[Federal Register Volume 67, Number 4 (Monday, January 7, 2002)]
[Rules and Regulations]
[Pages 657-658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-79]


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NATIONAL LABOR RELATIONS BOARD

29 CFR Part 102


Procedural Rules Eliminating Requirement to File Extra Copies of 
Unfair Labor Practice Charges and Representation Petitions With the 
National Labor Relations Board

AGENCY: National Labor Relations Board.

ACTION: Final rule.

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SUMMARY: The National Labor Relations Board is revising its rules that 
govern filing extra copies of unfair labor practice charges and 
representation petitions with the Board. The revisions are being 
adopted in order to relieve persons filing charges and petitions from 
the requirement of having to file extra copies which, as a practical 
matter, the Board no longer needs. The intended effect of the revisions 
is to relieve members of the public of paperwork burdens without 
adversely affecting case processing.

EFFECTIVE DATE: February 6, 2002.

FOR FURTHER INFORMATION CONTACT: John J. Toner, Executive Secretary, 
National Labor Relations Board, 1099 14th Street, NW, Room 11600, 
Washington, DC 20570. Telephone: (202) 273-1936.

SUPPLEMENTARY INFORMATION: At present, the rules of the National Labor 
Relations Board (NLRB) provide that parties filing unfair labor 
practice charges (section 102.11, 29 CFR 102.11), petitions for 
certification or decertification (section 102.60(a), 29 CFR 102.60(a)), 
and petitions for referendum under 29 U.S.C. sec. 9(e)(1) of the 
National Labor Relations Act (section 102.83, 29 CFR 102.83) must file 
an original and at least four additional copies of such charges or 
petitions. Although the number of copies required has changed slightly 
over the years, the requirement to file extra copies of charges and 
petitions dates to the inception of the NLRB in 1936, a time predating 
modern photocopy methods. In those days, extra copies were required in 
order to facilitate service of those documents by the Board on other 
parties as well as for the Board to maintain extra copies that its 
staff needed when processing the charges or petitions. Upon receipt of 
the charge or petition, a Board employee would assign a case number to 
the incoming document, stamp that number on each of the copies, and 
then serve or distribute those copies as needed.
    At the present time, Regional Offices of the Board generally find 
that it is simpler and more cost-efficient just to enter the date and 
the number of the case on the original of the filed charge or petition 
and then photocopy that document for service and distribution. This 
practice was implicitly recognized when the Board's Rules were amended 
in 1995 to permit filing charges and petitions by facsimile 
transmission and not to require extra copies filed in that manner, 
beyond the requirement to send in a signed original in addition to the 
document filed by facsimile. The amendments the Board is now making 
remove the requirements to file extra copies of charges or petitions 
filed in any manner.
    Finally, in reviewing this proposal, we found that we had omitted 
to include in Sec. 102.83 a reference to the requirement that persons 
who file petitions covered by that section by facsimile transmission 
shall also file an original for the Agency's records. We now amend 
Sec. 102.83 to include that reference.

Executive Order 12866

    The regulatory review provisions of Executive Order 12866 do not 
apply to independent regulatory agencies. However, even if they did, 
the proposed changes in the Board's rules would not be classified as 
``significant rules'' under Section 6 of Executive Order 12866, because 
they will not result in (1) an annual effect on the economy of $100 
million or more; (2) a major increase in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions; or (3) significant adverse effects on competition, 
employment, investment, productivity, innovation, or on the ability of 
United States-based enterprises to compete with foreign-based 
enterprises in domestic or foreign markets. Accordingly, no regulatory 
impact assessment is required.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $ 
100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Regulatory Flexibility Act

    Because no notice of proposed rule-making is required for 
procedural rules, the requirements of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) pertaining to regulatory flexibility analysis do 
not apply to these rules. However, even if the Regulatory Flexibility 
Act were to apply, the NLRB certifies that these rules will not have a 
significant economic impact on a substantial number of small business 
entities as they merely relieve members of the public of an unnecessary 
requirement to file extra copies of charges or petitions with the NLRB.

Paperwork Reduction Act

    These rules are not subject to Section 3504(h) of the Paperwork 
Reduction Act (44 U.S.C. 3501) since they do not contain any new 
information collection requirements.

Small Business Regulatory Enforcement Fairness Act

    Because these rules relate to Agency procedure and practice and 
merely modify the agency's filing procedures, the Board has determined 
that the Congressional review provisions of the Small Business 
Regulatory Enforcement Fairness Act (5 U.S.C. 801) do not apply.

List of Subjects in 29 CFR Part 102

    Administrative practice and procedure, Labor management relations.

    To relieve members of the public of the unnecessary burden of 
filing extra copies of charges or petitions with the NLRB, the Board 
amends 29 CFR part 102 as follows:

[[Page 658]]

PART 102--RULES AND REGULATIONS, SERIES 8

    1. The authority citation for 29 CFR part 102 continues to read as 
follows:

    Authority: Section 6, National Labor Relations Act, as amended 
(29 U.S.C. 151, 156). Section 102.117 also issued under Section 
552(a)(4)(A) of the Freedom of Information Act, as amended (5 U.S.C. 
552(a)(4)(A)). Sections 102.143 through 102.155 also issued under 
Section 504(c)(1) of the Equal Access to Justice Act, as amended (5 
U.S.C. 504(c)(1)).

    2. Section 102.11 is revised to read as follows:


Sec. 102.11  Forms; jurat; or declaration.

    Such charges shall be in writing and signed, and either shall be 
sworn to before a notary public, Board agent, or other person duly 
authorized by law to administer oaths and take acknowledgments or shall 
contain a declaration by the person signing it, under the penalty of 
perjury that its contents are true and correct (see 28 U.S.C. Sec. 
1746). One original of such charge shall be filed. A party filing a 
charge by facsimile pursuant to Sec. 102.114(f) shall also file an 
original for the Agency's records, but failure to do so shall not 
affect the validity of the filing by facsimile, if otherwise proper.

    3. Section 102.60(a) is revised to read as follows:


Sec. 102.60  Petitions.

    (a) Petition for certification or decertification; who may file; 
where to file; withdrawal.--A petition for investigation of a question 
concerning representation of employees under paragraphs (1)(A)(i) and 
(1)(B) of section 9(c) of the Act (hereinafter called a petition for 
certification) may be filed by an employee or group of employees or any 
individual or labor organization acting in their behalf or by an 
employer. A petition under paragraph (1)(A)(ii) of section 9(c) of the 
Act, alleging that the individual or labor organization which has been 
certified or is being currently recognized as the bargaining 
representative is no longer such representative (hereinafter called a 
petition for decertification), may be filed by any employee or group of 
employees or any individual or labor organization acting in their 
behalf. Petitions under this section shall be in writing and signed, 
and either shall be sworn to before a notary public, Board agent, or 
other person duly authorized by law to administer oaths and take 
acknowledgments or shall contain a declaration by the person signing 
it, under the penalty of perjury, that its contents are true and 
correct (see 28 U.S.C. Sec. 1746). One original of the petition shall 
be filed. A person filing a petition by facsimile pursuant to 
Sec. 102.114(f) shall also file an original for the Agency's records, 
but failure to do so shall not affect the validity of the filing by 
facsimile, if otherwise proper. Except as provided in Sec. 102.72, such 
petitions shall be filed with the Regional Director for the Region 
wherein the bargaining unit exists, or, if the bargaining unit exists 
in two or more Regions, with the Regional Director for any of such 
Regions. Prior to the transfer of the case to the Board, pursuant to 
Sec. 102.67, the petition may be withdrawn only with the consent of the 
Regional Director with whom such petition was filed. After the transfer 
of the case to the Board, the petition may be withdrawn only with the 
consent of the Board. Whenever the Regional Director or the Board, as 
the case may be, approves the withdrawal of any petition, the case 
shall be closed.
* * * * *

    4. Section 102.83 is revised to read as follows:


Sec. 102.83  Petition for referendum under section 9(e)(1) of the Act; 
who may file; where to file; withdrawal.

    A petition to rescind the authority of a labor organization to make 
an agreement requiring as a condition of employment membership in such 
labor organization may be filed by an employee or group of employees on 
behalf of 30 percent or more of the employees in a bargaining unit 
covered by such an agreement. The petition shall be in writing and 
signed, and either shall be sworn to before a notary public, Board 
agent, or other person duly authorized by law to administer oaths and 
take acknowledgments or shall contain a declaration by the person 
signing it, under the penalties of the Criminal Code, that its contents 
are true and correct to the best of his knowledge and belief. One 
original of the petition shall be filed with the Regional Director 
wherein the bargaining unit exists or, if the unit exists in two or 
more Regions, with the Regional Director for any of such Regions. A 
person filing a petition by facsimile pursuant to Sec. 102.114(f) shall 
also file an original for the Agency's records, but failure to do so 
shall not affect the validity of the filing by facsimile, if otherwise 
proper. The petition may be withdrawn only with the approval of the 
Regional Director with whom such petition was filed, except that if the 
proceeding has been transferred to the Board, pursuant to Sec. 102.67, 
the petition may be withdrawn only with the consent of the Board. Upon 
approval of the withdrawal of any petition the case shall be closed.

    Dated, Washington, DC, December 21, 2001.

    By Direction of the Board.
John J. Toner,
Executive Secretary, National Labor Relations Board.
[FR Doc. 02-79 Filed 1-4-02; 8:45 am]
BILLING CODE 7545-01-P