[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Rules and Regulations]
[Page 20156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07537]
[[Page 20156]]
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NATIONAL LABOR RELATIONS BOARD
29 CFR Part 103
RIN 3142-AA16
Representation--Case Procedures: Election Bars; Proof of Majority
Support in Construction-Industry Collective-Bargaining Relationships
AGENCY: National Labor Relations Board.
ACTION: Final rule; delay of effective date.
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SUMMARY: On April 1, 2020, the National Labor Relations Board (Board)
published a final rule making three amendments to its rules and
regulations governing the filing and processing of petitions for a
Board-conducted representation election and proof of majority support
in construction-industry collective-bargaining relationships. The
purpose of this document is to postpone implementation of the rule
during the National Emergency Concerning the Novel Coronavirus Disease
(COVID-19) Outbreak. The Board therefore delays the effective date from
June 1, 2020 to July 31, 2020.
DATES: The effective date of the final rule published on April 1, 2020,
at 85 FR 18366, is delayed from June 1, 2020 to July 31, 2020.
FOR FURTHER INFORMATION CONTACT: Roxanne L. Rothschild, Executive
Secretary, National Labor Relations Board, 1015 Half Street SE,
Washington, DC 20570-0001, (202) 273-1940 (this is not a toll-free
number), 1-866-315-6572 (TTY/TDD).
SUPPLEMENTARY INFORMATION: On April 1, 2020, the National Labor
Relations Board published a final rule making three amendments to its
rules and regulations governing the filing and processing of petitions
for a Board-conducted representation election and proof of majority
support in construction-industry collective-bargaining relationships.
The Board made the rule effective on June 1, 2020.
The Board has determined that a delayed effective date is required
to allow the Board's employees and stakeholders to focus on continuity
of their operations during the national emergency concerning the
Coronavirus pandemic during the next several months, rather than on
implementing and understanding the Board's new rule. Therefore, the
Board hereby delays the effective date of the rule to July 31, 2020.
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to the
rulemaking.
For the following reasons, the Board finds that notice and comment
would be impracticable, unnecessary, and contrary to the public
interest for this document delaying the effective date of its final
rule. First, given the ongoing pandemic and national emergency, the
Board believes that regulated entities should be focused on mitigating
the pandemic's serious ramifications and on understanding their
significant responsibilities and obligations under the pandemic relief
laws enacted by Congress in the last month.\1\ They should not be
required to expend human capital resources reviewing the rule to ensure
they understand the substantive changes, as the rule contemplates, or
to adjust to the rule's new obligations. 85 FR at 18397. Given the
immediate need to provide the Board's regulated entities with certainty
regarding the delayed timing of their responsibilities and obligations
under the new rule, submitting this short delay in the rule's effective
date to notice and comment would be impractical and contrary to the
public interest, per 5 U.S.C. 553(b)(3)(B).
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\1\ See Coronavirus Aid, Relief, and Economic Security Act,
Public Law 116-136 (Mar. 27, 2020); Families First Coronavirus
Response Act, Public Law 116-127 (Mar. 18, 2020).
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Second, the Board concludes that proceeding directly to final rule
is appropriate because notice and comment is unnecessary under the
circumstances. The Board believes that this change is in the nature of
a minor, technical correction. The Board issued its rule on April 1,
2020, only 5 days ago; therefore, the change in effective date is
almost contemporaneous with the rule itself. It is therefore unlikely
any parties will have relied on the rule to their detriment, and the
minor amendment to the effective date of the rule merely extends the
status quo for an additional 60 days. Moreover, the Board's initial
choice of effective date, June 1, 2020, was discretionary; the Board
did not propose an effective date in the NPRM, nor did it receive any
comments suggesting one. Given this swift correction, the Board
concludes that notice and comment is unnecessary to extend the
effective date an additional 60 days, or to July 31, 2020.
Dated: April 6, 2020.
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2020-07537 Filed 4-8-20; 8:45 am]
BILLING CODE 7545-01-P