[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Rules and Regulations]
[Pages 77236-77238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31339]



[[Page 77236]]

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NATIONAL LABOR RELATIONS BOARD

29 CFR Part 102


Amendments to Rules and Regulations

AGENCY: National Labor Relations Board.

ACTION: Final rule.

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SUMMARY: The National Labor Relations Board (NLRB) is issuing a final 
rule amending its Rules and Regulations to reflect the closure of the 
Atlanta, Georgia office of the Division of Judges.

DATES: The effective date is January 4, 2016.

FOR FURTHER INFORMATION CONTACT: Gary Shinners, Executive Secretary, 
1015 Half Street SE., Washington, DC 20570. Telephone: (202) 273-1067.

SUPPLEMENTARY INFORMATION: The NLRB's Division of Judges (DOJ) 
currently has 34 administrative law judges, including the chief judge, 
deputy chief judge, and three associate chief judges, who hear, decide, 
and settle unfair labor practice cases nationwide. The judges are 
formally assigned to one of four offices in Washington, DC, New York, 
NY, San Francisco, CA, and Atlanta, GA, and receive their case 
assignments through those offices.
    The NLRB has decided to close the Atlanta DOJ office and reassign 
the administrative law judges and clerical staff to other offices. It 
is doing so for several reasons. First, the office's longtime head, 
Associate Chief Judge William N. Cates, will be retiring at the end of 
the year. Second, of the four DOJ offices, the Atlanta office has the 
smallest number of nonsupervisory judges (four) and clerical employees 
(two). Third, although assigned to the Atlanta DOJ office, the four 
judges do not physically work out of that office. Like most NLRB 
administrative law judges, they telework and travel to the designated 
hearing sites from their states of residence (Virgina, Tennessee, 
Texas, and Florida). Fourth, closing the Atlanta DOJ office will save 
the NLRB the cost of renting that facility.
    The four Atlanta DOJ administrative law judges will be reassigned 
to the Washington, DC DOJ office. They will continue to telework and 
perform their duties as before, but will receive their case assignments 
from the Chief Judge or Deputy Chief Judge, and be assisted by the 
clerical staff, in that office. One of the two administrative 
professional employees in the Atlanta DOJ office will be reassigned to 
assist the NLRB's nearby Regional Office in Atlanta. The other 
administrative professional employee will be relocated to the NLRB 
Atlanta Regional Office and will continue to provide assistance to the 
Division of Judges.
    Accordingly, consistent with the foregoing, the NLRB is revising 
Sec. Sec.  102.24, 102.25, 102.30(c), 102.34, 102.35(b), 102.36, 
102.42, and 102.149 of its rules and regulations, and appendix A 
thereto, to delete the references to the Atlanta DOJ office and to 
reflect the current structure of the Agency's field organization. 
Appendix A to part 102 of the Board's Rules and Regulations, which 
includes a complete listing of the official office hours of the NLRB 
Headquarters, the Division of Judges, and the Regional and Subregional 
Offices, was last published in full at 57 FR 4158 (February 4, 1992). 
Since that time, the Board has published numerous individual amendments 
to its Statement of Organization and Functions, including 65 FR 53228, 
65 FR 64723, 69 FR 31143, 69 FR 74541, 77 FR 72886, 78 FR 44602, 79 FR 
69136, and 79 FR 72707. Accordingly, the Board is now publishing 
Appendix A to Part 102--NLRB Official Office Hours in its entirety 
because of the number of changes made to the field offices and the age 
of the last publication.
    This action is not subject to the advance notice and comment 
provisions of the Administrative Procedure Act (5 U.S.C. 553), or the 
requirements of Executive Order 12866, the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.), or the Small Business Regulatory Enforcement 
Fairness Act (5 U.S.C. 801). As indicated above, the action relates 
solely to agency organization, management, or personnel matters. It 
will have no adverse impact on the ability of the NLRB Judges Division 
to cover the trial docket in the southern region of the country or 
elsewhere. Nor will it impose any additional paperwork, reporting, or 
other costs, burdens, or responsibilities on parties, practitioners, or 
others who participate in hearings before the NLRB's administrative law 
judges.

List of Subjects in 29 CFR Part 102

    Administrative practice and procedure, Labor management relations.

    For the reasons set forth above, the NLRB amends part 102 as 
follows:

PART 102--RULES AND REGULATIONS, SERIES 8

0
1. The authority citation for part 102 continues to read as follows:

    Authority: Sections 1, 6, National Labor Relations Act (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)), and Section 102.117a also issued under section 
552a(j) and (k) of the Privacy Act of 1974 (5 U.S.C. 552a(j) and 
(k)). 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)).

0
2. Amend Sec.  102.24 by revising paragraph (a) to read as follows:


Sec.  102.24  Motions; where to file; contents; service on other 
parties; promptness in filing and response; default judgment 
procedures; summary judgment procedures.

    (a) All motions under Sec. Sec.  102.22 and 102.29 made prior to 
the hearing shall be filed in writing with the Regional Director 
issuing the complaint. All motions for default judgment, summary 
judgment, or dismissal made prior to the hearing shall be filed in 
writing with the Board pursuant to the provisions of Sec.  102.50. All 
other motions made prior to the hearing, including motions to 
reschedule the hearing under circumstances other than those set forth 
in Sec.  102.16(a), shall be filed in writing with the chief 
administrative law judge in Washington, DC, with the associate chief 
judge in San Francisco, California, or with the associate chief judge 
in New York, New York, as the case may be. All motions made at the 
hearing shall be made in writing to the administrative law judge or 
stated orally on the record. All motions filed subsequent to the 
hearing, but before the transfer of the case to the Board pursuant to 
Sec.  102.45, shall be filed with the administrative law judge, care of 
the chief administrative law judge in Washington, DC, the associate 
chief judge in San Francisco, or the associate chief judge in New York, 
as the case may be. Motions shall briefly state the order or relief 
applied for and the grounds therefor. All motions filed with a Regional 
Director or an administrative law judge as set forth in this paragraph 
shall be filed therewith by transmitting three copies thereof together 
with an affidavit of service on the parties. All motions filed with the 
Board, including motions for default judgment, summary judgment, or 
dismissal, shall be filed with the Executive Secretary of the Board in 
Washington, DC, by transmitting eight copies thereof together with an 
affidavit of service on the parties. Unless otherwise provided in this 
part, motions and responses thereto shall be filed promptly and within 
such time as not to delay the proceeding.
* * * * *

0
3. Revise Sec.  102.25 to read as follows:


Sec.  102.25  Ruling on motions.

    An administrative law judge designated by the chief administrative

[[Page 77237]]

law judge in Washington, DC, by the associate chief judge in San 
Francisco, California, or by the associate chief judge in New York, New 
York, as the case may be, shall rule on all prehearing motions (except 
as provided in Sec. Sec.  102.16, 102.22, 102.29, and 102.50), and all 
such rulings and orders shall be issued in writing and a copy served on 
each of the parties. The administrative law judge designated to conduct 
the hearing shall rule on all motions after opening of the hearing 
(except as provided in Sec.  102.47), and any orders in connection 
therewith, if announced at the hearing, shall be stated orally on the 
record; in all other cases the administrative law judge shall issue 
such rulings and orders in writing and shall cause a copy of the same 
to be served on each of the parties, or shall make his ruling in his 
decision. Whenever the administrative law judge has reserved his ruling 
on any motion, and the proceeding is thereafter transferred to and 
continued before the Board pursuant to Sec.  102.50, the Board shall 
rule on such motion. (49 Stat. 449; 29 U.S.C. 151-166, as amended by 
(61 Stat. 136; 29 U.S.C. Sup. 151-167), (65 Stat. 601; 29 U.S.C. 158, 
159, 168), (73 Stat. 519; 29 U.S.C. 141-168), (88 Stat. 395-397; 29 
U.S.C. 152, 158, 169, 183))

0
4. Amend Sec.  102.30 by revising paragraph (c) to read as follows:


Sec.  102.30  Examination of witnesses; deposition.

* * * * *
    (c) At the time and place specified in said order the officer 
designated to take such deposition shall permit the witness to be 
examined and cross-examined under oath by all the parties appearing, 
and his testimony shall be reduced to type-writing by the officer or 
under his direction. All objections to questions or evidence shall be 
deemed waived unless made at the examination. The officer shall not 
have power to rule upon any objections but he shall note them upon the 
deposition. The testimony shall be subscribed by the witness in the 
presence of the officer who shall attach his certificate stating that 
the witness was duly sworn by him, that the deposition is a true record 
of the testimony and exhibits given by the witness, and that said 
officer is not of counsel or attorney to any of the parties nor 
interested in the event of the proceeding or investigation. If the 
deposition is not signed by the witness because he is ill, dead, cannot 
be found, or refuses to sign it, such fact shall be included in the 
certificate of the officer and the deposition may then be used as fully 
as though signed. The officer shall immediately deliver an original and 
two copies of said transcript, together with his certificate, in person 
or by registered or certified mail to the Regional Director or the 
administrative law judge, care of the chief administrative law judge in 
Washington, DC, the associate chief judge in San Francisco, California, 
or the associate chief judge in New York, New York, as the case may be.
* * * * *

0
5. Revise Sec.  102.34 to read as follows:


Sec.  102.34  Who shall conduct; to be public unless otherwise ordered.

    The hearing for the purpose of taking evidence upon a complaint 
shall be conducted by an administrative law judge designated by the 
chief administrative law judge in Washington, DC, by the associate 
chief judge in San Francisco, California, or by the associate chief 
judge in New York, New York, as the case may be, unless the Board or 
any Member thereof presides. At any time an administrative law judge 
may be designated to take the place of the administrative law judge 
previously designated to conduct the hearing. Such hearings shall be 
public unless otherwise ordered by the Board or the administrative law 
judge. (49 Stat. 449; 29 U.S.C. 151-166, as amended by (61 Stat. 136; 
29 U.S.C. Sup. 151-167), (65 Stat. 601; 29 U.S.C. 158, 159, 168), (73 
Stat. 519; 29 U.S.C. 141-168), (88 Stat. 395-397; 29 U.S.C. 152, 158, 
169, 183))

0
6. Amend Sec.  102.35 by revising paragraph (b) introductory text to 
read as follows:


Sec.  102.35  Duties and powers of administrative law judges; 
stipulations of cases to administrative law judges or to the Board; 
assignment and powers of settlement judges.

* * * * *
    (b) Upon the request of any party or the judge assigned to hear a 
case, or on his or her own motion, the chief administrative law judge 
in Washington, DC, the associate chief judge in San Francisco, 
California, or the associate chief judge in New York, New York may 
assign a judge who shall be other than the trial judge to conduct 
settlement negotiations. In exercising his or her discretion, the chief 
judge or associate chief judge making the assignment will consider, 
among other factors, whether there is reason to believe that resolution 
of the dispute is likely, the request for assignment of a settlement 
judge is made in good faith, and the assignment is otherwise feasible. 
Provided, however, that no such assignment shall be made absent the 
agreement of all parties to the use of this procedure.
* * * * *

0
7. Revise Sec.  102.36 to read as follows:


Sec.  102.36  Unavailability of administrative law judges.

    In the event the administrative law judge designated to conduct the 
hearing becomes unavailable to the Board after the hearing has been 
opened, the chief administrative law judge in Washington, DC, the 
associate chief judge in San Francisco, California, or the associate 
chief judge in New York, New York, as the case may be, may designate 
another administrative law judge for the purpose of further hearing or 
other appropriate action. (49 Stat. 449; 29 U.S.C. 151-166, as amended 
by (61 Stat. 136; 29 U.S.C. Sup. 151-167), (65 Stat. 601; 29 U.S.C. 
158, 159, 168), (73 Stat. 519; 29 U.S.C. 141-168), (88 Stat. 395-397; 
29 U.S.C. 152, 158, 169, 183))

0
8. Revise Sec.  102.42 to read as follows:


Sec.  102.42  Filings of briefs and proposed findings with the 
administrative law judge and oral argument at the hearing.

    Any party shall be entitled, upon request, to a reasonable period 
at the close of the hearing for oral argument, which may include 
presentation of proposed findings and conclusions, and shall be 
included in the stenographic report of the hearing. In the discretion 
of the administrative law judge, any party may, upon request made 
before the close of the hearing, file a brief or proposed findings and 
conclusions, or both, with the administrative law judge, who may fix a 
reasonable time for such filing, but not in excess of 35 days from the 
close of the hearing. Requests for further extensions of time shall be 
made to the chief administrative law judge in Washington, DC, to the 
associate chief judge in San Francisco, California, or to the associate 
chief judge in New York, New York, as the case may be. Notice of the 
request for any extension shall be immediately served on all other 
parties, and proof of service shall be furnished. Three copies of the 
brief or proposed findings and conclusions shall be filed with the 
administrative law judge, and copies shall be served on the other 
parties, and a statement of such service shall be furnished. In any 
case in which the administrative law judge believes that written briefs 
or proposed findings of fact and conclusions may not be necessary, he 
or she shall notify the parties at the opening of the hearing or as 
soon thereafter as practicable that he or she may wish to hear oral 
argument in lieu of briefs.

0
9. Amend Sec.  102.149 by revising paragraph (b) to read as follows:


Sec.  102.149  Filing of documents; service of documents; motions for 
extension of time.

* * * * *

[[Page 77238]]

    (b) Motions for extensions of time to file motions, documents, or 
pleadings permitted by Sec.  102.150 or by Sec.  102.152 shall be filed 
with the chief administrative law judge in Washington, DC, the 
associate chief judge in San Francisco, California, or the associate 
chief judge in New York, New York, as the case may be, not later than 3 
days before the due date of the document. Notice of the request shall 
be immediately served on all other parties and proof of service 
furnished.

0
10. Revise appendix A to part 102 to read as follows:

Appendix A to Part 102--NLRB Official Office Hours

    (Official Office Hours of the Regional and Subregional Offices 
are listed in numerical order except that Subregions appear directly 
under their respective Regions. Official office hours of the field 
offices also can be found on the NLRB Web site at https://www.nlrb.gov/who-we-are/regional-offices.)

NLRB Headquarters, Business Hours
 (Local Time):
    Washington, DC.................  8:30 a.m.-5:00 p.m.
Division of Judges, Business Hours
 (Local Time):
    Washington, DC.................  8:30 a.m.-5:00 p.m.
    San Francisco..................  8:30 a.m.-5:00 p.m.
    New York.......................  8:30 a.m.-5:00 p.m.
Regional Office Business Hours
 (Local Time):
    1--Boston......................  8:30 a.m.-5:00 p.m.
        Hartford...................  8:30 a.m.-5:00 p.m.
    2--New York....................  8:45 a.m.-5:15 p.m.
    3--Buffalo.....................  8:30 a.m.-5:00 p.m.
        Albany.....................  8:30 a.m.-5:00 p.m.
    4--Philadelphia................  8:30 a.m.-5:00 p.m.
    5--Baltimore...................  8:15 a.m.-4:45 p.m.
        Washington, DC.............  8:15 a.m.-4:45 p.m.
    6--Pittsburgh..................  8:30 a.m.-5:00 p.m.
    7--Detroit.....................  8:15 a.m.-4:45 p.m
        Grand Rapids...............  8:15 a.m.-4:45 p.m.
    8--Cleveland...................  8:15 a.m.-4:45 p.m.
    9--Cincinnati..................  8:30 a.m.-5:00 p.m.
    10--Atlanta....................  8:00 a.m.-4:30 p.m.
        Winston-Salem..............  8:00 a.m.-4:30 p.m.
        Birmingham.................  8:00 a.m.-4:30 p.m.
        Nashville..................  8:00 a.m.-4:30 p.m.
    12--Tampa......................  8:00 a.m.-4:30 p.m.
        Miami......................  8:00 a.m.-4:30 p.m.
        Puerto Rico................  8:30 a.m.-5:00 p.m.
    13--Chicago....................  8:30 a.m.-5:00 p.m.
    14--St. Louis..................  8:00 a.m.-4:30 p.m.
        Kansas City................  8:15 a.m.-4:45 p.m.
        Tulsa......................  8:15 a.m.-4:45 p.m.
    15--New Orleans................  8:00 a.m.-4:30 p.m.
        Memphis....................  8:00 a.m.-4:30 p.m.
        Little Rock................  8:00 a.m.-4:30 p.m.
    16--Fort Worth.................  8:15 a.m.-4:45 p.m.
        Houston....................  8:00 a.m.-4:30 p.m.
        San Antonio................  8:00 a.m.-4:30 p.m.
    18--Minneapolis................  8:00 a.m.-4:30 p.m.
        Milwaukee..................  8:00 a.m.-4:30 p.m.
    19--Seattle....................  8:15 a.m.-4:45 p.m.
        Portland...................  8:00 a.m.-4:30 p.m.
        Anchorage..................  8:15 a.m.-4:45 p.m.
    20--San Francisco..............  8:30 a.m.-5:00 p.m.
        Honolulu...................  8:00 a.m.-4:30 p.m.
    21--Los Angeles................  8:30 a.m.-5:00 p.m.
        San Diego..................  8:30 a.m.-5:00 p.m.
    22--Newark.....................  8:45 a.m.-5:15 p.m.
    25--Indianapolis...............  8:30 a.m.-5:00 p.m.
        Peoria.....................  8:30 a.m.-5:00 p.m.
    27--Denver.....................  8:30 a.m.-5:00 p.m.
    28--Phoenix....................  8:15 a.m.-4:45 p.m.
        Albuquerque................  8:15 a.m.-4:45 p.m.
        Las Vegas..................  8:30 a.m.-5:00 p.m.
    29--Brooklyn...................  9:00 a.m.-5:30 p.m.
    31--Los Angeles................  8:30 a.m.-5:00 p.m.
    32--Oakland....................  8:30 a.m.-5:00 p.m.
 


    Dated: December 2, 2015.

    By direction of the Board.
William B. Cowen,
Solicitor, National Labor Relations Board.
[FR Doc. 2015-31339 Filed 12-11-15; 8:45 am]
BILLING CODE 7545-01-P