January 2011 - National Labor Relations Board

10131 SPECIFIC REMEDIES10130.10 Default LanguageThe Regional Office should include in informal settlement agreements defaultlanguage as set forth in Sec. 10146.7. See GC Memo 11-04.10130.11 Confessions of JudgmentIn circumstances such as backpay installment payment plans and other situationsin which the ability of a charged party or respondent to meet its backpay obligations isuncertain, Regional Offices should consider using a Confession of Judgment, also calleda “consent judgment.” In a Confession of Judgment, the charged party or respondentacknowledges that the total sum to be paid in installments is “justly due the NLRB,” andauthorizes the entry of a judgment of record “against it and in favor of the NLRB” for thetotal sum owed. A Confession of Judgment can be used at all stages of Boardproceedings, including settlement agreements and in compliance with Board or courtorders.A Confession of Judgment, which is filed in the appropriate United States districtcourt, does not require Board approval, but must comply with all statutory requirementsand legal precedent of the state of filing. Once filed, Regions may utilize thepostjudgment collection procedures of the Federal Debt Collection Procedure Act(FDCPA) to obtain compliance, thus allowing actions such as execution against assets,garnishment of bank accounts and/or accounts receivable, and discovery under FRCPRule 69.Regional Offices should confer with the Contempt Litigation and ComplianceBranch when use of a Confession of Judgment is contemplated. See OM Memo 09-58.10131 Specific RemediesThe Agency has a responsibility to periodically reexamine and update its remedialstrategies. Accordingly, the Regional Office should be alert to any remedial initiatives whichthe General Counsel has decided to pursue. Absent direction from relevant GC or OMMemos, before seeking a nontraditional remedy the Regional Office must first seekauthorization from the Division of Advice. See GC Memos 00-03 and 11-11, and OM Memo99-79.In addition, specific remedies may be appropriate in particular circumstances suchas those described below.10131.1 Remedies in First Contract Bargaining CasesSerious harm to the collective-bargaining process may result from violationscommitted during initial contract bargaining. See GC Memos 11-06 and 07-08. In orderto directly and effectively address the consequences of bad-faith bargaining and otherviolations during first contract negotiations and restore the pre-violation conditions andrelative positions of the parties, various remedies should be considered, such as:Revised 01/11