January 2011 - National Labor Relations Board

10268 FORM AND SERVICE OF COMPLAINTService of the answer on each of the other parties must beaccomplished in conformance with the requirements of Section 102.114of the Board’s Rules and Regulations. The answer may not be filed byfacsimile transmission. If no answer is filed or if an answer is fileduntimely, the Board may find, pursuant to a Motion for DefaultJudgment, that the allegations in the [consolidated] complaint are true.NOTICE OF HEARINGPLEASE TAKE NOTICE THAT on [date], 20__, at [hour and place]and on consecutive days thereafter until concluded, a hearing will beconducted before an Administrative Law Judge of the National LaborRelations Board. At the hearing, Respondent and any other party tothis proceeding have the right to appear and present testimonyregarding the allegations in this [consolidated] complaint. Theprocedures to be followed at the hearing are described in the attachedForm NLRB-4668. The procedure to request a postponement of thehearing is described in the attached Form NLRB-4338.Following issuance of the Complaint and Notice of Hearing, any schedulingchanges should be set forth in a separate Order Rescheduling Hearing.If the Regional Office anticipates it will file a Motion for Summary Judgment,the Complaint and Notice of Hearing, should set forth that a hearing, if necessary, will beconducted at a time and date to be determined in the future.10268.3 Attachments and Related InstructionsCopies of the charge or amended charges should not be attached to the complaintsince the facts of filing and of service are recited in the complaint. One copy of FormNLRB-4668 should be attached to each copy of the Complaint and Notice of Hearingserved on the parties.Orders consolidating cases may be separately issued or, with appropriate changeof title, may be incorporated into the Complaint and Notice of Hearing.Accompanying the Complaint and original Notice of Hearing, but not as anattachment thereto, should be Form NLRB-4338, that gives (a) notice that it is stillpossible to settle the matter by agreement; (b) instructions for requesting postponements(Sec. 10294); and (c) names and addresses of all parties served.10268.4 Service of ComplaintRevised 01/11