusions, and order, and all objections and exceptions thereto shall be deemed waivedfor all purposes.(b) Upon the filing of timely and proper exceptions, and any cross-exceptions oranswering briefs, as provided in section 102.46, the Board may decide the matterforthwith upon the record, or after oral argument, or may reopen the record and receivefurther evidence before a Member of the Board or other Board agent or agency, or maymake other disposition of the case.(c) Where exception is taken to a factual finding of the administrative law judge, theBoard, in determining whether the finding is contrary to a preponderance of the evidence,may limit its consideration to such portions of the record as are specified in theexceptions, the supporting brief, and the answering brief.(d)(1) A party to a proceeding before the Board may, because of extraordinarycircumstances, move for reconsideration, rehearing, or reopening of the record after theBoard decision or order. A motion for reconsideration shall state with particularity thematerial error claimed and with respect to any finding of material fact shall specify thepage of the record relied on. A motion for rehearing shall specify the error alleged torequire a hearing de novo and the prejudice to the movant alleged to result from sucherror. A motion to reopen the record shall state briefly the additional evidence sought tobe adduced, why it was not presented previously, and that, if adduced and credited, itwould require a different result. Only newly discovered evidence, evidence which hasbecome available only since the close of the hearing, or evidence which the Boardbelieves should have been taken at the hearing will be taken at any further hearing.(2) Any motion pursuant to this section shall be filed within 28 days, or such furtherperiod as the Board may allow, after the service of the Board’s decision or order, exceptthat a motion for leave to adduce additional evidence shall be filed promptly on discoveryof such evidence. Copies of any request for an extension of time shall be served promptlyon the other parties.(3) The filing and pendency of a motion under this provision shall not operate to staythe effectiveness of the action of the Board unless so ordered. A motion forreconsideration or rehearing need not be filed to exhaust administrative remedies.Sec. 102.49 Modification or setting aside of order of Board before record filed incourt; action thereafter.—Within the limitations of the provisions of section 10(c) of theAct, and section 102.48 of these rules, until a transcript of the record in a case shall havebeen filed in a court, within the meaning of section 10 of the Act, the Board may at anytime upon reasonable notice modify or set aside, in whole or in part, any findings of fact,conclusions of law, or order made or issued by it. Thereafter, the Board may proceedpursuant to section 102.50, insofar as applicable.Sec. 102.50 Hearings before the Board or Member thereof.—Whenever the Boarddeems it necessary in order to effectuate the purpose of the Act or to avoid unnecessary31
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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
Page 19 and 20: 101.10-101.11 S of Pfor the General
Page 21 and 22: 101.13-101.16 S of Pthe closing of
Page 23 and 24: 101.17 S of PSubpart C—Representa
Page 25 and 26: 101.18-101.19 S of Pdismissal by fi
Page 27 and 28: 101.19-101.21 S of PD.C. The record
Page 29 and 30: 101.21 S of P(d) The parties have t
Page 31 and 32: 101.23 S of Punless otherwise order
Page 33 and 34: 101.26-101.27 S of PSubpart E—Ref
Page 35 and 36: 101.30 S of Pwill institute formal
Page 37 and 38: 101.34-101.36 S of Psupport of thei
Page 39 and 40: 101.39-101.41 S of PSubpart H—Adv
Page 41 and 42: R & RTABLE OF CONTENTSTABLE OF CONT
Page 43 and 44: R & RTABLE OF CONTENTSSectionExcept
Page 45 and 46: R & RTABLE OF CONTENTSSectionSubpar
Page 47 and 48: R & RTABLE OF CONTENTSSection102.13
Page 49 and 50: R & R 102.1-102.8NATIONAL LABOR REL
Page 51 and 52: R & R 102.9-102.13Subpart B—Proce
Page 53 and 54: R & R 102.15-102.19COMPLAINTSec. 10
Page 55 and 56: R & R 102.20-102.23ANSWERSec. 102.2
Page 57 and 58: R & R 102.25-102.28Sec. 102.25 Ruli
Page 59 and 60: R & R 102.30WITNESSES, DEPOSITIONS,
Page 61 and 62: R & R 102.32information from such i
Page 63 and 64: R & R 102.34-102.35HEARINGSSec. 102
Page 65 and 66: R & R 102.38-102.43chief judge in N
Page 67 and 68: R & R 102.45ADMINISTRATIVE LAW JUDG
Page 69: R & R 102.46(3) Requests for extens
Page 73 and 74: R & R 102.52-102.54COMPLIANCE PROCE
Page 75 and 76: R & R 102.57-102.59without taking e
Page 77 and 78: R & R 102.61(4) A description of th
Page 79 and 80: R & R 102.63by the Board, provided
Page 81 and 82: R & R 102.65and upon such terms as
Page 83 and 84: R & R 102.67of the record except up
Page 85 and 86: R & R 102.68-102.69(j) Upon transfe
Page 87 and 88: R & R 102.69election pursuant to pa
Page 89 and 90: R & R 102.69Director, or to append
Page 91 and 92: 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
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R & R 102.117enforcement personnel,
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R & R 102.117restrictions of this p
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102.118 R & RPrivacy Act of 1974, 5
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102.121 R & RSubpart M—Constructi
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102.123-102.125 R & RSubpart O—Am
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102.128-102.130 R & R(c) In a poste
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102.133 R & Ror knowingly causes a
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102.136 R & RSubpart R—Advisory C
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102.141 R & Rtaken with respect to
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102.143 R & RSubpart T—Awards of
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102.147 R & R(b) The application sh
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102.150-102.152 R & Rdocument. Noti
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102.156-102.158 R & RSubpart U--Deb
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R & R 102.161Sec. 102.161 Notificat
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102.168-102.170 R & RSubpart V--Deb
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102.175-102.177 R & Rwill consider
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102.177 R & Rmitigation; and an exp
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R & R27—Denver...................
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103.1 ORNATIONAL LABOR RELATIONS BO
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103.1-103.2 ORconsidering all the v
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103.3 ORjurisdiction over the horse
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103.20 ORSubpart B—Election Proce
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103.20 ORholidays. As noted above,
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103.30 ORSubpart C—Appropriate Ba
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103.100 ORSubpart F—Remedial Orde
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TOPICAL INDEXSectionPageWho may fil
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TOPICAL INDEXSectionPageFees and ex
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TOPICAL INDEXSectionPageFiling of .
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TOPICAL INDEXSectionPageWhere to fi
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TOPICAL INDEXSectionPageDetermined
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TOPICAL INDEXSectionPageDisposition
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TOPICAL INDEXSectionPageDeterminati
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TOPICAL INDEXSectionPageClarificati
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TOPICAL INDEXSectionPagePriority of
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TOPICAL INDEXSectionPageWithdrawal
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TOPICAL INDEXSectionPageCertificati
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TOPICAL INDEXSectionPageDocuments e
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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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RULES AND REGULATIONS - National Labor Relations Board

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