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NLRB RIN: 3142-AA08 Publication ID: Spring 2013 
Title: Representation-Case Procedures 
Abstract: The National Labor Relations Board (the Board) has proposed to amend its rules and regulations governing the filing and processing of petitions relating to the representation of employees for purposes of collective bargaining with their employer. The NPRM set forth the Board's tentative view that the proposed amendments would remove unnecessary barriers to the fair and expeditious resolution of questions concerning representation; that they would simplify representation-case procedures and render them more transparent and uniform across regions, eliminate unnecessary litigation, and consolidate requests for Board review of regional directors' pre- and post-election determinations into a single, post-election request; and that they would allow the Board to more promptly determine if there is a question concerning representation and, if so, to resolve it by conducting a secret ballot election. On December 22, 2011, the Board issued a final rule addressing a number of the proposed amendments. The final rule took effect on April 30, 2012. On May 14, 2012, the U.S. District Court for the District of Columbia issued a decision setting aside the final rule. Chamber of Commerce v. NLRB (11-cv-2262). On May 15, 2012, the Board announced that it had temporarily suspended implementation of the amendments adopted in the final rule. The Board is appealing the court's decision. The Board is continuing to deliberate on the rest of the proposed amendments. 
Agency: National Labor Relations Board(NLRB)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 29 CFR 101    29 CFR 102    29 CFR 103   
Legal Authority: 29 USC 156   
Legal Deadline:  None
Action Date FR Cite
NPRM  06/22/2011  76 FR 36812   
NPRM Comment Period End  09/06/2011    
Final Rule (Selected Provisions)  12/22/2011  76 FR 80138   
Final Rule Effective (Selected Provisions)  04/30/2012    
Final Action  To Be Determined    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Gary Shinners
Executive Secretary
National Labor Relations Board
1015 Half Street SE.,
Washington, DC 20570
Phone:202 273-3737
TDD Phone:800 315-6572
Fax:202 273-4270