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Representation-Case Procedures

NLRB · final-rule · Published 2011-12-22 · Effective 2012-04-30 · 76 FR 80138

Document

Document number
2011-32642
Federal Register citation
76 FR 80138
CFR reference
29 CFR 101
Type
Rule
Action
Final rule.
Category
final-rule
Agency
US National Labor Relations Board
Publication date
2011-12-22
Effective date
2012-04-30

Abstract

On June 22, 2011, the National Labor Relations Board (the Board) issued a Notice of Proposed Rulemaking proposing various amendments of 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. This document explains which of the proposed amendments the Board is adopting at this time in the final rule and sets forth the Board's responses to comments concerning those proposals. The Board believes that the final rule will reduce unnecessary litigation in representation cases and thereby enable the Board to better fulfill its duty to expeditiously resolve questions concerning representation. The final rule will also save time and resources for the parties and the agency. The final rule will focus pre-election hearings on those issues relevant to determining if there is a question concerning representation, provide for pre-election briefing only when it will assist the decision makers, reduce piecemeal appeals to the Board, consolidate requests for Board review of regional directors' pre- and post-election determinations into a single, post-election request, make Board review of post-election regional determinations discretionary, and eliminate duplicative regulations. The final rule will 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 and certifying the results.

Source

Authoritative
Federal Register document
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