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Presentation Audience

Rules & Regulations

National Labor Relations Act

NLRB Rules and Regulations - Part 101 (Statements of Procedure)
NLRB Rules and Regulations - Part 102 (Rules and Regulations) -  eCFR Section 102*
NLRB Rules and Regulations - Part 103 (Other Rules) - eCFR Section 103

* The Board has stayed implementation of two provisions from a 2019 Final Rule concerning representation case procedures until December 26, 2023.  Those two provisions were added in 2019, but had never gone into effect due to an earlier injunction and a prior stay.  Accordingly, although these two provisions appear in the Code of Federal Regulations, they are not currently in effect.  Rather, the prior versions of those rules remain in effect. 

The chart below lists the two provisions that are currently stayed and the prior provisions that remain in effect.  (Sections of the Rules are provided only to note where the provisions appear): 

2019 Provisions Currently Stayed Prior Rules That Remain in Effect

1.  Section 102.64(a):  Gives parties the right to litigate most voter eligibility and inclusion issues prior to an election.

1.  Section 102.64(a):  Disputes concerning individuals’ eligibility to vote in an appropriate unit ordinarily need not be litigated or resolved before an election is conducted.

2.  Section 102.67(b):  The Regional Director normally will not schedule an election before the 20th business day after the date of the direction of election.

2.  Section 102.67(b):  The Regional Director shall schedule the election for the earliest date practicable.


On August 25, 2023, the Board issued another Final Rule substantially rescinding the the Board’s 2019 Final Rule, including the two stayed provisions noted above.  This Final Rule is effective on December 26, 2023.  The Final Rule is summarized in a Fact Sheet and a Chart.

Previous Versions of the Rules and Regulations