[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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