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NLRB Issues Procedural Updates to Rules & Regulations, and Updated Guide to Board Procedures

On February 24, 2017, the National Labor Relations Board made procedural amendments to Part 102 of the Rules and Regulations. These updates eliminate outdated references to telegraphs, carbon copies, and the requirements for submitting multiple copies of hard copy submissions; use more plain language and eliminate legalistic terms; reorganize the Rules and add headings so that subject matter is easier to find; and update and streamline procedural provisions of the FOIA regulations.  These changes became effective March 6, 2017.

The revised Rules and Regulations also require that all documents filed in cases before the Agency be E-Filed unless the party files a statement explaining why the party does not have access to the means for filing electronically or why filing electronically would impose an undue burden. 

In addition, the NLRB has posted an updated Guide to Board Procedures to reflect the changes in the updated Rules and Regulations.  The Guide to Board Procedures is intended to assist parties in complying with the Board’s Rules and Regulations and administrative practices. The Guide is intended not only for the practitioner who is generally familiar with the Board’s procedural requirements, but is especially designed to help those with little or no familiarity with the rules. The Guide specifically applies to practice before the Board (not the Regional Offices or Office of Appeals), and covers filing requirements and questions concerning many other procedures and practices.  The Guide includes, among other helpful provisions, quick reference guides for unfair labor practice and representation case filings with the Board, a checklist for preparing exceptions, cross-exceptions, and briefs, and a number of helpful hints on how to avoid common filing mistakes.

The NLRB is an independent federal agency enforcing the National Labor Relations Act, which guarantees the right of most private sector employees to organize, to engage in group efforts to improve their wages and working conditions, to determine whether to have unions as their bargaining representative, to engage in collective bargaining, and to refrain from any of these activities. It acts to prevent and remedy unfair labor practices committed by private sector employers and unions.

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