29 C.F.R. § 102.1

Terms defined in Section 2 of the Act

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(a) Definition of terms. The terms person, employer, employee, representative, labor organization, commerce, affecting commerce, and unfair labor practice as used herein have the meanings set forth in Section 2 of the National Labor Relations Act, as amended by title I of the Labor Management Relations Act, 1947.

(b) Act, Board, and Board agent. The term Act means the National Labor Relations Act, as amended. The term Board means the National Labor Relations Board and must include any group of three or more Members designated pursuant to Section 3(b) of the Act. The term Board agent means any Member, agent, or agency of the Board, including its General Counsel.

(d) Region and Subregion. The term Region means that part of the United States or any territory thereof fixed by the Board as a particular Region. The term Subregion means that area within a Region fixed by the Board as a particular Subregion.

(e) Regional Director, Officer-in-Charge, and Regional Attorney. The term Regional Director means the agent designated by the Board as the Regional Director for a particular Region, and also includes any agent designated by the Board as Officer-in-Charge of a Subregional office, but the Officer-in-Charge must have only such powers, duties, and functions appertaining to Regional Directors as have been duly delegated to such Officer-in-Charge. The term Regional Attorney means the attorney designated as Regional Attorney for a particular Region.

(f) Administrative Law Judge and Hearing Officer. The term Administrative Law Judge means the agent of the Board conducting the hearing in an unfair labor practice proceeding. The term Hearing Officer means the agent of the Board conducting the hearing in a proceeding under Section 9 or in a dispute proceeding under Section 10(k) of the Act.

(g) State. The term State includes the District of Columbia and all States, territories, and possessions of the United States.

(h) Party. The term party means the Regional Director in whose Region the proceeding is pending and any person named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any Board proceeding, including, without limitation, any person filing a charge or petition under the Act, any person named as Respondent, as employer, or as party to a contract in any proceeding under the Act, and any labor organization alleged to be dominated, assisted, or supported in violation of Section 8(a)(1) or 8(a)(2) of the Act; but nothing herein should be construed to prevent the Board or its designated agent from limiting any party to participate in the proceedings to the extent of the party's interest only.

(i) Business day. The term business day means days that Agency offices are open normal business operating hours, which is Monday through Friday, excluding Federal holidays. A list of Federal holidays can be found at www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/.

[82 FR 11751, Feb. 24, 2017, as amended at 84 FR 69588, Dec. 18, 2019]

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1969–2023 · leading case: Casino Pauma v. NLRB, 888 F.3d 1066 (9th Cir. 2018).

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Casino Pauma v. NLRB, 888 F.3d 1066 (9th Cir. 2018). · cites it 2× “NLRB for two reasons: because the NLRA generally “draw[s] a sharp distinction between private and public employers,” and because the Board has long had a regulation defining a “State” to include “the District of Columbia and all States, territories, and possessions of the United…”

NLRB v. Neises Constr. Corporatio, 62 F.4th 1040 (7th Cir. 2023). “Neises may object to those costs within twenty-one days; if it does, the Union may reply within fourteen days of Neises’s objections.”

Vane v. Nocella, 494 A.2d 181 (Md. 1985). “29 C.F.R. § 102.1 (1984) incorporates the definition of “person” in § 2(1) of the NLRA.”

Employers Ins. of Wausau v. Ramette (In Re HLM Corp.), 183 B.R. 852 (D. Minnesota 1994). “§§ 152(2) (labor management relations), 262(a) (Fair Labor Standards Act), 630(b) (age discrimination in employment), 652(5) (Occupation Safety and Health Act), 1002(5) (ERISA), 2001(2) (employee polygraph protection), 2101(a) (workers' retraining notification), 2611(4) (family…”

Nat'l Labor Relations Bd. v. Frazier, 144 F.R.D. 650 (D.N.J. 1992). “Under 29 C.F.R. § 102.1 (d) (1992), “[njeither the general counsel nor the [NLRB is] deemed .”

Aguinaga v. John Morrell & Co., 713 F. Supp. 368 (D. Kan. 1988). “§ 152 (1); 29 C.F. R. § 102.1. The Unions argue that since plaintiffs had the right to pursue an unfair labor practice charge themselves, the Unions wielded no exclusive power, and no duty of fair representation existed.”

Maxwell Co. v. Nat'l Labor Relations Bd., 414 F.2d 477 (6th Cir. 1969). “and “Part 102—Rules and Regulations, Series 8,” 29 C.F.R. 102.1 et seq. We are of the view that the Regulations above referred to provide for the Regional Director’s investigation of the Union’s petition for representation; for his conclusion that there was, or was not, a…”

NLRB v. Neises Constr. Corporatio (7th Cir. 2023). “Neises may object to those costs within twenty-one days; if it does, the Union may reply within fourteen days of Neises’s objections.”

Sawyer v. Noah's Ark Processors, LLC (D. Neb. 2020). “See 29 C.F.R. § 102.1 (h). The Court is unpersuaded that the labels affixed to the participants when the Board commences an enforcement action in federal court pursuant to § 160(j) serve to alter the underlying reality that the Union is the original complainant who initiated…”

The Maxwell Co. v. Nat'l Labor Relations Bd., 414 F.2d 477 (6th Cir. 1969). “and "Part 102 Rules and Regulations, Series 8," 29 C.F.R. 102.1 et seq. 124 We are of the view that the Regulations above referred to provide for the Regional Director's investigation of the Union's petition for representation; for his conclusion that there was, or was not, a…”

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