January 2011 - National Labor Relations Board

10280 ANSWER10281 Consolidation of Compliance Issues with Motions for Default Judgment(a) No Answer to ComplaintWhen filing a Motion for Default Judgment in circumstances where respondenthas not filed an answer to the complaint (see Sec. 10280.3), Regional Offices shouldconsolidate the compliance aspect of the case with the underlying liability phase of thecase as soon as feasible and, in any case, prior to seeking court enforcement, unless thereare compelling reasons for not doing so. Thus, where a respondent is either likely todefault, or has defaulted, with respect to an unfair labor practice complaint, RegionalOffices should, prior to submitting the case for court enforcement, normally adopt one ofthe following approaches to expedite the casehandling process:Issue a consolidated unfair labor practice complaint and compliancespecification at the initiation of proceedings and, following respondent’sfailure to answer the consolidated complaint and specification, file amotion seeking a summary Board Order covering both the complaint andthe compliance specification.Following respondent’s failure to answer a complaint, issue thecompliance specification and, following respondent’s failure to answer thespecification, file a motion seeking a summary Board Order covering boththe complaint and the compliance specification.Following entry of an initial summary Board Order, issue the compliancespecification, and following respondent’s failure to answer thespecifications, file a motion seeking a summary supplemental BoardOrder.For a more detailed discussion see OM Memo 07-59.(b) Non-Compliance with Settlement AgreementWhen filing a Motion for Default Judgment based on non-compliance with asettlement agreement containing default language, the Regional Office should explicitlydetail the precise remedial relief being sought. The Region may request that the Boardissue an order providing a full remedy for the alleged unfair labor practices as isappropriate to remedy such violations notwithstanding the remedial provisions set forthin the settlement agreement. As set forth in subsection (a) above, to the extent necessarythe Region should consolidate the compliance aspect of the case with the underlyingliability phase of the case as soon as feasible and, in any case, prior to seeking courtenforcement, unless there are compelling reasons for not doing so.If the Motion is based on a charged party committing a new alleged unfair laborpractice(s) in violation of the cease and desist provisions of the settlement, the Regionshould issue a complaint on the new alleged unfair labor practice(s) and seek toconsolidate this hearing with its motion to the Board for a default judgment. Whenconsolidating the Motion for Default Judgment with the hearing on the new allegedunfair labor practice(s), the Region should not request the Administrative Law Judge torule on this Motion. Rather, the Region should request that the ALJ refer the Motion tothe Board when the ALJ issues a decision on the new alleged unfair labor practice(s). IfRevised 01/11