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. § 102.53

Appeal of compliance determination to the General Counsel; General Counsel's action; request for review by the Board; Board action; opposition to appeal or request for review

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(a) Appeal of compliance determination to the General Counsel. The Charging Party may appeal a compliance determination to the General Counsel in Washington, DC, within 14 days of the written statement of compliance determination as set forth in § 102.52. The appeal must contain a complete statement setting forth the facts and reasons upon which it is based and must identify with particularity the error claimed in the Regional Director's determination. The General Counsel may for good cause shown extend the time for filing an appeal.

(b) General Counsel's action. The General Counsel may affirm or modify the Regional Director's determination or take such other action deemed appropriate, and must state the grounds for that decision.

(c) Request for review by Board. Within 14 days after service of the General Counsel's decision, the Charging Party may file a request for review of that decision with the Board in Washington, DC. The request for review must contain a complete statement of the facts and reasons upon which it is based and must identify with particularity the error claimed in the General Counsel's decision. A copy of the request for review must be served simultaneously on all other parties and on the General Counsel and the Regional Director.

(d) Board action. The Board may affirm or modify the General Counsel's decision, or otherwise dispose of the matter as it deems appropriate. The denial of the request for review will constitute an affirmance of the General Counsel's decision.

(e) Opposition to appeal or request for review. Within 7 days of receipt of a compliance appeal or request for review, a party may file an opposition to the compliance appeal or request for review.

Notes of Decisions
Cited in 7 cases, 1974–2015 · leading case: Deering Milliken, Inc. v. Irving, 548 F.2d 1131 (4th Cir. 1977).
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Deering Milliken, Inc. v. Irving, 548 F.2d 1131 (4th Cir. 1977). “Title 29 C.F.R. § 102.53 (a) sets out the contents of a back pay specification: Where the specification procedure is used, the specification shall specifically and in detail show, for each employee, the back-pay periods broken down by calendar quarters, and specific figures and…”
Dupuy v. Nat'l Labor Relations Bd., 806 F.3d 556 (D.C. Cir. 2015). “*559 A charging party who objects to the Regional Director’s compliance determination may appeal the determination to the Board’s General Counsel, 29 C.F.R. § 102.53 (a), and if still dissatisfied, may petition the Board for review, id.”
Int'l Longshoremen's & Warehousemen's Union, Local 34 v. Cargill, Inc., 372 F. Supp. 807 (N.D. Cal. 1974). · cites it 2× “Cargill relies upon an NLRB regulation governing back-pay proceedings, 29 C.F.R. § 102.53 (1973), for the proposition that before an award of back pay is proper, the union must first specify each employee who is to receive the pay and must set forth in detail the back-pay…”
Marine Welding & Repair Works, Inc. v. Nat'l Labor Relations Bd., 492 F.2d 526 (5th Cir. 1974). “As to the employee, Freddie Lee Walker, enforcement is denied, without prejudice, and his backpay award is remanded to the Board for further proceedings not inconsistent herewith.”
Marine Welding & Repair Works, Inc. v. Nat'l Labor Relations Bd., 492 F.2d 526 (5th Cir. 1974). “1 As a matter of practice, Board General Counsel, under Board Rules and Regulations, Series 8 (29 C.F.R., 102.53), includes in the backpay specifications a deduction of those amounts earned from other than the offending employer as revealed by personal interviews and social…”
Jamison Dupuy v. NLRB (D.C. Cir. 2015). “4 A charging party who objects to the Regional Director’s compliance determination may appeal the determination to the Board’s General Counsel, 29 C.F.R. § 102.53 (a), and if still dissatisfied, may petition the Board for review, id.”
Cieklinski v. Nat'l Labor Relations Bd., 224 F. App'x 727 (9th Cir. 2007). “See 29 C.F.R. § 102.53 ; Nat’l Labor Relations Bd.”
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