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Presentation Audience

Rules & Regulations

Effective 3/10/2023

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

* On January 17, 2023, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued its decision in AFL-CIO v. NLRB, 57 F.4th 1023 (D.C. Cir. 2023), invalidating four provisions of the Board’s Rules and Regulations that had been adopted in 2019.

On March 10, 2023, the Board issued two Final Rules in the wake of AFL-CIO v. NLRB.  The first rescinded the four provisions that the D.C. Circuit had found invalid; that rule was effective on publication and the rescinded provisions no longer appear in the Code of Federal Regulations.  The second stayed implementation of two additional provisions until September 10, 2023.  Those two provisions were added in 2019, but had never gone into effect due to an earlier injunction.  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 listed only to note where the provisions appear): 

2019 Rules Currently Stayed Prior Rules That Remain in Effect

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

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.

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.

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


The previous versions of those rules in context may be found here

Delegation of Authority and Assigned Responsibilities of the General Counsel

Previous Versions of the Rules and Regulations