View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
NLRB RIN: 3142-AA08 Publication ID: Spring 2014 
Title: Representation--Case Procedures 
Abstract: The National Labor Relations Board (Board or NLRB) is proposing 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 Board believes that the proposed amendments would remove unnecessary barriers to the fair and expeditious resolution of questions concerning representation. The proposed amendments 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. The proposed amendments 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. The Board first made these proposals on June 22, 2011. 76 FR 36812. Although the Board issued a final rule on December 22, 2011 that adopted a number of the proposed amendments (and that deferred others for further consideration) (see 76 FR 80138), that final rule was set aside by the U.S. District Court for the District of Columbia on May 14, 2012, on procedural grounds relating to the voting process used by the Board for that rule. On January 22, 2014, the Board issued a final rule rescinding the amendments adopted by the December 22, 2011 final rule. 79 FR 3483. The present proposal is, in essence, a reissuance of the proposed rule of June 22, 2011. 
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
Timetable:
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 Rule Rescinding December 22, 2011 Amendments (Selected Provisions)  01/22/2014  79 FR 3483   
NPRM  02/06/2014  79 FR 7317   
NPRM Comment Period End  04/14/2014 
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
Email: gary.shinners@nlrb.gov