January 2011 - National Labor Relations Board

10134 PARTIES TO INFORMAL OR FORMAL SETTLEMENTSparty to the settlement. Thus, a necessary entity not charged in the case should executethe settlement as a party in interest.Should such a party in interest decline to execute the settlement agreement, theagreement should not be approved unless:(a) The party in interest files with the Regional Director a letter or otherdocument stating that it has knowledge of the proceedings and of the contemplatedsettlement and that it waives any right to be a party to the proceedings or to contest thesettlement or(b) In the case of a dissolved labor organization, the last executive officer of thatorganization files with the Regional Director a statement certifying that the organizationis dissolved and out of existence and that it does not claim to represent any of theemployees in the unit involved.Where, in a formal settlement, the actions set forth in either (a) or (b) hasoccurred, the letter, document or statement must be made part of the record. Sec.10166.3.10134.4 Nonparticipation of Necessary PartiesWhere the participation of other necessary parties cannot be obtained, it isnecessary that the counsel for the General Counsel proceed formally. The allegedlydominated organization, for example, should be served with complaint and notice ofhearing. If it fails to appear, only the respondent, charging party, and the GeneralCounsel remain as participants in the case. Under such circumstances, they may enterinto a settlement stipulation reciting the facts of service on, and nonappearance of, the8(a)(2) union.10134.5 Decertification Petitioner as Party in InterestIf the administrative investigation establishes either taint of a decertificationpetition or a causal nexus between a meritorious unfair labor practice charge and adecertification petition, the Regional Office should involve the petitioner in thesettlement process in an attempt to secure a withdrawal of the petition. See Sec.10131.5(b) and (c).10136 Settlement Issues in Priority CasesCertain unique issues that may arise in settlement of CC, CD, and CE cases areaddressed herein as indicated below. Notices in CC Cases: Sec. 10204 Settlements and Disclaimers in CD Cases: Sec. 10220 Settlements in CE Cases: Sec. 10224 Nonparticipation of Necessary Parties in CE Cases: Sec. 10224.2Revised 01/11