January 2011 - National Labor Relations Board

10286 SUBMISSION TO ADMINISTRATIVE LAW JUDGEreference and attached. The agreed upon stipulation should be signed byall parties, or their representatives, as well as counsel for the GeneralCounsel.Either the ALJ or the Board, depending on where the stipulation issubmitted, will rule on the appropriateness of accepting the stipulationand, if approved, set the time for filing briefs. Sec. 102.35(a)(9), Rulesand Regulations.10286 Submission to Administrative Law JudgeAs described in Sec. 10284, a case may be submitted directly to an AdministrativeLaw Judge without a hearing by detailed stipulation of the parties pursuant to Sec.102.35(a)(9), Rules and Regulations. See sample Joint Motion and Stipulation of Facts inSec. 10288 which should be modified for submission to an Administrative Law Judge.Three copies of the stipulation should be sent to the Division of Judges and set forth thestipulation of facts, a statement of the issues presented, and each party’s statement ofposition. Such motions may also be filed electronically at the Agency’s website under“Division of Judges.” See Sec. 11846.4. If the ALJ approves the stipulation, the ALJwill set a time for the filing of briefs. No further briefs shall be filed except by specialleave of the ALJ. At the conclusion of the briefing schedule, the ALJ will decide the caseor make other disposition of it. Sec. 102.35(a)(9), Rules and Regulations. On issuance ofthe ALJ’s decision, the procedure outlined in Secs. 10430–10444 should be followed.10288 Submission to the BoardAs described above in Sec. 10284, a case may be submitted directly to the Boardby joint motion and stipulation of facts, pursuant to Sec. 102.35(a)(9), Rules andRegulations.The following may be helpful as suggested language for the opening paragraphsof such motion and stipulation:JOINT MOTION AND STIPULATION OF FACTSThis is a joint motion by the parties to this case, Respondent,Charging Party and General Counsel, to transfer this case to the Boardpursuant to Section 102.35(a)(9) of the Board’s Rules and Regulations.The transfer of the case will effectuate the purposes of the Act and avoidunnecessary costs and delay.If this motion is granted, the parties agree to the following:Revised 01/11