January 2011 - National Labor Relations Board

10166 CONTENT OF A FORMAL SETTLEMENT STIPULATIONthe date of execution of the stipulation, or, in the alternative, it may provide for paymentsonly after Board approval. Sec. 10168, Pattern at VI (2)(e) and (f) and OM-98-67.Security documents such as a personal guarantee, third party guarantee,assignment of contract proceeds, real property mortgage, real property deed of trust,surety bond and security agreement, when required, should be included as part of thesettlement stipulation as attachments.(h) Reinstatement/Expungement: Where offers of reinstatement/instatement are tobe required, the name of each discriminatee entitled to reinstatement/instatement shouldbe included in the proposed order and notice. Sec. 10168, Pattern at VI (2)(b).If the discriminatee is to be reinstated to a position different than his formerposition, that position should be specified. Sec. 10130.3.In circumstances where the discriminatee has chosen to forgo reinstatement/instatement,the proposed order and notice should provide that the discriminateedoes not desire reinstatement/instatement or that such an offer has been refused. Secs.10130.4 and 10130.9.The proposed order should provide for expungement of records and writtenconfirmation of expungement in cases of unlawful discipline or discharge. Sec. 10168,Pattern at VI (2)(c) and also see Indian Hills Care Center, 321 NLRB 144, 145 (1996)(“Within 14 days from the date of this Order, remove from its files any reference to theunlawful discharge, and within 3 days thereafter notify the employees in writing that thishas been done and that the discharges will not be used against them in any way.”).(i) Hiring Halls: In circumstances where there is an exclusive hiring hall, theproposed order should provide that the discriminatees be given credit in the seniorityformula for the number of hours of employment discriminatorily denied them. Sec.10130.10.(j) Specific Orders: For specific order provisions in CA cases consult Sec. 10168,and in CB, CC, and CD cases consult Sec. 10170.10166.6 Proposed Notice and Related Order ProvisionsCertain specific issues relative to notices proposed in formal settlement stipulationsare addressed below.(a) Notice Content: The notice should: Be directed to the appropriate group and on the appropriate notice form(“Employees” or “Employees and Members”). Sec. 10132.2. Mirror the provisions of the proposed order Conform to those normally issued by the Board in contested cases Be written in clear layperson’s language, Ishikawa Gasket America, Inc.,337 NLRB 175 (2001) Set forth a statement of rights under Section 7 of the Act, a statementdescribing the function of the Board and its processes, and the contactRevised 12/09