[Federal Register Volume 62, Number 42 (Tuesday, March 4, 1997)]
[Rules and Regulations]
[Page 9685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5283]
[[Page 9685]]
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NATIONAL LABOR RELATIONS BOARD
29 CFR Part 102
Procedural Rules
AGENCY: National Labor Relations Board.
ACTION: Final rule.
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SUMMARY: The National Labor Relations Board is amending its rules that
govern compliance proceedings to clarify that Regional Directors have
authority, in appropriate circumstances, to issue a compliance
specification at any stage during the pendency of an unfair labor
practice proceeding. The amendments are being adopted in order to
resolve any possible ambiguity that may exist with respect to this
authority. The intended effect of the revisions is to avoid needless
challenges to this procedure.
EFFECTIVE DATE: March 4, 1997.
FOR FURTHER INFORMATION CONTACT: John J. Toner, Executive Secretary,
National Labor Relations Board, 1099 14th Street, N.W. Room 11600,
Washington, D.C. 20570-0001, Telephone: (202) 273-1940.
SUPPLEMENTARY INFORMATION: Section 102.54 of the National Labor
Relations Board's Rules and Regulations, 29 CFR 102.54, sets forth
procedures for the initiation of formal compliance proceedings and for
the issuance of a compliance specification and notice of hearing.
Although compliance specifications ordinarily are issued to resolve
disputes that arise with respect to an outstanding Board order, there
have been circumstances in which it was considered appropriate to issue
a compliance specification in advance of a Board order. Section
102.54(b) presently provides that such a compliance specification may
be consolidated with an outstanding complaint and notice of hearing
issued pursuant to Sec. 102.15, 29 CFR 102.15.
Section 102.54(b) never was intended to imply that a compliance
specification could only be issued in advance of a Board order when it
was to be consolidated with proceedings on an outstanding complaint.
For, there may be other circumstances in which it is appropriate to
issue a compliance specification in advance of a Board order. This
could occur, for example, where the compliance specification is issued
to plead a specific amount in controversy in some collateral proceeding
in which the Board is seeking prejudgment relief to avoid dissipation
of assets before a Board order can issue.
There have been instances in which respondents have interposed in
collateral litigation the argument that the Board's rules, as drafted,
preclude the agency from issuing a compliance specification in advance
of a Board order without consolidating it with the related complaint
and notice of hearing. Although we are not aware of any case in which
this argument has prevailed, the Board considers it prudent to clarify
the rule to avoid litigation over this issue in the future.
Accordingly, a new paragraph (b) of Sec. 102.54 is being added to
reflect that a compliance specification may issue based on an
outstanding complaint whenever the Regional Director deems it necessary
to effectuate the purposes and policies of the Act or to avoid
unnecessary costs or delay. Current paragraph (b) of Sec. 102.54 is
being redesignated paragraph (c). In all other respects, Sec. 102.54
remains unchanged.
Regulatory Requirements
This rule relates solely to agency organization, procedure and
practice, and will not have a significant economic impact on a
substantial number of small businesses or impose any information
collection requirements. Accordingly, the Agency finds that prior
notice and comment is not required for these rules and that good cause
exists for waiving the general requirement of delaying the effective
date under the Administrative Procedure Act (5 U.S.C. 553), and that
the rules are not subject to the Regulatory Flexibility Act (5 U.S.C.
601), Small Business Regulatory Enforcement Act (5 U.S.C. 801),
Paperwork Reduction Act (44 U.S.C. 3501), or Executive Order 12866.
List of Subjects in 29 CFR Part 102
Administrative practice and procedure, Labor management relations.
29 CFR part 102 is amended as follows:
1. The authority citation for 29 CFR part 102 continues to read as
follows:
Authority: Section 6, National Labor Relations Act, as amended
(29 U.S.C. 151, 156). Section 102.117(c) also issued under section
552(a)(4)(A) of the Freedom of Information Act, as amended (5 U.S.C.
552(a)(4)(A)). Sections 102.143 through 102.155 also issued under
section 504(c)(1) of the Equal Access to Justice Act, as amended (5
U.S.C. 504(c)(1)).
2. In section 102.54, paragraph (b) is redesignated as paragraph
(c), and a new paragraph (b) is added to read as follows:
Sec. 102.54 Initiation of formal compliance proceedings; issuance of
compliance specification and notice of hearing.
* * * * *
(b) Whenever the Regional Director deems it necessary in order to
effectuate the purposes and policies of the Act or to avoid unnecessary
costs or delay, the Regional Director may issue a compliance
specification, with or without a notice of hearing, based on an
outstanding complaint.
* * * * *
Dated, Washington, DC, February 27, 1997.
By direction of the Board:
John J. Toner,
Executive Secretary.
[FR Doc. 97-5283 Filed 3-3-97; 8:45 am]
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