C.F.R. » Title 29 » CHAPTER I—NATIONAL LABOR RELATIONS BOARD › PART 102—RULES AND REGULATIONS, SERIES 8 › Subpart C—Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices

29 C.F.R. § 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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All motions, rulings, and orders will become a part of the record, except that rulings on motions to revoke subpoenas will become a part of the record only upon the request of the party aggrieved thereby as provided in § 102.31. Unless expressly authorized by the Rules and Regulations, rulings by the Regional Director or by the Administrative Law Judge on motions and/or by the Administrative Law Judge on objections, and related orders, may not be appealed directly to the Board except by special permission of the Board, but will be considered by the Board in reviewing the record if exception to the ruling or order is included in the statement of exceptions filed with the Board pursuant to § 102.46. Requests to the Board for special permission to appeal from a ruling of the Regional Director or of the Administrative Law Judge, together with the appeal from such ruling, must be filed in writing promptly and within such time as not to delay the proceeding, and must briefly state the reasons special permission may be granted and the grounds relied on for the appeal. The moving party must simultaneously serve a copy of the request for special permission and of the appeal on the other parties and, if the request involves a ruling by an Administrative Law Judge, on the Administrative Law Judge. Any statement in opposition or other response to the request and/or to the appeal must be filed within 7 days of receipt of the appeal, in writing, and must be served simultaneously on the other parties and on the Administrative Law Judge, if any. If the Board grants the request for special permission to appeal, it may proceed immediately to rule on the appeal.

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1968–2026 · leading case: United Nat. Foods v. NLRB, 66 F.4th 536 (5th Cir. 2023).
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United Nat. Foods v. NLRB, 66 F.4th 536 (5th Cir. 2023). · cites it 2× “3 See 29 C.F.R. § 102.26 (providing that the rulings of Regional Directors “may not be appealed directly to the Board except by special permission of the Board” and that “[r]equests to the Board for special permission to appeal” must be filed “together with the appeal”).”
Int'l Union of Operating Engineers, Local 150, Afl-Cio v. Nat'l Labor Relations Bd., & Brandt Constr. Co., Intervening, 325 F.3d 818 (7th Cir. 2003). “26 of the Rules and Regulations of the NLRB, see 29 C.F.R. § 102.26 (provides for interlocutory appeals to the Board, which are discretionary), challenging the settlement.”
Boston Police Superior Officers Fed'n v. City of Boston, 608 N.E.2d 1023 (Mass. 1993). “If a party moving for revocation or modification of the subpoena is aggrieved by the administrative law judge’s ruling, that party may request that the issue be made part of the record transmitted to the board for appeal purposes.”
Salem Hosp. Corp. v. Nat'l Labor Relations Bd., 808 F.3d 59 (D.C. Cir. 2015). “The Union relied on 29 C.F.R. § 102.26 to press its Special Appeal but that rule governs appeals in unfair labor practices proceedings.”
Augusta Bakery Corp. v. Nat'l Labor Relations Bd., 846 F.2d 445 (7th Cir. 1988). “Under 29 C.F.R. § 102.26 Augusta was entitled to petition the Board for review.”
Remington Lodging & Hosp., LLC v. Ahearn, 749 F. Supp. 2d 951 (D. Alaska 2010). “As Respondent notes, Petitioner also has various means of appealing any ruling by the ALJ on the ULP charges and Respondent's representation decision to the NLRB.”
Oshkosh Truck Corp. v. Nat'l Labor Relations Bd., 530 F.2d 744 (7th Cir. 1976). “See 29 C.F.R. § 102.26 (1975). 6 . The Board’s telegraphic order read in relevant part: Charging party’s request for special permission to appeal the administrative law judge’s decision to approve the informal settlement agreement is denied on the ground that it appears to be a…”
Nat'l Nutritional Foods Ass'n v. Food & Drug Admin., 504 F.2d 761 (2d Cir. 1975). “11(e) (1973); 29 C.F.R. 102.26, 102.41 (1972); Gellhorn and Larsen, Interlocutory Appeal Procedures in Administrative Hearings, 70 Mich.”
Nat'l Nutritional Foods Ass'n v. Food & Drug Admin., 504 F.2d 761 (2d Cir. 1974). “11(e) (1973); 29 C.F.R. §§ 102.26 , 102.41 (1972) ; Gellhorn and Larsen, Interlocutory Appeal Procedures in Administrative Hearings, 70 Mich.”
Jbm, Inc. v. Prod. Workers Union, Local 707, 454 F. Supp. 2d 680 (S.D. Ohio 2006). “) Although the NLRB’s Rules and Regulations provide for an appeal of such a decision by the ALJ, see 29 C.F.R. § 102.26 (2004), no appeal to the NLRB was taken.”
Int'l Bhd. of Boilermakers, Local 6 v. Nat'l Labor Relations Bd., 872 F.2d 331 (9th Cir. 1989). “See 29 C.F.R. § 102.26 (1988) (Board has discretion whether or not to review an AU’s rulings on motions).”
Care One, LLC v. Nlrb (2d Cir. 2026). · cites it 2× “See 29 C.F.R. § 102.26 . In any event, at the conclusion of proceedings before an ALJ, the Board automatically transfers the case to itself.”
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