[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Rules and Regulations]
[Page 20156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07537]



[[Page 20156]]

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NATIONAL LABOR RELATIONS BOARD

29 CFR Part 103

RIN 3142-AA16


Representation--Case Procedures: Election Bars; Proof of Majority 
Support in Construction-Industry Collective-Bargaining Relationships

AGENCY: National Labor Relations Board.

ACTION: Final rule; delay of effective date.

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SUMMARY: On April 1, 2020, the National Labor Relations Board (Board) 
published a final rule making three amendments to its rules and 
regulations governing the filing and processing of petitions for a 
Board-conducted representation election and proof of majority support 
in construction-industry collective-bargaining relationships. The 
purpose of this document is to postpone implementation of the rule 
during the National Emergency Concerning the Novel Coronavirus Disease 
(COVID-19) Outbreak. The Board therefore delays the effective date from 
June 1, 2020 to July 31, 2020.

DATES: The effective date of the final rule published on April 1, 2020, 
at 85 FR 18366, is delayed from June 1, 2020 to July 31, 2020.

FOR FURTHER INFORMATION CONTACT: Roxanne L. Rothschild, Executive 
Secretary, National Labor Relations Board, 1015 Half Street SE, 
Washington, DC 20570-0001, (202) 273-1940 (this is not a toll-free 
number), 1-866-315-6572 (TTY/TDD).

SUPPLEMENTARY INFORMATION: On April 1, 2020, the National Labor 
Relations Board published a final rule making three amendments to its 
rules and regulations governing the filing and processing of petitions 
for a Board-conducted representation election and proof of majority 
support in construction-industry collective-bargaining relationships. 
The Board made the rule effective on June 1, 2020.
    The Board has determined that a delayed effective date is required 
to allow the Board's employees and stakeholders to focus on continuity 
of their operations during the national emergency concerning the 
Coronavirus pandemic during the next several months, rather than on 
implementing and understanding the Board's new rule. Therefore, the 
Board hereby delays the effective date of the rule to July 31, 2020.
    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C.) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency, for ``good cause,'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without seeking comment prior to the 
rulemaking.
    For the following reasons, the Board finds that notice and comment 
would be impracticable, unnecessary, and contrary to the public 
interest for this document delaying the effective date of its final 
rule. First, given the ongoing pandemic and national emergency, the 
Board believes that regulated entities should be focused on mitigating 
the pandemic's serious ramifications and on understanding their 
significant responsibilities and obligations under the pandemic relief 
laws enacted by Congress in the last month.\1\ They should not be 
required to expend human capital resources reviewing the rule to ensure 
they understand the substantive changes, as the rule contemplates, or 
to adjust to the rule's new obligations. 85 FR at 18397. Given the 
immediate need to provide the Board's regulated entities with certainty 
regarding the delayed timing of their responsibilities and obligations 
under the new rule, submitting this short delay in the rule's effective 
date to notice and comment would be impractical and contrary to the 
public interest, per 5 U.S.C. 553(b)(3)(B).
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    \1\ See Coronavirus Aid, Relief, and Economic Security Act, 
Public Law 116-136 (Mar. 27, 2020); Families First Coronavirus 
Response Act, Public Law 116-127 (Mar. 18, 2020).
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    Second, the Board concludes that proceeding directly to final rule 
is appropriate because notice and comment is unnecessary under the 
circumstances. The Board believes that this change is in the nature of 
a minor, technical correction. The Board issued its rule on April 1, 
2020, only 5 days ago; therefore, the change in effective date is 
almost contemporaneous with the rule itself. It is therefore unlikely 
any parties will have relied on the rule to their detriment, and the 
minor amendment to the effective date of the rule merely extends the 
status quo for an additional 60 days. Moreover, the Board's initial 
choice of effective date, June 1, 2020, was discretionary; the Board 
did not propose an effective date in the NPRM, nor did it receive any 
comments suggesting one. Given this swift correction, the Board 
concludes that notice and comment is unnecessary to extend the 
effective date an additional 60 days, or to July 31, 2020.

    Dated: April 6, 2020.
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2020-07537 Filed 4-8-20; 8:45 am]
 BILLING CODE 7545-01-P