Nlrb Rules and Regulations 102.65

Previous versions of these rules in context can be found here. For a full analysis of the new rules currently in place, see Guidance Note on Changes to the Procedure for Representation Cases, Advocate General`s Memorandum 20-07 (1 June 2020), available at * On May 30, 2020, the United States District Court for the District of Columbia issued an order in AFL-CIO v. NLRB, Civ. No. 20-CV-0675 finding that five aspects of Section 102 of the Board Rules and Regulations issued on December 18, 2019 had been unlawfully promulgated. They are therefore not currently in force. On the contrary, previous versions of these provisions remain in force. It is not necessary to submit a request for reconsideration, rehearing or reopening of the case to exhaust administrative remedies. 2.

A request for reconsideration or rehearing under paragraph (e)(1) of this Division must be filed within 10 working days or within the additional time granted after notification of the decision or report. Any request for an extension of the time limit for the submission of such a request shall be notified without delay to the other parties. The request to resume the file shall be submitted immediately after the discovery of the evidence to be produced. (c) Decisions of the Hearing Officer may be appealed directly to the Regional Director only with the special permission of the Regional Director, but the Regional Director shall take them into account when the Regional Director reviews the entire file. Requests for special leave to appeal against and appeal against a decision of the Hearing Officer shall be submitted promptly in writing and shall briefly state the reasons for granting a special authorisation and the grounds for the appeal. The relocating party must promptly provide the other parties and the Regional Director with a copy of the application for a special permit and the complaint. Any objection or other response to the request and/or complaint shall be promptly submitted in writing and promptly notified to the other parties and to the Regional Director. No party is precluded from submitting an issue at a later stage because it has not requested special leave to appeal. If the Regional Director grants the application for special leave to appeal, he or she may dispose of the appeal without delay. Neither the submission nor acceptance of such an application shall suspend the proceedings, unless otherwise ordered by the Regional Director. As noted in § 102.67, the parties may request a review of the actions of the Regional Director by the Board. (a) All requests, including applications to intervene referred to in subparagraphs (b) and (e) of this Section, shall be made in writing or, if made at the hearing, may be recorded orally and shall contain briefly the decision or appeal sought and the reasons for that request; The request shall be served without delay on the other parties.

Requests submitted before the minutes are forwarded to the Committee shall be submitted to the Regional Director, with the exception of requests submitted to the Hearing Officer during the hearing. Once the minutes have been sent to the Commission, all applications must be submitted to the House. Such requests shall be printed or reproduced in any other legible manner. Eight copies of these applications must be filed with the Commission. Further copies of electronically filed documents are not required. The regional director may rule on all applications submitted to him, thereby serving a copy of the decision on the parties, or refer the application back to the hearing officer, except that if the regional director accedes to a motion to dismiss the application before the end of the hearing, the applicant may apply for a review of the decision in the manner provided for in section 102.71. The Hearing Officer shall decide orally or in writing on all requests submitted at the hearing or referred to the Hearing Officer in accordance with the above point, it being understood that the Hearing Officer shall decide on requests to intervene and amend the petition only in accordance with the instructions of the Regional Director, and that all requests for rejection of petitions shall be submitted at the time of examination of the full minutes: be referred for appropriate action to be taken. by the Regional Director or, as appropriate, by the Bureau. All motions, rulings and orders form an integral part of the Protocol, except that decisions on applications for revocation of summonses become part of the Protocol only at the request of the aggrieved party under Article 102.66(f).

(b) Any person wishing to intervene in the proceedings shall submit an application to intervene, stating the reasons for invoking an interest in the proceedings. The Regional Director or Hearing Officer may, by order expressly instructed by the Regional Director, authorize the intervention in person or through legal counsel or other representative to the extent and under such conditions as the Regional Director or Hearing Officer considers appropriate, and such intervenor shall thereafter become a party to the proceedings. The following table lists the provisions found to be unlawful in the court order and the previous provisions that now remain in force. (The articles of the rule are listed only to indicate where the provisions appear): (1) A party to proceedings may, in exceptional circumstances, request the reopening of the minutes after the conclusion of the oral proceedings or the review of the minutes or after the decision or report for a review, a new hearing or a reopening of the minutes, but such a request may not exceed the time limit for filing an application for review of a Decision or exemptions from a report. The Bureau or a Regional Director or Hearing Officer may not make a request for reconsideration, rehearing or reopening of the minutes in respect of a matter that may have been raised under another section of these Rules but has not been presented, except that the Regional Director may consider a request for review of a decision or for deviations from a report as a request for reconsideration. A request for review shall indicate the alleged substantive error and, in the case of the establishment of essential facts, the page of the minutes on which the request is based. The request for a new trial or reopening of the registration shall briefly indicate the error that would have necessitated a new hearing or hearing, the prejudice suffered by the applicant resulting from such an error, the additional evidence to be presented, the reasons why it was not previously produced and the result that would require it; if he was presented and credited.