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. § 102.34

Who will conduct hearing; public unless otherwise ordered

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The hearing for the purpose of taking evidence upon a complaint will be conducted by an Administrative Law Judge designated by the Chief Administrative Law Judge, Deputy Chief Administrative Law Judge, or any Associate Chief Judge, as the case may be, unless the Board or any Board Member presides. At any time, an Administrative Law Judge may be designated to take the place of the Administrative Law Judge previously designated to conduct the hearing. Hearings will be public unless otherwise ordered by the Board or the Administrative Law Judge.

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 1969–2026 · leading case: Nat'l Labor Relations Bd. v. Bakers of Paris, Inc., 929 F.2d 1427 (9th Cir. 1991).
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Nat'l Labor Relations Bd. v. Bakers of Paris, Inc., 929 F.2d 1427 (9th Cir. 1991). “The hearings were open to the public, see 29 C.F.R. § 102.34 , and the witnesses for whom the interpreters translated testified *1441 in languages known to many.”
Riverside Press, Inc. v. Nat'l Labor Relations Bd., 415 F.2d 281 (5th Cir. 1969). “NLRB Rules and Regulations, 29 C.F.R. § 102.34 . . National Labor Relations Act § 10(b), 29 U.”
United Parcel Serv., Inc. v. Nat'l Labor Relations Bd., 706 F.2d 972 (3d Cir. 1983). “46 (1982); see also 29 C.F.R. § 102.34 (b) (brief filed in support of exceptions not included in record of case).”
Vitek Elec., Inc. v. Nat'l Labor Relations Bd., 763 F.2d 561 (3d Cir. 1985). · cites it 2× “On the other hand, an unfair labor practice hearing under 29 C.F.R. § 102.34 , as was held here, is subject to the Federal Rules of Evidence.”
amazon.com Servs., LLC v. Nat'l Labor Relations Bd., 163 F.4th 624 (9th Cir. 2025). · cites it 2× “§ 160 (b)–(c); 29 C.F.R. § 102.34 . But the Board, or an individual member of the Board, may also conduct the hearing in the first instance.”
Red Rock Resorts, Inc. v. Nat'l Labor Relations Bd., No. 2:24-cv-01966 (D. Nev. Sept. 30, 2025). “29 C.F.R. § 102.34 . The ALJ’s role is to 24 develop an administrative record, then issue a “proposed report, together with a 25 recommended order” to the NLRB.”
Care One, LLC v. NLRB, 166 F.4th 335 (2d Cir. 2026). “See 29 C.F.R. §§ 102.34 , 102.35(a). ALJs may be terminated “only for good cause established and determined by the Merit Systems Protection Board” (“MSPB”), 5 U.”
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