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ppt, but less than 850 ppt, pure NATIONAL LABOR RELATIONS procedure whereby a labor organization
platinum, and that do not contain at BOARD and an employer could file jointly a
least 950 parts per thousand PGM, and petition for certification consenting to
traditional platinum products in terms 29 CFR Parts 101 and 102 an election. The petition will provide
of the qualities material to consumers, the date on which the parties have
such as durability, luster, density, Joint Petitions for Certification agreed for an election, not to exceed 28
scratch and tarnish resistance, ability to Consenting to an Election days from the date of the filing of the
resize and repair, and hypoallergenicity. AGENCY: National Labor Relations Board petition, and the place and hours on
Please explain the basis for your answer (NLRB) which the parties have agreed for an
and provide evidence that supports your ACTION: Notice of Proposed Rulemaking. election. In addition, the petition will
answer. provide a description of the bargaining
16. Is there evidence indicating what the SUMMARY: As part of its ongoing efforts unit that the parties claim to be
terms ‘‘Karat Platinum,’’ ‘‘Platifina,’’ to address the needs of employers, appropriate, the payroll period for
‘‘Platinum V,’’ and ‘‘Platinum 5’’ mean individuals, and labor organizations and eligibility to vote in the election, and
to consumers? If so, please provide this to further the fundamental purposes of the full names and addresses of
evidence. the National Labor Relations Act, the employees eligible to vote in the
17. Do consumers associate the terms National Labor Relations Board (NLRB) election. If the petition lacks any
‘‘Karat Platinum,’’ ‘‘Platifina,’’ is proposing to adopt a rule that would necessary information, the Regional
‘‘Platinum V,’’ and ‘‘Platinum 5’’ with authorize a petition for a prompt NLRB Director will so advise the parties and
the qualities, such as durability, luster, election to be jointly filed by a labor request that the petition be corrected.
density, scratch and tarnish resistance, organization and an employer. The No showing of interest is required to
ability to resize and repair, and following proposal is offered to provide be filed with the petition. If it appears
hypoallergenicity, that are associated initial focus for public comment. The to the Regional Director that the
with traditional platinum products? If public is nevertheless encouraged to information provided on the petition is
so, please provide any evidence that suggest alternatives. accurate and sufficient and that the
supports your answer. DATES: All written comments must be bargaining unit description is
18. Is there evidence indicating what the received on or before March 27, 2008. appropriate on its face and not contrary
phrase ‘‘other non-platinum group ADDRESSES: All written comments
to any statutory provision, the petition
metals’’ means to consumers? If so, should be sent to the Office of the will be docketed. Within 3 days of the
please provide this evidence. Executive Secretary, National Labor docketing of the petition, the Regional
19. Should the Commission amend the Relations Board, 1099 14th Street, NW., Director will advise the parties of his/
platinum section of the Jewelry Guides Room 11600, Washington, DC 20570– her approval of their request for an
to address other products that contain 0001. The comments should be filed in election. The parties’ agreement as to
platinum, such as platinum-clad, filled, eight copies, double spaced on 81⁄2-by- the date, place, and hours of the election
plated, coated, or overlay products, that will be approved by the Regional
11 inch paper and shall be printed or
are not currently addressed in the Director, absent extraordinary
otherwise legibly duplicated.
section? circumstances.
FOR FURTHER INFORMATION CONTACT: Also within 3 days of the docketing of
a. If so, how and why? Lester A. Heltzer, Executive Secretary,
b. What evidence supports making the petition, the Regional Director will
Telephone (202) 273–1067, e-mail send to the employer official NLRB
your proposed revision(s)? Please
address Lester.Heltzer@nlrb.gov. notices, informing employees that the
provide this evidence and explain why
SUPPLEMENTARY INFORMATION: Section joint petition for certification has been
any such revision is necessary to ensure
that consumers are not misled including 102.62 of the Board’s Rules and filed and specifying the date, place, and
specific guidance as to the Regulations currently provides three hours of the election. These notices
recommended thickness of the filling, kinds of ‘‘consent’’ election procedures. must be posted by the employer in
plating, or overlay of such platinum Under § 102.62(a) and (b), the parties conspicuous places where notices to
products. must stipulate with respect to employees are customarily posted and
c. If not, why not? jurisdictional facts, labor organization must remain posted through the
status, appropriate unit description, and election. Failure to post these notices as
VI. Communications by Outside Parties classifications of employees included required shall be grounds for setting
to Commissioners or Their Advisors and excluded. The parties must also aside the election whenever proper and
Written communications and agree to the time, place, and other timely objections are filed under the
summaries or transcripts of oral election details. Under § 102.62(a), the provisions of § 102.69(a). In addition to
communications respecting the merits parties agree that post-election disputes these notices, the employer must also
of this proceeding from any outside will be resolved with finality by the post copies of the Board’s official Notice
party to any Commissioner or Regional Director. Under § 102.62(b), of Election in conspicuous places at
Commissioner’s advisor will be placed post-election disputes are resolved least 3 full working days prior to 12:01
on the public record. See 16 CFR pursuant to § 102.69 of the Board’s a.m. of the day of the election, as
1.26(b)(4). Rules and Regulations, with the parties required under § 103.20 of the Board’s
All comments should be filed as retaining the right to file exceptions or Rules and Regulations.
prescribed in the ADDRESSES section requests for review with the Board. Any motions to intervene may be filed
above, and must be received on or Under § 102.62(c), the parties can agree with the Regional Director in
before May 27, 2008. to the conduct of an election with accordance with § 102.65 of the Board’s
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By direction of the Commission. disputed pre-election and post-election Rules and Regulations, except that any
matters to be resolved with finality by such motion must be filed within 14
Donald S. Clark the Regional Director. days from the docketing of the petition.
Secretary The current proposal for revision of The Board’s traditional intervention
[FR Doc. E8–3594 Filed 2–25–08: 8:45 am] the Board’s Rules and Regulations policies regarding levels of intervention
BILLING CODE 6750–01–S would create a new, voluntary and the intervenor’s corresponding
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10200 Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Proposed Rules
rights to appear on the ballot, seek a § 101.18 Investigation of petition. processed in a manner consistent with
different unit either in scope or (a) * * * In the case of a petition for paragraphs (a) (4), (5), and (6) of this
composition, or insist on a hearing, will certification consenting to an election section.
be applicable. filed jointly by a labor organization and 5. Section § 102.60 is amended by
Unfair labor practice charges, an employer, the bargaining unit adding a new second sentence to
including those alleging Section 8(a)(2) description, if appropriate on its face paragraph (a), redesignating paragraph
or Section 8(a)(5) violations of the and not contrary to any statutory (b) as (c), and adding a new paragraph
National Labor Relations Act, will not provision, will be deemed to constitute (b) to read as follows:
serve to block the election or cause the an appropriate unit and there will be no
ballots cast in the election to be § 102.60 Petitions.
investigation of the evidence of
impounded, but will be handled in representation, which is not required to (a) * * * A petition may also be filed
conjunction with any post-election be filed. jointly by a labor organization and an
proceedings. All election and post- employer (see paragraph (b) of this
* * * * *
election matters will be resolved with section). * * *
4. Section 101.19 is amended by
finality by the Regional Director. Except (b) Joint petition for certification
adding a new sentence to the end of the
as outlined above, the Board’s consenting to an election; who may file;
introductory text and adding a new
traditional election rules and policies where to file; withdrawal.—A petition
paragraph (d) to read as follows:
will apply, including those relating to for certification consenting to an
withdrawal or dismissal of the petition. § 101.19 Consent adjustments before election may be filed jointly by a labor
Although the Agency has decided to formal hearing. organization and an employer. Where
give notice of proposed rulemaking with * * * In addition, the labor applicable, the same procedures set
respect to these rule changes, the organization and the employer may forth in paragraph (a) of this section
changes involve rules of agency consent to an election by means of filing shall be followed.
organization, procedure, or practice and a joint petition for certification, as 6. Section 102.61 is amended by
therefore no notice of proposed provided for in § 102.60(b), § 102.61(c), redesignating paragraphs (c) through (e)
rulemaking is required under section and § 102.62(d). as (d) through (f) and adding a new
553 of the Administrative Procedure Act paragraph (c) to read as follows:
(5 U.S.C. 553). Accordingly, the * * * * *
Regulatory Flexibility Act (5 U.S.C. 601) (d) A petition for certification § 102.61 Contents of petition for
does not apply to these rule changes. consenting to an election filed jointly by certification; contents of petition for
a labor organization and an employer is decertification; contents of petition for
List of Subjects in 29 CFR Parts 101 and another method of informal adjustment clarification of bargaining unit; contents of
102 of representation cases. petition for amendment of certification.
Administrative practice and (1) The terms of the consent election, * * * * *
procedure, Labor management relations. as specified on the petition, including (c) A petition for certification
For the reasons set forth above, the the bargaining unit description, the consenting to an election, when filed
NLRB proposes to amend 29 CFR parts payroll period to be used as a basis of jointly by a labor organization and an
101 and 102 as follows: eligibility to vote in the election, and employer, shall contain the following:
the place, date, and hours of balloting, (1) The name of the employer.
PART 101—STATEMENTS OF will be approved by the Regional (2) The address of the establishment
PROCEDURES Director, absent extraordinary involved.
circumstances, within 3 days of the (3) The general nature of the
1. The authority citation for 29 CFR docketing of the petition. Also within 3
part 101 continues to read as follows: employer’s business.
days of the docketing of the petition, the
Authority: Section 6 of the National Labor
(4) Commerce information
Regional Director will send to the
Relations Act, as amended (29 U.S.C. 151, establishing that the employer’s
employer official NLRB notices,
156), and sec. 55(a) of the Administrative operations affect commerce within the
informing employees that the petition
Procedure Act (5 U.S.C. 552(a)). Section meaning of the Act.
101.14 also issued under sec. 2112(a)(1) of has been filed and specifying the date,
(5) The name, the affiliation, if any,
Pub. L. 100–236, 28 U.S.C. 2112(a)(1). place, and hours of the election. These
and the address of the labor
notices must be posted by the employer
2. Section 101.17 is amended by organization.
in conspicuous places where notices to
adding a new second sentence and a employees are customarily posted and (6) A description of the bargaining
new sentence to the end of the section must remain posted through the unit that the parties claim to be
to read as follows: election. appropriate.
(2) The election will be conducted (7) The number of employees in the
§ 101.17 Initiation of representation cases
under the supervision of the Regional alleged appropriate unit.
and petitions for clarification and
amendment. Director in the manner already (8) The date on which the parties have
* * * In addition, a petition for described in this section. The filing of agreed for an election, not to exceed 28
certification consenting to an election an unfair labor practice charge will not days from the date of the filing of the
may be filed jointly by a labor serve to block the election or cause the petition.
organization and an employer. * * * ballots cast in the election to be (9) The place and hours on which the
If a petition for certification consenting impounded, but will be handled in parties have agreed for an election.
to an election is filed jointly by a labor conjunction with any post-election (10) The payroll period for eligibility
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Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Proposed Rules 10201
7. Section 102.62 is amended by certification of the results of the 1068. EPA’s policy is that all comments
adding a new paragraph (d) to read as election, including certifications of received will be included in the public
follows: representative where appropriate, with docket without change, and may be
the same force and effect as if issued by made available online at http://
§ 102.62 Consent-election agreements.
the Board, provided further that rulings www.regulations.gov, including any
* * * * * or determinations by the Regional personal information provided, unless
(d) Where a petition for certification Director in respect to any amendment of the comment includes information
consenting to an election has been duly such certification shall also be final. claimed to be Confidential Business
filed jointly by a labor organization and Information (CBI) or other information
an employer pursuant to § 102.60(b) and Dated: Washington, DC, February 11, 2008.
By direction of the Board. whose disclosure is restricted by statute.
102.61(c), and it appears to the Regional Do not submit information that you
Director that the information provided Lester A. Heltzer, consider to be CBI or otherwise
on the petition is accurate and sufficient Executive Secretary. protected through http://
and that the bargaining unit description [FR Doc. E8–2767 Filed 2–25–08; 8:45 am] www.regulations.gov or e-mail. The
is appropriate on its face and not BILLING CODE 7545–01–P http://www.regulations.gov Web site is
contrary to any statutory provision, the an ‘‘anonymous access’’ system, which
petition will be docketed. Within 3 days means EPA will not know your identity
of the docketing of the petition, the or contact information unless you
ENVIRONMENTAL PROTECTION
Regional Director will advise the parties
AGENCY provide it in the body of your comment.
of his/her approval of their request for
If you send an e-mail comment directly
an election. The parties’ agreement as to 40 CFR Part 52 to EPA without going through http://
the date, place, and hours of the election
[EPA–R03–OAR–2007–1068; FRL–8531–9] www.regulations.gov, your e-mail
will be approved by the Regional
address will be automatically captured
Director, absent extraordinary
Approval and Promulgation of Air and included as part of the comment
circumstances. Also within 3 days of the
Quality Implementation Plans; Virginia; that is placed in the public docket and
docketing of the petition, the Regional
Section 110(a)(1) 8-Hour Ozone made available on the Internet. If you
Director will send to the employer
Maintenance Plan for the White Top submit an electronic comment, EPA
official NLRB notices, informing
employees that the joint petition for Mountain, Smyth County, VA recommends that you include your
certification has been filed and 1-Hour Ozone Nonattainment Area name and other contact information in
specifying the date, place, and hours of the body of your comment and with any
AGENCY: Environmental Protection disk or CD–ROM you submit. If EPA
the election. These notices must be Agency (EPA).
posted by the employer in conspicuous cannot read your comment due to
ACTION: Proposed rule. technical difficulties and cannot contact
places where notices to employees are
customarily posted and must remain SUMMARY: EPA is proposing to approve you for clarification, EPA may not be
posted through the election. Failure to a State Implementation Plan (SIP) able to consider your comment.
post these notices as required herein revision submitted by the Electronic files should avoid the use of
shall be grounds for setting aside the Commonwealth of Virginia. This special characters, any form of
election whenever proper and timely revision pertains to a 10-year encryption, and be free of any defects or
objections are filed under the provisions maintenance plan for the White Top viruses.
of § 102.69(a). In addition to these Mountain 1-hour ozone nonattainment Docket: All documents in the
notices, the employer must also post area located in Smyth County, Virginia. electronic docket are listed in the
copies of the Board’s official Notice of This action is being taken under the http://www.regulations.gov index.
Election in conspicuous places at least Clean Air Act (CAA). Although listed in the index, some
3 full working days prior to 12:01 a.m. information is not publicly available,
DATES: Written comments must be
of the day of the election, as required i.e., CBI or other information whose
received on or before March 27, 2008. disclosure is restricted by statute.
under § 103.20. Any motions to ADDRESSES: Submit your comments,
intervene may be filed with the Regional Certain other material, such as
identified by Docket ID Number EPA– copyrighted material, is not placed on
Director in accordance with § 102.65, R03–OAR–2007–1068 by one of the
except that any such motion must be the Internet and will be publicly
following methods: available only in hard copy form.
filed within 14 days from the docketing A. http://www.regulations.gov. Follow
of the petition. The filing of an unfair Publicly available docket materials are
the on-line instructions for submitting available either electronically in http://
labor practice charge will not serve to comments.
block the election or cause the ballots www.regulations.gov or in hard copy
B. E-mail:
cast in the election to be impounded, during normal business hours at the Air
fernandez.cristina@epa.gov.
but will be handled in conjunction with C. Mail: EPA–R03–OAR–2007–1068, Protection Division, U.S. Environmental
any post-election proceedings in Cristina Fernandez, Chief, Air Quality Protection Agency, Region III, 1650
accordance with § 102.69. The election Planning Branch, Mailcode 3AP21, U.S. Arch Street, Philadelphia, Pennsylvania
shall be conducted under the direction Environmental Protection Agency, 19103. Copies of the State submittal are
and supervision of the Regional Region III, 1650 Arch Street, available at the Virginia Department of
Director. The method of conducting the Philadelphia, Pennsylvania 19103. Environmental Quality, 629 East Main
election shall be consistent with the D. Hand Delivery: At the previously Street, Richmond, Virginia 23219.
method followed by the Regional listed EPA Region III address. Such FOR FURTHER INFORMATION CONTACT:
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Director in conducting elections deliveries are only accepted during the Irene Shandruk, (215) 814–2166, or by
pursuant to § 102.69 and 102.70 except Docket’s normal hours of operation, and e-mail at shandruk.irene@epa.gov.
that the rulings and determinations by special arrangements should be made SUPPLEMENTARY INFORMATION: On August
the Regional Director of the results for deliveries of boxed information. 6, 2007, the Virginia Department of
thereof shall be final, and the Regional Instructions: Direct your comments to Environmental Quality (VADEQ)
Director shall issue to the parties a Docket ID No. EPA–R03–OAR–2007– submitted a revision to its (SIP) for
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