January 2011 - National Labor Relations Board

10276POSTCOMPLAINT ATTEMPTS TO WITHDRAW CHARGE; DISMISSAL OF COMPLAINT10275.4 After Transfer to the BoardIf the Regional Office wishes to approve a request for withdrawal of a charge,counsel for the General Counsel must file a motion with the Board. The motion shoulddescribe the basis for the withdrawal request and seek to have the case remanded to theRegional Director for approval of the withdrawal. Sec. 10276. The withdrawal requestitself need not be forwarded to the Board.10275.5 Complaint Issued on Headquarters’ AuthorizationIf a complaint was issued on authorization from any division or branch inHeadquarters, clearance should be obtained from that division or branch beforewithdrawal or dismissal of the complaint.10276 Postcomplaint Attempts to Withdraw Charge; Dismissal of ComplaintA postcomplaint request by the charging party to withdraw the charge should beclosely scrutinized, including the extent to which the act is voluntary. If the request isbased on a private settlement, the terms should be examined; if the charging party has“lost interest,” the case should be reexamined as to its strength (a) without chargingparty’s testimony or (b) with a reluctant charging party’s subpoenaed testimony. Therequest should be denied if, under all the circumstances, the purposes of the Act appear torequire the continuation of formal action.If the request for withdrawal is approved, the complaint will be dismissed by theRegional Director, the Administrative Law Judge or the Board, depending on the stage ofthe case at the time such request is filed. Sec. 10275 and Sec. 102.9, Rules andRegulations.10280 AnswerWithin 14 days from the service of the complaint, respondent must file an answerwith the Regional Office, signed by respondent’s attorney or representative, or by therespondent if unrepresented, specifically admitting, denying, or explaining each of thefacts alleged in the complaint, unless respondent states in its answer that it is withoutknowledge, thereby operating as a denial. Secs. 102.20–102.22, Rules and Regulations.An answer may be filed either as a paper document, or electronically by using theE-Filing system on the Agency’s website at http://www.nlrb.gov. Instructions for E-Filing answers are set forth on the Agency’s website as well as in the complaint. See alsoSec. 10268.2. If the answer being filed electronically is a pdf document containing thesignature required by the Board’s Rules and Regulations, no paper copies of the answerneed be transmitted to the Regional Office. However, if the electronic version of ananswer to a complaint is not a pdf file containing the required signature, then an answercontaining the required signature must be filed as a paper document with the RegionalOffice within 3 business days after the date of electronic filing. See Sec. 10268.2 andOM Memo 09-34.Revised 01/11