[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Rules and Regulations]
[Pages 50223-50224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13004]


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NATIONAL LABOR RELATIONS BOARD

29 CFR Part 102


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 
New York, New York office of the Division of Judges.

DATES: The effective date is July 15, 2024.

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

SUPPLEMENTARY INFORMATION: The NLRB Division of Judges (DOJ) currently 
has 36 administrative law judges, including the chief judge, deputy 
chief judge, and one associate chief judge, who hear, decide, and 
settle unfair labor practice cases nationwide. The judges are formally 
assigned to one of three offices in Washington, DC, New York, NY, and 
San Francisco, CA, and receive their case assignments through those 
offices.
    The NLRB has decided to close the New York DOJ office and reassign 
the

[[Page 50224]]

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 Kenneth Chu, retired at the end of May 2024. 
Second, the New York office currently has the smallest number of judges 
(four) and cases. Third, following the pandemic, the NLRB's 
administrative law judges have significantly expanded their telework, 
and this is particularly true among the judges assigned to the New York 
office. Fourth, closing the New York DOJ office will save the NLRB the 
cost of renting that facility and allow the NLRB to redirect those 
funds to other mission critical needs.
    The remaining New York administrative law judges, and an eventual 
successor to Associate Chief Judge Chu, 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 Administrative Law Judge or the Deputy Chief Judge until a 
new Associate Chief Judge is selected, and be assisted by the 
administrative professionals in the DC office.
    Accordingly, consistent with the foregoing, the NLRB is revising 
Sec.  102.24(a) of its rules and regulations to delete the references 
to the New York DOJ office and reflect the current structure of the 
Agency's field organization. Furthermore, consistent with former 
procedural revisions of its rules and regulations, the NLRB is 
eliminating redundant invocations of specific place names in Sec.  
102.24(a).
    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 Division of 
Judges to cover the trial docket in the northeastern 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 stated in the preamble, the National Labor 
Relations Board amends 29 CFR 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:  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. 552a(j) and (k). Sections 102.143 through 102.155 also issued 
under 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 judgement 
procedures; summary judgement procedures.

    (a) All motions under Sec. Sec.  102.22 and 102.29 made prior to 
the hearing must 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 must 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), must 
be filed in writing with the Chief Administrative Law Judge, the Deputy 
Chief Administrative Law Judge, or an Associate Chief Administrative 
Law Judge, as the case may be. All motions made at the hearing must 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, must be 
filed with the Administrative Law Judge, care of the Chief 
Administrative Law Judge, the Deputy Chief Administrative Law Judge, or 
an Associate Chief Administrative Law Judge, as the case may be. 
Motions must 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 (a) must be 
filed together with an affidavit of service on the parties. All motions 
filed with the Board, including motions for default judgment, summary 
judgment, or dismissal, must be filed with the Executive Secretary of 
the Board in Washington, DC, together with an affidavit of service on 
the parties. Unless otherwise provided in this part, motions, 
oppositions, and replies must be filed promptly and within such time as 
not to delay the proceeding.
* * * * *

    Dated: June 10, 2024.

    For the Board:
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2024-13004 Filed 6-12-24; 8:45 am]
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