Procedural Rules Eliminating Requirement to File Extra Copies of Unfair Labor Practice Charges and Representation Petitions With the National Labor Relations Board (January 7, 2002)

[Federal Register: January 7, 2002 (Volume 67, Number 4)]
[Rules and Regulations]
[Page 657-658]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja02-7]

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NATIONAL LABOR RELATIONS BOARD

29 CFR Part 102

Procedural Rules Eliminating Requirement to File Extra Copies of
Unfair Labor Practice Charges and Representation Petitions With the
National Labor Relations Board

AGENCY: National Labor Relations Board.

ACTION: Final rule.

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SUMMARY: The National Labor Relations Board is revising its rules that
govern filing extra copies of unfair labor practice charges and
representation petitions with the Board. The revisions are being
adopted in order to relieve persons filing charges and petitions from
the requirement of having to file extra copies which, as a practical
matter, the Board no longer needs. The intended effect of the revisions
is to relieve members of the public of paperwork burdens without
adversely affecting case processing.

EFFECTIVE DATE: February 6, 2002.

FOR FURTHER INFORMATION CONTACT: John J. Toner, Executive Secretary,
National Labor Relations Board, 1099 14th Street, NW, Room 11600,
Washington, DC 20570. Telephone: (202) 273-1936.

SUPPLEMENTARY INFORMATION: At present, the rules of the National Labor
Relations Board (NLRB) provide that parties filing unfair labor
practice charges (section 102.11, 29 CFR 102.11), petitions for
certification or decertification (section 102.60(a), 29 CFR 102.60(a)),
and petitions for referendum under 29 U.S.C. sec. 9(e)(1) of the
National Labor Relations Act (section 102.83, 29 CFR 102.83) must file
an original and at least four additional copies of such charges or
petitions. Although the number of copies required has changed slightly
over the years, the requirement to file extra copies of charges and
petitions dates to the inception of the NLRB in 1936, a time predating
modern photocopy methods. In those days, extra copies were required in
order to facilitate service of those documents by the Board on other
parties as well as for the Board to maintain extra copies that its
staff needed when processing the charges or petitions. Upon receipt of
the charge or petition, a Board employee would assign a case number to
the incoming document, stamp that number on each of the copies, and
then serve or distribute those copies as needed.
At the present time, Regional Offices of the Board generally find
that it is simpler and more cost-efficient just to enter the date and
the number of the case on the original of the filed charge or petition
and then photocopy that document for service and distribution. This
practice was implicitly recognized when the Board's Rules were amended
in 1995 to permit filing charges and petitions by facsimile
transmission and not to require extra copies filed in that manner,
beyond the requirement to send in a signed original in addition to the
document filed by facsimile. The amendments the Board is now making
remove the requirements to file extra copies of charges or petitions
filed in any manner.
Finally, in reviewing this proposal, we found that we had omitted
to include in Sec. 102.83 a reference to the requirement that persons
who file petitions covered by that section by facsimile transmission
shall also file an original for the Agency's records. We now amend
Sec. 102.83 to include that reference.

Executive Order 12866

The regulatory review provisions of Executive Order 12866 do not
apply to independent regulatory agencies. However, even if they did,
the proposed changes in the Board's rules would not be classified as
``significant rules'' under Section 6 of Executive Order 12866, because
they will not result in (1) an annual effect on the economy of $100
million or more; (2) a major increase in costs or prices for consumers,
individual industries, Federal, State, or local government agencies, or
geographic regions; or (3) significant adverse effects on competition,
employment, investment, productivity, innovation, or on the ability of
United States-based enterprises to compete with foreign-based
enterprises in domestic or foreign markets. Accordingly, no regulatory
impact assessment is required.

Unfunded Mandates Reform Act of 1995

This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $
100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.

Regulatory Flexibility Act

Because no notice of proposed rule-making is required for
procedural rules, the requirements of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) pertaining to regulatory flexibility analysis do
not apply to these rules. However, even if the Regulatory Flexibility
Act were to apply, the NLRB certifies that these rules will not have a
significant economic impact on a substantial number of small business
entities as they merely relieve members of the public of an unnecessary
requirement to file extra copies of charges or petitions with the NLRB.

Paperwork Reduction Act

These rules are not subject to Section 3504(h) of the Paperwork
Reduction Act (44 U.S.C. 3501) since they do not contain any new
information collection requirements.

Small Business Regulatory Enforcement Fairness Act

Because these rules relate to Agency procedure and practice and
merely modify the agency's filing procedures, the Board has determined
that the Congressional review provisions of the Small Business
Regulatory Enforcement Fairness Act (5 U.S.C. 801) do not apply.

List of Subjects in 29 CFR Part 102

Administrative practice and procedure, Labor management relations.

To relieve members of the public of the unnecessary burden of
filing extra copies of charges or petitions with the NLRB, the Board
amends 29 CFR part 102 as follows:

[[Page 658]]

PART 102--RULES AND REGULATIONS, SERIES 8

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 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. Section 102.11 is revised to read as follows:

Sec. 102.11 Forms; jurat; or declaration.

Such charges shall be in writing and signed, and either shall be
sworn to before a notary public, Board agent, or other person duly
authorized by law to administer oaths and take acknowledgments or shall
contain a declaration by the person signing it, under the penalty of
perjury that its contents are true and correct (see 28 U.S.C. Sec.
1746). One original of such charge shall be filed. A party filing a
charge by facsimile pursuant to Sec. 102.114(f) shall also file an
original for the Agency's records, but failure to do so shall not
affect the validity of the filing by facsimile, if otherwise proper.

3. Section 102.60(a) is revised to read as follows:

Sec. 102.60 Petitions.

(a) Petition for certification or decertification; who may file;
where to file; withdrawal.--A petition for investigation of a question
concerning representation of employees under paragraphs (1)(A)(i) and
(1)(B) of section 9(c) of the Act (hereinafter called a petition for
certification) may be filed by an employee or group of employees or any
individual or labor organization acting in their behalf or by an
employer. A petition under paragraph (1)(A)(ii) of section 9(c) of the
Act, alleging that the individual or labor organization which has been
certified or is being currently recognized as the bargaining
representative is no longer such representative (hereinafter called a
petition for decertification), may be filed by any employee or group of
employees or any individual or labor organization acting in their
behalf. Petitions under this section shall be in writing and signed,
and either shall be sworn to before a notary public, Board agent, or
other person duly authorized by law to administer oaths and take
acknowledgments or shall contain a declaration by the person signing
it, under the penalty of perjury, that its contents are true and
correct (see 28 U.S.C. Sec. 1746). One original of the petition shall
be filed. A person filing a petition by facsimile pursuant to
Sec. 102.114(f) shall also file an original for the Agency's records,
but failure to do so shall not affect the validity of the filing by
facsimile, if otherwise proper. Except as provided in Sec. 102.72, such
petitions shall be filed with the Regional Director for the Region
wherein the bargaining unit exists, or, if the bargaining unit exists
in two or more Regions, with the Regional Director for any of such
Regions. Prior to the transfer of the case to the Board, pursuant to
Sec. 102.67, the petition may be withdrawn only with the consent of the
Regional Director with whom such petition was filed. After the transfer
of the case to the Board, the petition may be withdrawn only with the
consent of the Board. Whenever the Regional Director or the Board, as
the case may be, approves the withdrawal of any petition, the case
shall be closed.
* * * * *

4. Section 102.83 is revised to read as follows:

Sec. 102.83 Petition for referendum under section 9(e)(1) of the Act;
who may file; where to file; withdrawal.

A petition to rescind the authority of a labor organization to make
an agreement requiring as a condition of employment membership in such
labor organization may be filed by an employee or group of employees on
behalf of 30 percent or more of the employees in a bargaining unit
covered by such an agreement. The petition shall be in writing and
signed, and either shall be sworn to before a notary public, Board
agent, or other person duly authorized by law to administer oaths and
take acknowledgments or shall contain a declaration by the person
signing it, under the penalties of the Criminal Code, that its contents
are true and correct to the best of his knowledge and belief. One
original of the petition shall be filed with the Regional Director
wherein the bargaining unit exists or, if the unit exists in two or
more Regions, with the Regional Director for any of such Regions. A
person filing a petition by facsimile pursuant to Sec. 102.114(f) shall
also file an original for the Agency's records, but failure to do so
shall not affect the validity of the filing by facsimile, if otherwise
proper. The petition may be withdrawn only with the approval of the
Regional Director with whom such petition was filed, except that if the
proceeding has been transferred to the Board, pursuant to Sec. 102.67,
the petition may be withdrawn only with the consent of the Board. Upon
approval of the withdrawal of any petition the case shall be closed.

Dated, Washington, DC, December 21, 2001.

By Direction of the Board.
John J. Toner,
Executive Secretary, National Labor Relations Board.
[FR Doc. 02-79 Filed 1-4-02; 8:45 am]
BILLING CODE 7545-01-P