[Federal Register Volume 89, Number 72 (Friday, April 12, 2024)]
[Rules and Regulations]
[Pages 25805-25806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07819]
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NATIONAL LABOR RELATIONS BOARD
29 CFR Part 102
RIN 3142-AA18
Representation-Case Procedures
AGENCY: National Labor Relations Board.
ACTION: Correcting amendments.
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SUMMARY: On August 25, 2023, the National Labor Relations Board
published a final rule that revised its representation case procedures.
That final rule failed to update certain cross-references. This
document corrects those cross-references.
DATES: Effective April 12, 2024.
FOR FURTHER INFORMATION CONTACT: Roxanne L. Rothschild, Executive
Secretary, 1015 Half Street SE, Washington, DC 20570. Telephone: (202)
273-1940.
SUPPLEMENTARY INFORMATION: This is the first set of corrections to the
National Labor Relations Board's final rule on representation case
procedures, published in the Federal Register on August 25, 2023 at 88
FR 58076. It corrects the cross references in Sec. 102.66(d) from
Sec. 102.63(b)(1)(iii) and (b)(3)(iii) to Sec. 102.63(b)(1)(i)(C) and
(b)(3)(i)(D).
List of Subjects in 29 CFR Part 102
Administrative practice and procedure, Labor management relations.
Accordingly, the National Labor Relations Board amends 29 CFR part
102 by making the following correcting amendments:
[[Page 25806]]
PART 102--RULES AND REGULATIONS, SERIES 8
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1. The authority citation for part 102 continues to read as follows:
Authority: 29 U.S.C. 151, 156. Section 102.117 also issued
under 5 U.S.C. 552(a)(4)(A), and Sec. 102.119 also issued under 5
U.S.C. 552(a)(j) and (k). Sections 102.143 through 102.155 also
issued under 5 U.S.C. 504(c)(1).
Subpart D--Procedure Under Section 9(c) of the Act for the
Determination of Questions Concerning Representation of Employees
and for Clarification of Bargaining Units and for Amendment of
Certifications Under Section 9(b) of the Act
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2. Amend Sec. 102.66 by revising paragraph (d) to read as follows:
Sec. 102.66 Introduction of evidence: rights of parties at hearing;
preclusion; subpoenas; oral argument and briefs.
* * * * *
(d) Preclusion. A party shall be precluded from raising any issue,
presenting any evidence relating to any issue, cross-examining any
witness concerning any issue, and presenting argument concerning any
issue that the party failed to raise in its timely Statement of
Position or to place in dispute in response to another party's
Statement of Position or response, except that no party shall be
precluded from contesting or presenting evidence relevant to the
Board's statutory jurisdiction to process the petition. Nor shall any
party be precluded, on the grounds that a voter's eligibility or
inclusion was not contested at the pre-election hearing, from
challenging the eligibility of any voter during the election. If a
party contends that the proposed unit is not appropriate in its
Statement of Position but fails to specify the classifications,
locations, or other employee groupings that must be added to or
excluded from the proposed unit to make it an appropriate unit, the
party shall also be precluded from raising any issue as to the
appropriateness of the unit, presenting any evidence relating to the
appropriateness of the unit, cross-examining any witness concerning the
appropriateness of the unit, and presenting argument concerning the
appropriateness of the unit. If the employer fails to timely furnish
the lists of employees described in Sec. 102.63(b)(1)(i)(C),
(b)(2)(iii), or (b)(3)(i)(D), the employer shall be precluded from
contesting the appropriateness of the proposed unit at any time and
from contesting the eligibility or inclusion of any individuals at the
pre-election hearing, including by presenting evidence or argument, or
by cross-examination of witnesses.
* * * * *
Dated: April 9, 2024.
Roxanne L. Rothschild,
Executive Secretary, National Labor Relations Board.
[FR Doc. 2024-07819 Filed 4-11-24; 8:45 am]
BILLING CODE 7545-01-P