29 CFR 102.128 - Types of on-the-record proceedings; categories of Board agents; and duration of prohibition.

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There is 1 rule appearing in the Federal Register for 29 CFR 102. View below or at eCFR (GPOAccess)
§ 102.128 Types of on-the-record proceedings; categories of Board agents; and duration of prohibition.
Unless otherwise provided by specific order of the Board entered in the proceeding, the prohibition of § 102.126 shall be applicable in the following types of on-the-record proceedings to unauthorized ex parte communications made to the designated categories of Board agents who participate in the decision, from the stage of the proceeding specified until the issues are finally resolved by the Board for the purposes of that proceeding under prevailing rules and practices:
(a) In a preelection proceeding pursuant to section 9(c)(1) or 9(e), or in a unit clarification or certification amendment proceeding pursuant to section 9(b) of the Act, in which a formal hearing is held, communications to the regional director and members of his staff who review the record and prepare a draft of his decision, and members of the Board and their legal assistants, from the time the hearing is opened.
(b) In a postelection proceeding pursuant to section 9(c)(1) or 9(e) of the Act, in which a formal hearing is held, communications to the hearing officer, the regional director and members of his staff who review the record and prepare a draft of his report or decision, and members of the Board and their legal assistants, from the time the hearing is opened.
(c) In a postelection proceeding pursuant to section (c)(1) or 9(e), or in a unit clarification or certification amendment proceeding pursuant to section 9(b) of the Act, in which no formal hearing is held, communications to members of the Board and their legal assistants, from the time the regional director's report or decision is issued.
(d) In a proceeding pursuant to section 10(k) of the Act, communications to members of the Board and their legal assistants, from the time the hearing is opened.
(e) In an unfair labor practice proceeding pursuant to section 10(b) of the Act, communications to the administrative law judge assigned to hear the case or to make rulings upon any motions or issues therein and members of the Board and their legal assistants, from the time the complaint and/or notice of hearing is issued, or the time the communicator has knowledge that a complaint or notice of hearing will be issued, whichever occurs first.
(f) In any other proceeding to which the Board by specific order makes the prohibition applicable, to the categories of personnel and from the stage of the proceeding specified in the order.

Title 29 published on 2013-07-01

The following are only the Rules published in the Federal Register after the published date of Title 29.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-01-22; vol. 79 # 14 - Wednesday, January 22, 2014
    1. 79 FR 3483 - Representation—Case Procedures
      GPO FDSys XML | Text
      NATIONAL LABOR RELATIONS BOARD
      Final rule.
      Effective Date: January 22, 2014.
      29 CFR Parts 101 and 102

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United States Code

Title 29 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 29 CFR 102 after this date.

  • 2014-02-26; vol. 79 # 38 - Wednesday, February 26, 2014
    1. 79 FR 10747 - Representation-Case Procedures
      GPO FDSys XML | Text
      NATIONAL LABOR RELATIONS BOARD
      Proposed rule; notice of meeting.
      The meeting will be held on April 10 and 11, 2014, starting at 9:30 a.m. on each day. Additional days of meeting may be scheduled for April 8 and/or 9. Those who wish to speak at the meeting must submit a Request to Speak, in the form described in the instructions below, which must be received by the Board no later than March 10, 2014. In addition, due to seating considerations, persons desiring to attend the meeting must submit a Request to Attend, which must be received by the Board no later than March 31, 2014. Those who Request to Speak need not also submit a Request to Attend.
      29 CFR Parts 101, 102, 103