January 2011 - National Labor Relations Board

10268 FORM AND SERVICE OF COMPLAINT10266.8 Effective Remedies in Organizing CampaignsCertain violations during an organizing campaign, in addition to unlawfuldischarges, have a particularly lasting and significant impact on employees’ Section 7rights. In order to permit employees to fully exercise their statutory right to free choice,in addition to considering whether to seek 10(j) reinstatement for any such dischargesduring an organizing campaign, Regional Offices should consider whether to seek thefollowing remedies.(a)Notice Reading: In all nip-in-the-bud discharge cases, Regions should seek anotice-reading remedy and consider seeking such a remedy, even absentsuch discharges, when there are serious 8(a)(1) violations. Notice readingremedies generally require that a responsible management official read thenotice to assembled employees, or that a Board agent read the Notice in thepresence of a responsible management official.(b) Access Remedies: Access remedies may be appropriate when there is anadverse impact on employee/union communication, and may includeproviding the union:Access to bulletin boards.An updated list of current employees’ names and addresses.In addition, if the Region concludes that the above remedies are insufficient to permit afair election or have a severe impact on employees, it should submit a recommendation tothe Division of Advice regarding which additional remedies are warranted. See GCMemo 11-01.10268 Form and Service of Complaint10268.1 Form of ComplaintThe complaint is a formal document issued for the General Counsel by theRegional Director. Bearing the case caption, it sets forth the facts underlying theassertion of jurisdiction and the facts relating to the alleged violations by therespondent(s). The National Labor Relations Board Pleadings Manual-Complaint Forms,provides guidance in drafting complaints.Where appropriate the complaint should contain a prayer for relief. Indeed, thecomplaint should set forth the requested remedy whenever any other than a routineremedy is sought. Where the Regional Office’s determination of the need for a specialremedy arises only after issuance of complaint, the respondent should receive promptnotification and the complaint should be amended.10268.2 Answer Requirement and Notice of HearingRevised 01/11