January 2011 - National Labor Relations Board

10250 FURTHER INVESTIGATION10250–10452 FORMAL PROCEEDINGS10250 Further InvestigationPrior to issuance of complaint, any actions specified by the Regional Officedetermination should be carried out. In the absence of contrary instructions, precomplaintre-interviews of witnesses are not necessary. An exception may be made where thecase depends entirely on the credibility of one or more witnesses whose testimony iscontradicted by other witnesses. In such situations, re-interview of such witnesses withrespect to factual conflicts may be prudent. Sec. 10064.10252 Settlement AttemptsThe Board agent assigned to make initial settlement efforts should notify thecharged party and the charging party of the Regional Office determination beforecomplaint. The Board agent should encourage voluntary agreement and should offer toassist in arriving at a satisfactory settlement that will effectuate the purposes of the Act.Even if initially unsuccessful, the Regional Office should pursue further settlementefforts consistent with the policies and procedures in Sec. 10126.2. With respect to thetype of settlement to be sought, see Sec. 10124.10254 Cases Involving Monetary RemedyAfter Regional Office determination to issue complaint, the Regional Officeshould ensure that the file contains a list of the names, addresses, and social securitynumbers of the alleged discriminatees. In preparing this list, information previouslygathered during the course of the investigation will be vital.At the time complaint issues, a copy of the complaint, along with the list ofalleged discriminatees’ information, should be sent to the compliance officer who isresponsible for furnishing each alleged discriminatee with the following NLRB forms:NLRB-4288NLRB-4685Information on Backpay for EmployeesNotification of Change of AddressNLRB-5224 Claimant Expenses and Search for Work ReportNLRB-5230Interim Earnings ReportEach alleged discriminatee should be asked to fill in Form NLRB-5224 and returnit to the compliance officer. The compliance officer must make certain that such formsare received from each alleged discriminatee and placed in the case file for future use.Additionally, the compliance officer should request formally at this time that each allegedRevised 01/11