January 2011 - National Labor Relations Board

10260 GENERALLY10260-10283 THE COMPLAINT AND MOTION FOR SUMMARYJUDGMENT10260 GenerallyIssuance of a complaint follows a determination on behalf of the General Counselthat formal proceedings on certain matters alleged in the charge should be instituted. Acomplaint must be well founded in all respects since it constitutes the exercise of theGeneral Counsel’s final authority. Sec. 3(d) of the Act.The preparation of the complaint begins, as a practical matter, after RegionalOffice determination to issue complaint, absent settlement. Sec. 10126.2. Ideally, thecomplaint should normally be ready for issuance within a few days of the decision toissue. The final draft should be carefully reviewed before being signed by the RegionalDirector. Generally, the likelihood of settlement, the nature of the allegations and othercircumstances will determine the timing of complaint issuance. However, complaintsalleging violations of Sections 8(b)(4)(A), (B), or (C), 8(b)(7), 8(e), or 8(b)(4)(D), whichinvolve 10(1) injunctive relief, should be issued promptly, normally within 5 days of thedate on which such injunctive relief is first sought. Sec. 102.96, Rules and Regulations.The form, contents, and service of complaint and related matters are discussed inSecs. 10262–10270.10262 Complaint Drafter’s ResponsibilityThe Board agent assigned to draft the complaint must carefully review the file andthe Regional Office determination document to ensure that the decision is fully supportedby the evidence in the file. In addition, the Board agent must carefully draft thecomplaint to incorporate necessary pleadings to support the Regional Office’sdetermination, including any special affirmative remedies. The Board agent should bringto the attention of supervision any concerns about the scope of the pleadings.10264 Content of Complaint10264.1 Conformity of Charges and ComplaintsCritical variances between the allegations of the charge and the allegations of thecomplaint will require appropriate amendments. Normally, the complaint shouldconform to all allegations of the last amended charge that have not been disposed of byother means. Although occasionally the complaint may have to be broader than thecharge, the Regional Office should normally seek an amended charge to cover allcomplaint allegations, including discrete categories of independent 8(a)(1) violations. Inany event, the charge must be broad enough, as a matter of law, to support the allegationsof the complaint. Sec. 10062.5.Revised 01/11