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. § 102.39

Rules of evidence controlling so far as practicable

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The hearing will, so far as practicable, be conducted in accordance with the rules of evidence applicable in the district courts of the United States under the rules of civil procedure for the district courts of the United States, adopted by the Supreme Court of the United States pursuant to the Act of June 19, 1934 (U.S.C., title 28, Sections 723-B, 723-C).

Notes of Decisions
Cited in 6 cases, 1972–2018 · leading case: HealthBridge Mgmt., LLC v. Nat'l Labor Relations Bd., 798 F.3d 1059 (D.C. Cir. 2015).
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HealthBridge Mgmt., LLC v. Nat'l Labor Relations Bd., 798 F.3d 1059 (D.C. Cir. 2015). · cites it 2× “See 29 C.F.R. § 102.39 (“Any . . . proceeding shall, so far as practicable, be conducted in accordance with the rules of evidence applicable in the district courts of the United States .”
Browning-Ferris Indus. of Cal., Inc. v. Nat'l Labor Relations Bd., 911 F.3d 1195 (D.C. Cir. 2018). “24 29 C.F.R. § 102.39 ("The hearing will, so far as practicable, be conducted in accordance with the rules of evidence applicable in the district courts of the United States.”
Ozark Auto. Distributors, Inc. v. Nat'l Labor Relations Bd., 779 F.3d 576 (D.C. Cir. 2015). “§ 160 (b); 29 C.F.R. § 102.39 . In proceedings challenging election results, “rules of evidence prevailing in courts” are “not [ ] controlling.”
Marathon Letourneau Co., Longview Div., Petitioner-Cross v. Nat'l Labor Relations Bd., Respondent-Cross, 699 F.2d 248 (5th Cir. 1983). “See 29 C.F.R. § 102.39 (1981); N.L.R.B. v. Houston Distribution Services, Inc.”
Nat'l Labor Relations Bd., & Sheet Metal Workers Int'l Ass'n, Local Union No. 20, Intervening v. George Koch Sons, Inc., 950 F.2d 1324 (7th Cir. 1991). “29 C.F.R. § 102.39 . Therefore, just as parties are not permitted, without restriction, to present new evidence on appeal in the civil and criminal context, neither should Koch be permitted to raise evidence and issues to the Board that were available but not raised to the AU.”
Nat'l Labor Relations Bd. v. Colonial Knitting Corp., 464 F.2d 949 (3rd Cir. 1972). “§ 160 (b), 29 C.F.R. 102.39, and F.R.Civ.P. 43(a). 7 .”
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