Title 29--Labor
CHAPTER I--NATIONAL LABOR RELATIONS BOARD PART 102--RULES AND REGULATIONS, SERIES 8
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102.1 |
Terms defined in section 2 of the Act. |
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102.2 |
Act; Board; Board agent. |
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102.3 |
General counsel. |
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102.4 |
Region; subregion. |
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102.5 |
Regional director; officer-in-charge; regional attorney. |
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102.6 |
Administrative law judge; hearing officer. |
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102.7 |
State. |
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102.8 |
Party. |
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102.9 |
Who may file; withdrawal and dismissal. |
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102.10 |
Where to file. |
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102.11 |
Forms; jurat; or declaration. |
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102.12 |
Contents. |
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102.14 |
Service of charge. |
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102.15 |
When and by whom issued; contents; service. |
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102.16 |
Hearing; change of date or place. |
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102.17 |
Amendment. |
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102.18 |
Withdrawal. |
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102.19 |
Appeal to the general counsel from refusal to issue or reissue. |
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102.20 |
Answer to complaint; time for filing; contents; allegations not denied deemed admitted. |
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102.21 |
Where to file; service upon the parties; form. |
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102.22 |
Extension of time for filing. |
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102.23 |
Amendment. |
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102.24 |
Motions; where to file; contents; service on other parties; promptness in filing and response; default judgment procedures; summary judgment procedures. |
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102.25 |
Ruling on motions. |
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102.26 |
Motions, rulings, and orders part of the record; rulings not to be appealed directly to the Board without special permission; requests for special permission to appeal. |
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102.27 |
Review of granting of motion to dismiss entire complaint; reopening of the record. |
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102.28 |
Filing of answer or other participation in proceedings not a waiver of rights. |
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102.29 |
Intervention; requisites; rulings on motions to intervene. |
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102.30 |
Examination of witnesses; deposition. |
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102.31 |
Issuance of subpoenas; petitions to revoke subpoenas; rulings on claim of privilege against self-incrimination; subpoena enforcement proceedings; right to inspect and copy data. |
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102.32 |
Payment of witness fees and mileage; fees of persons taking depositions. |
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102.33 |
Transfer of charge and proceeding from region to region; consolidation of proceedings in same region; severance. |
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102.34 |
Who shall conduct; to be public unless otherwise ordered. |
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102.35 |
Duties and powers of administrative law judges; stipulations of cases to administrative law judges or to the Board; assignment and powers of settlement judges. |
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102.36 |
Unavailability of administrative law judge. |
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102.37 |
Disqualification of administrative law judge. |
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102.38 |
Rights of parties. |
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102.39 |
Rules of evidence controlling so far as practicable. |
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102.40 |
Stipulations of fact admissible. |
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102.41 |
Objection to conduct of hearing; how made; objections not waived by further participation. |
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102.42 |
Filings of briefs and proposed findings with the administrative law judge and oral argument at the hearing. |
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102.43 |
Continuance and adjournment. |
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102.45 |
Administrative law judge's decision; contents; service; transfer of case to the Board; contents of record in case. |
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102.46 |
Exceptions, cross-exceptions, briefs, answering briefs; time for filing; where to file; service on the parties; extension of time; effect of failure to include matter in exceptions; reply briefs; oral arguments. |
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102.47 |
Filing of motion after transfer of case to Board. |
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102.48 |
Action of the Board upon expiration of time to file exceptions to the administrative law judge's decision; decisions by the Board; extraordinary postdecisional motions. |
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102.49 |
Modification or setting aside of order of Board before record filed in court; action thereafter. |
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102.50 |
Hearings before Board or member thereof. |
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102.51 |
Settlement or adjustment of issues. |
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102.52 |
Compliance with Board order; notification of compliance determination. |
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102.53 |
Review by the General Counsel of compliance determination; appeal to the Board of the General Counsel's decision. |
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102.54 |
Initiation of formal compliance proceedings; issuance of compliance specification and notice of hearing. |
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102.55 |
Contents of compliance specification. |
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102.56 |
Answer to compliance specification. |
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102.57 |
Extension of date of hearing. |
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102.58 |
Withdrawal. |
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102.59 |
Hearing; posthearing procedure. |
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102.60 |
Petitions. |
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102.61 |
Contents of petition for certification; contents of petition for decertification; contents of petition for clarification of bargaining unit; contents of petition for amendment of certification. |
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102.62 |
Consent-election agreements. |
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102.63 |
Investigation of petition by regional director; notice of hearing; service of notice; withdrawal of notice. |
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102.64 |
Conduct of hearing. |
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102.65 |
Motions; interventions. |
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102.66 |
Introduction of evidence: rights of parties at hearing; subpoenas. |
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102.67 |
Proceedings before the regional director; further hearing; briefs; action by the regional director; appeals from action by the regional director; statement in opposition to appeal; transfer of case to the Board; proceedings before the Board; Board action. |
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102.68 |
Record; what constitutes; transmission to Board. |
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102.69 |
Election procedure; tally of ballots; objections; certification by the regional director; report on challenged ballots; report on objections; exceptions; action of the Board; hearing. |
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102.70 |
Runoff election. |
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102.71 |
Dismissal of petition; refusal to proceed with petition; requests for review by the Board of action of the regional director. |
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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 he has assumed jurisdiction. |
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102.73 |
Initiation of proceedings. |
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102.74 |
Complaint and formal proceedings. |
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102.75 |
Suspension of proceedings on the charge where timely petition is filed. |
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102.76 |
Petition; who may file; where to file; contents. |
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102.77 |
Investigation of petition by regional director; directed election. |
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102.78 |
Election procedure; method of conducting balloting; postballoting procedure. |
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102.79 |
Consent-election agreements. |
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102.80 |
Dismissal of petition; refusal to process petition under expedited procedure. |
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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 the general counsel of refusal to proceed on related charge. |
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102.82 |
Transfer, consolidation, and severance. |
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102.83 |
Petition for referendum under section 9(e)(1) of the Act; who may file; where to file; withdrawal. |
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102.84 |
Contents of petition to rescind authority. |
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102.85 |
Investigation of petition by regional director; consent referendum; directed referendum. |
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102.86 |
Hearing; posthearing procedure. |
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102.87 |
Method of conducting balloting; postballoting procedure. |
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102.88 |
Refusal to conduct referendum; appeal to Board. |
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102.89 |
Initiation of proceedings. |
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102.90 |
Notice of filing of charge; notice of hearing; hearing; proceedings before the Board; briefs; determination of dispute. |
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102.91 |
Compliance with determination; further proceedings. |
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102.92 |
Review of determination. |
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102.93 |
Alternative procedure. |
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102.94 |
Expeditious processing of section 10(j) cases. |
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102.95 |
Priority of cases pursuant to section 10(l) and (m) of the Act. |
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102.96 |
Issuance of complaint promptly. |
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102.97 |
Expeditious processing of section 10(l) and (m) cases in successive stages. |
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102.98 |
Petition for advisory opinion; who may file; where to file. |
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102.99 |
Contents of petition for advisory opinion; contents of request for administrative advice. |
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102.100 |
Notice of petition; service of petition. |
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102.101 |
Response to petition; service of response. |
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102.102 |
Intervention. |
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102.103 |
Proceedings before the Board; briefs; advisory opinions. |
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102.104 |
Withdrawal of petition. |
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102.105 |
Petitions for declaratory orders; who may file; where to file; withdrawal. |
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102.106 |
Contents of petition for declaratory order. |
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102.107 |
Notice of petition, service of petition. |
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102.108 |
Response to petition; service of response. |
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102.109 |
Intervention. |
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102.110 |
Proceedings before the Board; briefs; declaratory orders. |
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102.111 |
Time computation. |
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102.112 |
Date of service; date of filing. |
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102.113 |
Methods of service of process and papers by the Agency; proof of service. |
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102.114 |
Filing and service of papers by parties; form of papers; manner and proof of filing or service; electronic filings. |
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102.115 |
Certification of papers and documents. |
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102.116 |
Signature of orders. |
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102.117 |
Freedom of Information Act Regulations: Board materials and formal documents available for public inspection and copying; requests for described records; time limit for response; appeal from denial of request; fees for document search and duplication; files and records not subject to inspection. |
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102.118 |
Present and former Board employees prohibited from producing files, records, etc., pursuant to subpoena ad testificandum or subpoena duces tecum; prohibited from testifying in regard thereto; production of witnesses' statements after direct testimony. |
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102.119 |
Privacy Act Regulations: notification as to whether a system of records contains records pertaining to requesting individuals; requests for access to records, amendment of such records, or accounting of disclosures; time limits for response; appeal from denial of requests; fees for document duplication; files and records exempted from certain Privacy Act requirements. |
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102.120 |
Post-employee restrictions on activities by former Officers and employees. |
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102.121 |
Rules to be liberally construed. |
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102.122 |
Enforcement. |
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102.123 |
Amendment or rescission of rules. |
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102.124 |
Petitions for issuance, amendment, or repeal of rules. |
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102.125 |
Action on petition. |
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102.126 |
Unauthorized communications. |
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102.127 |
Definitions. |
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102.128 |
Types of on-the-record proceedings; categories of Board agents; and duration of prohibition. |
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102.129 |
Communications prohibited. |
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102.130 |
Communications not prohibited. |
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102.131 |
Solicitation of prohibited communications. |
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102.132 |
Reporting of prohibited communications; penalties. |
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102.133 |
Penalties and enforcement. |
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102.135 |
Employment-management agreements. |
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102.136 |
Establishment and utilization of advisory committees. |
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102.137 |
Public observation of Board meetings. |
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102.138 |
Definition of meeting. |
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102.139 |
Closing of meetings; reasons therefor. |
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102.140 |
Action necessary to close meetings; record of votes. |
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102.141 |
Notice of meetings; public announcement and publication. |
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102.142 |
Transcripts, recordings or minutes of closed meetings; public availability; retention. |
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102.143 |
``Adversary adjudication'' defined; entitlement to award; eligibility for award. |
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102.144 |
Standards for awards. |
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102.145 |
Allowable fees and expenses. |
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102.146 |
Rulemaking on maximum rates for attorney or agent fees. |
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102.147 |
Contents of application; net worth exhibit; documentation of fees and expenses. |
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102.148 |
When an application may be filed; place of filing; service; referral to administrative law judge; stay of proceeding. |
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102.149 |
Filing of documents; service of documents; motions for extension of time. |
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102.150 |
Answer to application; reply to answer; comments by other parties. |
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102.151 |
Settlement. |
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102.152 |
Further proceedings. |
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102.153 |
Administrative law judge's decision; contents; service; transfer of case to the Board; contents of record in case. |
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102.154 |
Exceptions to administrative law judge's decision; briefs; action of Board. |
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102.155 |
Payment of award. |
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102.156 |
Administrative offset; purpose and scope. |
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102.157 |
Definitions. |
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102.158 |
Agency requests for administrative offsets and cooperation with other Federal agencies. |
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102.159 |
Exclusions. |
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102.160 |
Agency responsibilities. |
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102.161 |
Notification. |
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102.162 |
Examination and copying of records related to the claim; opportunity for full explanation of the claim. |
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102.163 |
Opportunity for repayment. |
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102.164 |
Review of the obligation. |
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102.165 |
Cost shifting. |
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102.166 |
Additional administrative collection action. |
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102.167 |
Prior provision of rights with respect to debt. |
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102.168 |
Federal income tax refund offset; purpose and scope. |
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102.169 |
Definitions. |
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102.170 |
Agency referral to IRS for tax referral effect; Agency responsibilities. |
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102.171 |
Cost shifting. |
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102.172 |
Minimum referral amount. |
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102.173 |
Relation to other collection efforts. |
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102.174 |
Debtor notification. |
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102.175 |
Agency review of the obligation. |
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102.176 |
Prior provision of rights with respect to debt. |
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102.177 |
Exclusion from hearings; Refusal of witness to answer questions; Misconduct by attorneys and party representatives before the Agency; Procedures for processing misconduct allegations. |
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Appendix |
Appendix A to Part 102--NLRB Official Office Hours. |