82 FR 43697 - Procedural Rules and Regulations; Corrections

NATIONAL LABOR RELATIONS BOARD

Federal Register Volume 82, Issue 180 (September 19, 2017)

Page Range		43697-43699
FR Document		2017-19781
On March 6, 2017, the National Labor Relations Board revised its rules and regulations. Those revisions inadvertently failed to include certain language, which provided further clarification with respect to the prohibition on producing files and documents, and the prohibition on testifying. This document corrects that Section, as well as additional inadvertent errors that appear throughout the revised rules and regulations.
Federal Register, Volume 82 Issue 180 (Tuesday, September 19, 2017)
[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Rules and Regulations]
[Pages 43697-43699]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19781]


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NATIONAL LABOR RELATIONS BOARD

29 CFR Part 102

RIN 3142-AA09


Procedural Rules and Regulations; Corrections

AGENCY: National Labor Relations Board.

ACTION: Final rule; correcting amendments.

-----------------------------------------------------------------------

SUMMARY: On March 6, 2017, the National Labor Relations Board revised 
its rules and regulations. Those revisions inadvertently failed to 
include certain language, which provided further clarification with 
respect to the prohibition on producing files and documents, and the 
prohibition on testifying. This document corrects that Section, as well 
as additional inadvertent errors that appear throughout the revised 
rules and regulations.

DATES: The correcting amendments are effective September 19, 2017, but 
are applicable beginning March 6, 2017.

FOR FURTHER INFORMATION CONTACT: Gary Shinners, Executive Secretary, 
National Labor Relations Board, 1015 Half Street SE., Washington, DC 
20570, (202) 273-3737 (this is not a toll-free number), 1-866-315-6572 
(TTY/TDD).

SUPPLEMENTARY INFORMATION: On March 6, 2017, the National Labor 
Relations Board revised its rules and regulations and inadvertently 
failed to include language in Sec.  102.118. This is the first set of 
corrections to the NLRB revisions that were published in the Federal 
Register on February 24, 2017 (82 FR 11748).

List of Subjects in 29 CFR Part 102

    Administrative practice and procedure, Labor management relations.

    Accordingly, 29 CFR part 102 is corrected by making the following 
correcting amendments:

PART 102--RULES AND REGULATIONS, SERIES 8

0
1. The authority citation for part 102 continues to read as follows:

    Authority:  Sections 1, 6, National Labor Relations Act (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)), and Section 102.117a also issued under section 
552a(j) and (k) of the Privacy Act of 1974 (5 U.S.C. 552a(j) and 
(k)). 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)).


0
2. Amend Sec.  102.21 by revising the second sentence to read as 
follows:


Sec.  102.21  Where to file; service upon the parties; form.

    * * * Immediately upon the filing of the answer, Respondent shall 
serve a copy thereof on the other parties. * * *

0
3. Amend Sec.  102.30 by revising the first sentence of paragraph (c) 
to read as follows:


Sec.  102.30  Depositions, examination of witnesses.

* * * * *
    (c) At the time and place specified in the order, the officer 
designated to take the deposition will permit the witness to be 
examined and cross-examined under oath by all the parties appearing, 
and the witness's testimony will be reduced to type-writing by the 
officer or under his/her direction. * * *
* * * * *

0
4. Amend Sec.  102.65 by revising the second and eighth sentences of 
paragraph (a) to read as follows:


Sec.  102.65  Motions; intervention; appeals of Hearing Officer's 
rulings.

    (a) * * * The Motion shall immediately be served on the other 
parties to the proceeding.* * * The Regional Director may rule upon all 
motions filed with him/her, causing a copy of the ruling to be served 
on the parties, or may refer the motion to the Hearing Officer, except 
that if the Regional Director prior to the close of the hearing grants 
a motion to dismiss the petition, the petitioner may obtain a review of 
such ruling in the manner prescribed in Sec.  102.71.* * *
* * * * *

0
5. Amend Sec.  102.66 by revising paragraph (f) to read as follows:


Sec.  102.66  Introduction of evidence: rights of parties at hearing; 
preclusion; subpoenas; oral argument and briefs.

* * * * *
    (f) Subpoenas. The Board, or any Member thereof, shall, on the 
written application of any party, forthwith issue subpoenas requiring 
the attendance and testimony of witnesses and the production of any 
evidence, including books, records, correspondence, or documents, in 
their possession or under their control. The Executive Secretary shall 
have the authority to sign and issue any such subpoenas on behalf of 
the Board or any Member thereof. Any party may file applications for 
subpoenas in writing with the Regional Director if made prior to 
hearing, or with the Hearing Officer if made at the hearing. 
Applications for subpoenas may be made ex parte. The Regional

[[Page 43698]]

Director or the Hearing Officer, as the case may be, shall forthwith 
grant the subpoenas requested. Any person served with a subpoena, 
whether ad testificandum or duces tecum, if he or she does not intend 
to comply with the subpoena, shall, within 5 days after the date of 
service of the subpoena, petition in writing to revoke the subpoena. 
The date of service for purposes of computing the time for filing a 
petition to revoke shall be the date the subpoena is received. Such 
petition shall be filed with the Regional Director who may either rule 
upon it or refer it for ruling to the Hearing Officer except that if 
the evidence called for is to be produced at a hearing and the hearing 
has opened, the petition to revoke shall be filed with the Hearing 
Officer. Notice of the filing of petitions to revoke shall be promptly 
given by the Regional Director or Hearing Officer, as the case may be, 
to the party at whose request the subpoena was issued. The Regional 
Director or the Hearing Officer, as the case may be, shall revoke the 
subpoena if, in his/her opinion, the evidence whose production is 
required does not relate to any matter under investigation or in 
question in the proceedings or the subpoena does not describe with 
sufficient particularity the evidence whose production is required, or 
if for any other reason sufficient in law the subpoena is otherwise 
invalid. The Regional Director or the Hearing Officer, as the case may 
be, shall make a simple statement of procedural or other grounds for 
his/her ruling. The petition to revoke, any answer filed thereto, and 
any ruling thereon shall not become part of the record except upon the 
request of the party aggrieved by the ruling. Persons compelled to 
submit data or evidence are entitled to retain or, on payment of 
lawfully prescribed costs, to procure copies or transcripts of the data 
or evidence submitted by them.
* * * * *

0
6. Amend Sec.  102.67 by revising the first sentence of paragraph (c) 
and the first sentence of paragraph (i)(1) to read as follows:


Sec.  102.67  Proceedings before the regional director; further 
hearing; action by the regional director; appeals from actions of the 
regional director; statement in opposition; requests for extraordinary 
relief; Notice of Election; voter list.

* * * * *
    (c) Upon the filing of a request therefor with the Board by any 
interested person, the Board may review any action of a Regional 
Director delegated to him/her under Section 3(b) of the Act except as 
the Board's Rules provide otherwise, but such a review shall not, 
unless specifically ordered by the Board, operate as a stay of any 
action by the Regional Director. * * *
* * * * *
    (i)(1) * * * All documents filed with the Board under the 
provisions of this Section shall be double spaced, on 8\1/2\- by 11-
inch paper, and shall be printed or otherwise legibly duplicated. * * *
* * * * *

0
7. Amend Sec.  102.69 by revising paragraphs (a) and (d)(1)(ii) to read 
as follows:


Sec.  102.69  Election procedure; tally of ballots; objections; 
certification by the regional director; hearings; hearing officer 
reports on objections and challenges; exceptions to hearing officer 
reports; regional director decisions on objections and challenges.

    (a) Election procedure; tally; objections. Unless otherwise 
directed by the Board, all elections shall be conducted under the 
supervision of the Regional Director in whose Region the proceeding is 
pending. All elections shall be by secret ballot. Whenever two or more 
labor organizations are included as choices in an election, either 
participant may, upon its prompt request to and approval thereof by the 
Regional Director, whose decision shall be final, have its name removed 
from the ballot, except that in a proceeding involving an employer-
filed petition or a petition for decertification the labor organization 
certified, currently recognized, or found to be seeking recognition may 
not have its name removed from the ballot without giving timely notice 
in writing to all parties and the Regional Director, disclaiming any 
representation interest among the employees in the unit. A pre-election 
conference may be held at which the parties may check the list of 
voters and attempt to resolve any questions of eligibility or 
inclusions in the unit. When the election is conducted manually, any 
party may be represented by observers of its own selection, subject to 
such limitations as the Regional Director may prescribe. Any party and 
Board agents may challenge, for good cause, the eligibility of any 
person to participate in the election. The ballots of such challenged 
persons shall be impounded. Upon the conclusion of the election the 
ballots will be counted and a tally of ballots prepared and immediately 
made available to the parties. Within 7 days after the tally of ballots 
has been prepared, any party may file with the Regional Director 
objections to the conduct of the election or to conduct affecting the 
results of the election which shall contain a short statement of the 
reasons therefor and a written offer of proof in the form described in 
Sec.  102.66(c) insofar as applicable, except that the Regional 
Director may extend the time for filing the written offer of proof in 
support of the election objections upon request of a party showing good 
cause. Such filing(s) must be timely whether or not the challenged 
ballots are sufficient in number to affect the results of the election. 
The party filing the objections shall serve a copy of the objections, 
including the short statement of reasons therefor, but not the written 
offer of proof, on each of the other parties to the case, and include a 
certificate of such service with the objections. A person filing 
objections 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 if otherwise proper. In addition, 
extra copies need not be filed if the filing is by facsimile or 
electronically pursuant to Sec.  102.114(f) or (i). The Regional 
Director will transmit a copy of the objections to be served on each of 
the other parties to the proceeding, but shall not transmit the offer 
of proof.
* * * * *
    (d)(1)(i) Record in case with hearing. In a proceeding pursuant to 
this section in which a hearing is held, the record in the case shall 
consist of the Notice of Hearing, motions, rulings, orders, 
stenographic report of the hearing, stipulations, exhibits, together 
with the objections to the conduct of the election or to conduct 
affecting the results of the election, offers of proof made at the 
post-election hearing, any briefs or other legal memoranda submitted by 
the parties, any report on such objections and/or on challenged 
ballots, exceptions, the decision of the Regional Director, any 
requests for review, and the record previously made as defined in Sec.  
102.68. Materials other than those set out above shall not be a part of 
the record.
* * * * *

0
8. Amend Sec.  102.71 by revising the second sentence of paragraph (c) 
to read as follows:


Sec.  102.71  Dismissal of petitions; refusal to proceed with petition; 
requests for review by the Board of action of the regional director.

* * * * *
    (c) * * * The request shall contain a complete statement setting 
forth facts and reasons upon which the request is based.* * *
* * * * *

0
9. Amend Sec.  102.72 by revising the section heading and paragraphs 
(a)

[[Page 43699]]

introductory text, (a)(1), and (c) to read as follows:


Sec.  102.72  Filing petition with general counsel: investigation upon 
motion of general counsel; transfer of petition and proceeding from 
region to general counsel or to another region; consolidation of 
proceedings in same region; severance; procedure before general counsel 
in cases over which the general counsel has assumed jurisdiction.

    (a) Whenever it appears necessary in order to effectuate the 
purposes of the Act, or to avoid unnecessary costs or delay, the 
General Counsel may permit a petition to be filed with him/her in 
Washington, DC, or may, at any time after a petition has been filed 
with a Regional Director pursuant to Sec.  102.60, order that such 
petition and any proceeding that may have been instituted with respect 
thereto:
    (1) Be transferred to and continued before him/her, for the purpose 
of investigation or consolidation with any other proceeding which may 
have been instituted in a Regional Office or with him/her; or
* * * * *
    (c) The Regional Director may exercise the powers in paragraphs 
(a)(2) and (4) of this section with respect to proceedings pending in 
his/her Region.

0
10. Amend Sec.  102.80 by revising paragraph (b) to read as follows:


Sec.  102.80  Dismissal of petition; refusal to process petition under 
expedited procedure.

* * * * *
    (b) If it shall appear to the regional director that an expedited 
election is not warranted but that proceedings under subpart C of this 
part are warranted, he/she shall so notify the parties in writing with 
a simple statement of the grounds for his/her decision.
* * * * *

0
11. Amend Sec.  102.81 by revising the first sentence of paragraph (a) 
and the first sentence of paragraph (c) to read as follows:


Sec.  102.81  Review by the general counsel of refusal to proceed on 
charge; resumption of proceedings upon charge held during pendency of 
petition; review by general counsel of refusal to proceed on related 
charge.

    (a) Where an election has been directed by the Regional Director or 
the Board in accordance with the provisions of Sec. Sec.  102.77 and 
102.78, the Regional Director shall decline to issue a complaint on the 
charge, and he/she shall so advise the parties in writing, accompanied 
by a simple statement of the procedural or other grounds for his/her 
action.* * *
* * * * *
    (c) If in connection with an 8(b)(7) proceeding, unfair labor 
practice charges under other sections of the Act have been filed and 
the Regional Director upon investigation has declined to issue a 
complaint upon such charges, he/she shall so advise the parties in 
writing, accompanied by a simple statement of the procedural or other 
grounds for his/her action.* * *

0
12. Amend Sec.  102.83 by revising the second sentence 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.

    * * * The petition shall be in writing and signed, and either must 
be sworn to before a notary public, Board agent, or other person duly 
authorized by law to administer oaths and take acknowledgments or must 
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/her knowledge and belief.* * *

0
13. Amend Sec.  102.118 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  102.118  Present and former Board employees prohibited from 
producing documents and testifying; production of witnesses' statements 
after direct testimony.

    (a) Prohibition on producing files and documents. Except as 
provided in Sec.  102.117 respecting requests cognizable under the 
Freedom of Information Act, no present or former employee or specially 
designated agent of the Agency will produce or present any files, 
documents, reports, memoranda, or records of the Board or of the 
General Counsel, whether in response to a subpoena duces tecum or 
otherwise, without the written consent of the Board or the Chairman of 
the Board if the document is in Washington, DC, and in control of the 
Board; or of the General Counsel if the document is in a Regional 
Office of the Board or is in Washington, DC, and in the control of the 
General Counsel. A request that such consent be granted must be in 
writing and must identify the documents to be produced, the nature of 
the pending proceeding, and the purpose to be served by the production 
of the documents.
    (b) Prohibition on testifying. No present or former employee or 
specially designated agent of the Agency will testify on behalf of any 
party to any cause pending in any court or before the Board, or any 
other board, commission, or other administrative agency of the United 
States, or of any State, territory, or the District of Columbia, or any 
subdivisions thereof, with respect to any information, facts, or other 
matter coming to that person's knowledge in that person's official 
capacity or with respect to the contents of any files, documents, 
reports, memoranda, or records of the Board or of the General Counsel, 
whether in answer to a subpoena or otherwise, without the written 
consent of the Board or the Chairman of the Board if the person is in 
Washington, DC, and subject to the supervision or control of the Board 
or was subject to such supervision or control when formerly employed at 
the Agency; or of the General Counsel if the person is in a Regional 
Office of the Agency or is in Washington, DC, and subject to the 
supervision or control of the General Counsel or was subject to such 
supervision or control when formerly employed at the Agency. A request 
that such consent be granted must be in writing and must identify the 
person whose testimony is desired, the nature of the pending 
proceeding, and the purpose to be served by the testimony of the 
official.
* * * * *

National Labor Relations Board.
Gary Shinners,
Executive Secretary.
[FR Doc. 2017-19781 Filed 9-18-17; 8:45 am]
 BILLING CODE 7545-01-P
43698 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations

Director or the Hearing Officer, as the the Board, operate as a stay of any of proof in the form described in
case may be, shall forthwith grant the action by the Regional Director. * * * § 102.66(c) insofar as applicable, except
subpoenas requested. Any person * * * * * that the Regional Director may extend
served with a subpoena, whether ad (i)(1) * * * All documents filed with the time for filing the written offer of
testificandum or duces tecum, if he or the Board under the provisions of this proof in support of the election
she does not intend to comply with the Section shall be double spaced, on 81⁄2- objections upon request of a party
subpoena, shall, within 5 days after the by 11-inch paper, and shall be printed showing good cause. Such filing(s) must
date of service of the subpoena, petition or otherwise legibly duplicated. * * * be timely whether or not the challenged
in writing to revoke the subpoena. The * * * * * ballots are sufficient in number to affect
date of service for purposes of ■ 7. Amend § 102.69 by revising
the results of the election. The party
computing the time for filing a petition paragraphs (a) and (d)(1)(ii) to read as filing the objections shall serve a copy
to revoke shall be the date the subpoena follows: of the objections, including the short
is received. Such petition shall be filed statement of reasons therefor, but not
with the Regional Director who may § 102.69 Election procedure; tally of the written offer of proof, on each of the
either rule upon it or refer it for ruling ballots; objections; certification by the other parties to the case, and include a
to the Hearing Officer except that if the regional director; hearings; hearing officer certificate of such service with the
evidence called for is to be produced at reports on objections and challenges;
objections. A person filing objections by
a hearing and the hearing has opened, exceptions to hearing officer reports;
regional director decisions on objections facsimile pursuant to § 102.114(f) shall
the petition to revoke shall be filed with and challenges. also file an original for the Agency’s
the Hearing Officer. Notice of the filing records, but failure to do so shall not
of petitions to revoke shall be promptly (a) Election procedure; tally;
objections. Unless otherwise directed by affect the validity of the filing if
given by the Regional Director or otherwise proper. In addition, extra
Hearing Officer, as the case may be, to the Board, all elections shall be
conducted under the supervision of the copies need not be filed if the filing is
the party at whose request the subpoena by facsimile or electronically pursuant
was issued. The Regional Director or the Regional Director in whose Region the
proceeding is pending. All elections to § 102.114(f) or (i). The Regional
Hearing Officer, as the case may be, Director will transmit a copy of the
shall revoke the subpoena if, in his/her shall be by secret ballot. Whenever two
or more labor organizations are included objections to be served on each of the
opinion, the evidence whose production other parties to the proceeding, but shall
is required does not relate to any matter as choices in an election, either
participant may, upon its prompt not transmit the offer of proof.
under investigation or in question in the
request to and approval thereof by the * * * * *
proceedings or the subpoena does not
Regional Director, whose decision shall (d)(1)(i) Record in case with hearing.
describe with sufficient particularity the
be final, have its name removed from In a proceeding pursuant to this section
evidence whose production is required,
the ballot, except that in a proceeding in which a hearing is held, the record
or if for any other reason sufficient in
involving an employer-filed petition or in the case shall consist of the Notice of
law the subpoena is otherwise invalid.
a petition for decertification the labor Hearing, motions, rulings, orders,
The Regional Director or the Hearing
organization certified, currently stenographic report of the hearing,
Officer, as the case may be, shall make
recognized, or found to be seeking stipulations, exhibits, together with the
a simple statement of procedural or
recognition may not have its name objections to the conduct of the election
other grounds for his/her ruling. The
removed from the ballot without giving or to conduct affecting the results of the
petition to revoke, any answer filed
timely notice in writing to all parties election, offers of proof made at the
thereto, and any ruling thereon shall not
and the Regional Director, disclaiming post-election hearing, any briefs or other
become part of the record except upon
any representation interest among the legal memoranda submitted by the
the request of the party aggrieved by the
employees in the unit. A pre-election parties, any report on such objections
ruling. Persons compelled to submit
conference may be held at which the and/or on challenged ballots,
data or evidence are entitled to retain or,
parties may check the list of voters and exceptions, the decision of the Regional
on payment of lawfully prescribed costs,
attempt to resolve any questions of Director, any requests for review, and
to procure copies or transcripts of the
eligibility or inclusions in the unit. the record previously made as defined
data or evidence submitted by them.
When the election is conducted in § 102.68. Materials other than those
* * * * * manually, any party may be represented set out above shall not be a part of the
■ 6. Amend § 102.67 by revising the first by observers of its own selection, record.
sentence of paragraph (c) and the first subject to such limitations as the
sentence of paragraph (i)(1) to read as * * * * *
Regional Director may prescribe. Any
follows: party and Board agents may challenge, ■ 8. Amend § 102.71 by revising the
for good cause, the eligibility of any second sentence of paragraph (c) to read
§ 102.67 Proceedings before the regional as follows:
director; further hearing; action by the person to participate in the election.
regional director; appeals from actions of The ballots of such challenged persons § 102.71 Dismissal of petitions; refusal to
the regional director; statement in shall be impounded. Upon the proceed with petition; requests for review
opposition; requests for extraordinary conclusion of the election the ballots by the Board of action of the regional
relief; Notice of Election; voter list. will be counted and a tally of ballots director.
* * * * * prepared and immediately made * * * * *
asabaliauskas on DSKBBXCHB2PROD with RULES

(c) Upon the filing of a request available to the parties. Within 7 days (c) * * * The request shall contain a
therefor with the Board by any after the tally of ballots has been complete statement setting forth facts
interested person, the Board may review prepared, any party may file with the and reasons upon which the request is
any action of a Regional Director Regional Director objections to the based.* * *
delegated to him/her under Section 3(b) conduct of the election or to conduct
of the Act except as the Board’s Rules affecting the results of the election * * * * *
provide otherwise, but such a review which shall contain a short statement of ■ 9. Amend § 102.72 by revising the
shall not, unless specifically ordered by the reasons therefor and a written offer section heading and paragraphs (a)

VerDate Sep<11>2014 16:10 Sep 18, 2017 Jkt 241001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1
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introductory text, (a)(1), and (c) to read the procedural or other grounds for his/ United States, or of any State, territory,
as follows: her action.* * * or the District of Columbia, or any
* * * * * subdivisions thereof, with respect to any
§ 102.72 Filing petition with general information, facts, or other matter
counsel: investigation upon motion of (c) If in connection with an 8(b)(7)
general counsel; transfer of petition and proceeding, unfair labor practice coming to that person’s knowledge in
proceeding from region to general counsel charges under other sections of the Act that person’s official capacity or with
or to another region; consolidation of have been filed and the Regional respect to the contents of any files,
proceedings in same region; severance; Director upon investigation has documents, reports, memoranda, or
procedure before general counsel in cases declined to issue a complaint upon such records of the Board or of the General
over which the general counsel has charges, he/she shall so advise the Counsel, whether in answer to a
assumed jurisdiction. parties in writing, accompanied by a subpoena or otherwise, without the
(a) Whenever it appears necessary in simple statement of the procedural or written consent of the Board or the
order to effectuate the purposes of the other grounds for his/her action.* * * Chairman of the Board if the person is
Act, or to avoid unnecessary costs or ■ 12. Amend § 102.83 by revising the in Washington, DC, and subject to the
delay, the General Counsel may permit second sentence to read as follows: supervision or control of the Board or
a petition to be filed with him/her in was subject to such supervision or
Washington, DC, or may, at any time § 102.83 Petition for referendum under control when formerly employed at the
Section 9(e)(1) of the Act; who may file; Agency; or of the General Counsel if the
after a petition has been filed with a where to file; withdrawal.
Regional Director pursuant to § 102.60, person is in a Regional Office of the
order that such petition and any * * * The petition shall be in writing Agency or is in Washington, DC, and
proceeding that may have been and signed, and either must be sworn to subject to the supervision or control of
instituted with respect thereto: before a notary public, Board agent, or the General Counsel or was subject to
other person duly authorized by law to such supervision or control when
(1) Be transferred to and continued administer oaths and take
before him/her, for the purpose of formerly employed at the Agency. A
acknowledgments or must contain a request that such consent be granted
investigation or consolidation with any declaration by the person signing it,
other proceeding which may have been must be in writing and must identify the
under the penalties of the Criminal person whose testimony is desired, the
instituted in a Regional Office or with Code, that its contents are true and
him/her; or nature of the pending proceeding, and
correct to the best of his/her knowledge the purpose to be served by the
* * * * * and belief.* * * testimony of the official.
(c) The Regional Director may ■ 13. Amend § 102.118 by revising * * * * *
exercise the powers in paragraphs (a)(2) paragraphs (a) and (b) to read as follows:
and (4) of this section with respect to National Labor Relations Board.
proceedings pending in his/her Region. § 102.118 Present and former Board Gary Shinners,
employees prohibited from producing Executive Secretary.
■ 10. Amend § 102.80 by revising documents and testifying; production of
[FR Doc. 2017–19781 Filed 9–18–17; 8:45 am]
paragraph (b) to read as follows: witnesses’ statements after direct
testimony. BILLING CODE 7545–01–P
§ 102.80 Dismissal of petition; refusal to (a) Prohibition on producing files and
process petition under expedited
procedure.
documents. Except as provided in
§ 102.117 respecting requests cognizable ENVIRONMENTAL PROTECTION
* * * * * under the Freedom of Information Act, AGENCY
(b) If it shall appear to the regional no present or former employee or
director that an expedited election is not 40 CFR Part 52
specially designated agent of the Agency
warranted but that proceedings under will produce or present any files, [EPA–R01–OAR–2016–0110; FRL–9967–88–
subpart C of this part are warranted, he/ documents, reports, memoranda, or Region 1]
she shall so notify the parties in writing records of the Board or of the General
with a simple statement of the grounds Counsel, whether in response to a Air Plan Approval; Maine; Regional
for his/her decision. subpoena duces tecum or otherwise, Haze 5-Year Progress Report
* * * * * without the written consent of the Board AGENCY: Environmental Protection
■ 11. Amend § 102.81 by revising the or the Chairman of the Board if the Agency.
first sentence of paragraph (a) and the document is in Washington, DC, and in ACTION: Final rule.
first sentence of paragraph (c) to read as control of the Board; or of the General
Counsel if the document is in a Regional SUMMARY: The Environmental Protection
follows:
Office of the Board or is in Washington, Agency (EPA) is approving a State
§ 102.81 Review by the general counsel of DC, and in the control of the General Implementation Plan (SIP) revision
refusal to proceed on charge; resumption of Counsel. A request that such consent be submitted by the State of Maine on
proceedings upon charge held during granted must be in writing and must February 23, 2016. Maine’s SIP revision
pendency of petition; review by general identify the documents to be produced, addresses requirements of the Clean Air
counsel of refusal to proceed on related the nature of the pending proceeding, Act (CAA) and EPA’s rules that require
charge.
and the purpose to be served by the States to submit periodic reports
asabaliauskas on DSKBBXCHB2PROD with RULES

(a) Where an election has been production of the documents. describing progress toward reasonable
directed by the Regional Director or the (b) Prohibition on testifying. No progress goals (RPGs) established for
Board in accordance with the provisions present or former employee or specially regional haze and a determination of the
of §§ 102.77 and 102.78, the Regional designated agent of the Agency will adequacy of the State’s existing regional
Director shall decline to issue a testify on behalf of any party to any haze SIP. Maine’s progress report notes
complaint on the charge, and he/she cause pending in any court or before the that Maine has implemented the
shall so advise the parties in writing, Board, or any other board, commission, measures in the regional haze SIP due
accompanied by a simple statement of or other administrative agency of the to be in place by the date of the progress

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Document Created: 2018-10-24 14:17:58
Document Modified: 2018-10-24 14:17:58
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; correcting amendments.
Dates		The correcting amendments are effective September 19, 2017, but are applicable beginning March 6, 2017.
Contact		Gary Shinners, Executive Secretary, National Labor Relations Board, 1015 Half Street SE., Washington, DC 20570, (202) 273-3737 (this is not a toll-free number), 1-866-315-6572 (TTY/TDD).
FR Citation		82 FR 43697
RIN Number		3142-AA09
CFR Associated		Administrative Practice and Procedure and Labor Management Relations