1 - National Labor Relations Board

40 Thirty-fourth Annual Report of the National Labor Relations Board
that the events were not included in that complaint, although
the parties were apparently aware of them, and no special circumstances
had been shown to justify making the alleged violation
the subject of a separate 8(a) (5) proceeding.
B. Conduct of Board Agents
During the report year, the Board had occasion to consider
cases in which it was contended that the conduct of Board agents
had prejudiced the proceedings. The role of the General Counsel's
representative in a postelection hearing in a representation case
was explained by the Board in Sahara-Tahoe Hotel,4 where it held
that the trail examiner erred in overruling challenges to ballots
on procedural grounds because of his view that the General Counsel's
representative "overstepped tolerable limitations by assuming
the role of a partisan advocate in the representation proceeding."
After a careful review of the record, the Board concluded
that the conduct of the General's Counsel representative was consistent
with his responsibility, as agent for the regional director,
for the development of a complete record concerning the issues
raised by the challenges "to assure that a determinative issue
concerning employee choice in a Board-conducted election be resolved
on the basis of competent evidence and a record fully presenting
the evidence developed in the prehearing investigation."
The Board noted that no prejudice resulted from the conduct of
the agent at the hearing, who had, in accordance with his opening
statement, called, examined, and cross-examined witnesses,
objected to evidence he considered improper, and argued the admissibility
of evidence bearing on the eligibility of the challenged
voters. It held that in no event would it be consistent with fundamental
statutory policies to decline consideration of the merit of
fully investigated, determinative challenges for the reason assigned
by the trial examiner.
In Singer Co., 5 the Board rejected the employer's contention
that an affidavit of a supervisor, taken by a Board attorney without
notice to and outside the presence of the charged party, and
therefore contrary to instructions to Board personnel issued by
the General Counsel and published in the NLRB Field Manual,6
4 173 NLRB No. 209.
5 176 NLRB No. 149.
'Sec. 10056.5, NLRB Field Manual, reads as follows.
Where respondent is represented by counsel or other representative and cooperation is
being extended to the Region in connect/on with its investigation of unfair labor practice
charges, the charged party's counsel or representative is to be contacted and afforded an
opportunity to be present during the interview of any supervisor or agent whose state-