Operations In Fiscal Year 1988 - National Labor Relations Board

IIINLRB ProcedureA. Timeliness1. Unfair Labor Practice AllegationsIn Redd-I, Inc.,' the Board majority found, inter alia, that anuntimely allegation that is factually and legally related to theallegation(s) of a timely charge may be litigated, notwithstandingthat another charge encompassing the untimely allegation hasbeen withdrawn or dismissed.The pertinent facts of Redd-I, Inc. are as follows. The employerdischarged employee Don Kelley on August 19, 1985. Kelleywas named as an alleged discriminatee, along with eight otheremployees, in a charge filed on September 30, 1985. This chargewas withdrawn on November 14, 1985. On January 6, 1986, acharge was filed alleging that the employer violated Section8(a)(1) and (3) of the Act by terminating the employment of allthe employees named in the September charge with the exceptionof Kelley. 2 This charge was amended on March 3, 1986, toinclude seven additional employees who were also laid off on. August 15, 1985. On May 6, 1986, the charging party requestedthat the charge be amended further to include Kelley's name.The General Counsel moved at the hearing to amend the complaintto include an allegation concerning Kelley's discharge. Relyingon Winer Motors, 3 the administrative law judge denied theGeneral Counsel's motion at the hearing and also denied theGeneral Counsel's posthearing request that he reconsider hisruling on the motion to amend.The Board majority found that the allegation concerning Kelley'sdischarge was not barred under Section 10(b) of the Act becausethe discharge occurred within 6 months of a timely filedcharge and because it appeared to be closely related to the allegationsof that charge. In analyzing the circumstances, the majorityapplied a traditional Board test to determine whether Kelley'sdischarge was factually and legally related to the allegations ofthe timely filed charge, without regard to the withdrawn Sep-1290 NLRB No. 140 (Members Johansen and Cracraft; Chairman Stephens dissenting in part).2 Seven of the employees were laid off on August 15, 1985, and one employee was discharged onSeptember 20, 1985.'265 NLRB 1457 (1982).31