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January 2011 - National Labor Relations Board

January 2011 - National Labor Relations Board

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10248 PROCESSING OF UNDERLYING UNFAIR LABOR PRACTICES IN 10(L) CASESIf the respondent notifies the Regional Office it intends to appeal from the grantof an injunction or serves the Regional Office with a notice of appeal, the RegionalOffice should immediately notify the Injunction Litigation Branch and forward a copy ofthe notice of appeal.Whenever it is claimed that an injunction is being violated, the Regional Officeshould notify the respondent of the claim and conduct an investigation. When theinvestigation reveals that the respondent was engaged in arguably contumacious conduct,the Regional Office should submit to the Injunction Litigation Branch a recommendationon whether to institute contempt proceedings, together with the district court papersdescribed in the preceding paragraph.10248 Processing of Underlying Unfair <strong>Labor</strong> Practices in 10(l) CasesIn every matter in which the Regional Office seeks injunctive relief from a districtcourt, Secs. 102.95–102.97, Rules and Regulations require that every stage of the unfairlabor practice case be expedited. To that end, the Regional Office should:Issue complaint within 5 days of filing the 10(l) petitionSchedule the hearing within 28 days of issuance of complaintNotify the Administrative Law Judge that 10(l) relief has been sought orobtained and, on the record, request that the matter be expeditedOppose any unwarranted attempt by any party to delay the proceedingIn any brief filed with the <strong>Board</strong>, note that 10(l) relief has been sought orobtained and request that the matter be expeditedNotify the Office of the Executive Secretary when the case is transferredto the <strong>Board</strong>Revised 01/11

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