January 2011 - National Labor Relations Board

10146 NATURE OF INFORMAL SETTLEMENT AGREEMENTSIn addition, when a complaint has not issued the Scope of Agreement clauseshould describe all allegations of the charge(s) that were settled and describe any specificremedial relief sought. See GC Memo 11-04. Although Regional Offices may usevarious approaches to meet this requirement, it is important that the description of theallegations and any remedy language be sufficiently specific to support the motion fordefault judgment and put the charged party on notice which allegations would be in thecomplaint and any specific remedies which would be sought.10146.4 Special Provisions in 10(j) and (l) CasesWhen a 10(j) or (l) injunction has been obtained prior to the settlement of a case,the standard provision for withdrawal of the complaint on execution of the settlementshould be altered through an addendum to the settlement agreement form to provide forwithdrawal of complaint upon closing of the matter in compliance. Since an interiminjunction terminates by operation of law upon the Board’s final disposition of a case,postponing withdrawal of the complaint allows the interim injunction to remain in effectuntil the Regional Office is assured that there has been compliance with the settlement.Such an arrangement ensures that the respondent remains under the legal restraint of theinterim injunction, which is enforceable by contempt proceedings. In the eventrespondent breaches the settlement, the settlement is set aside and the complaint islitigated while the injunction remains in effect. OM 01-62.In this connection, when settling a case in which a 10(j) or (l) injunction has beenobtained, the Regional Office should strike the final sentence in the paragraph “Refusal toIssue Complaint” and substitute the following by an attachment:The Complaint and any Answer(s) in [the captionedadministrative cases and numbers] shall be withdrawn uponclosing of these matters on compliance. Respondent agreesnot to move to vacate, modify, dissolve, clarify or alter theinjunction decree in [caption and case number of the 10(j) or(l) decree] on the basis that this Settlement Agreement hasbeen reached. The closing of these matters on compliancewill be considered the final adjudication of these cases beforethe Board for the purposes of [caption and case number of the10(j) or (l) decree]. Until these matters have been closed oncompliance, the injunction in [caption and case number of the10(j) or (l) decree] will continue in full force and effect for allpurposes.If a 10(l) decree is obtained prior to the issuance of the ULP complaint, the firstsentence should be modified to provide that the charge will remain pending until the caseis closed on compliance.Revised 12/11