January 2011 - National Labor Relations Board

10010 GENERALLY10010–10040 INITIATION OF CASES10010 GenerallyThe Agency can investigate unfair labor practice allegations only upon the filingof an appropriate charge. Sec. 101.2, Statements of Procedure and Sec. 10018.10012 Prefiling Assistance/Information OfficerThe Agency provides prefiling assistance to the public primarily through theInformation Officer (I.O.) program. Under this program, Board agents are available dailyin each field office to answer inquiries and, upon request, to assist members of the publicwho visit, telephone, or write the Regional Office in filing unfair labor practice chargesand representation case petitions.10012.1 InformationBoard agents should answer public inquiries regarding the Act and the Agencyaccurately, completely, and as concisely as possible. Although Board agents areobligated to provide information, they may not give legal advice and should explain thatadvice cannot be given.In this regard, Board agents must be cautious and consult with Regional Officemanagement as appropriate when responding to questions, particularly during anorganizational campaign or a highly publicized labor dispute. Thus, an agent should notoffer an opinion as to whether any specific conduct violates the Act. Rather, the Boardagent should describe the types of conduct which, depending on all of the surroundingcircumstances, may constitute a violation of the Act.Furthermore, the Board agent should inform the individual that statements of theagent cannot be considered as an official pronouncement of law binding on the Agency.In circumstances where an individual is essentially seeking legal advice, the Board agentmay suggest that the individual seek private counsel. Although under no circumstancesshould a specific attorney be recommended, the Board agent may direct an individual toan appropriate local bar association referral service.10012.2 Assistance in Filing a ChargeIf an individual describes circumstances which may indicate a violation of theAct, the Board agent should advise such individual of the right to file a charge. TheBoard agent should assist in the preparation of any charge to the extent necessary. Suchassistance may include:Identifying the sections of the Act involved and the basic theory of theallegationsFurnishing the appropriate charge form and reasonable clerical assistanceRevised 01/11