January 2011 - National Labor Relations Board

10214 THE 10(K) HEARING10214 The 10(k) HearingIf it appears that the charge has merit, the Regional Office should issue a Noticeof 10(k) Hearing, unless the parties agree on a method of voluntary adjustment of thedispute or unless they actually adjust it. Sec. 10216.10214.1 Notice of Hearing and ServiceThe Notice of Hearing should include in the caption all entities as described inSec. 10208. The Pattern for Notice of Hearing is set forth below:[Case Caption]NOTICE OF HEARINGPLEASE TAKE NOTICE that on [date], 20__, at [hour and place]and on consecutive days thereafter until concluded, a hearing officer ofthe National Labor Relations Board will conduct a hearing pursuant toSection 10(k) of the National Labor Relations Act. At the hearing, theparties will have the right to appear and present testimony regardingthe dispute alleged in Case No. ___-CD-___ involving the assignment ofthe following work:[Insert description of work. Where appropriate, insert “THIS CASE INVOLVES THENATIONAL DEFENSE.”]_______________________Regional DirectorNational Labor Relations BoardRegion _____Date ________Once the Regional Office has determined a hearing is appropriate, service of theNotice of Hearing should issue promptly in cases involving 10(l) relief. Sec. 102.90,Rules and Regulations require that such notice normally issue within 5 days after thepetition for injunctive relief is filed. The Notice should be served on all entities named inthe caption.Revised 01/11