[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

0
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

0
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