January 2011 - National Labor Relations Board

10012 PREFILING ASSISTANCE/INFORMATION OFFICERDrafting the language of the chargeReading the completed charge form verbatim to the individual prior to thesigning of the charge, if a charge is filed by an individual who does notread EnglishReading the completed charge form in the individual’s native language, ifthe individual is a non-English speaker who does not read English. SeeOM Memo 09-44.10012.3 Situation Not Covered by the ActIf an individual presents a situation that is clearly not covered by the Act, theBoard agent should so indicate and discourage the filing of a charge. If an individualasserts, however, the right to file a charge, the Board agent should take a charge. In allsituations where an individual chooses not to file a charge, the Board agent shouldspecifically describe the 6-month statute of limitations set forth in Section 10(b) of theAct. Sec. 10052.2. If, however, the individual describes a situation that appears to comewithin the purview of other laws, the Board agent should direct the individual to theappropriate agency.10012.4 WebsiteFor additional information concerning the Act and the Agency, including chargeand petition forms, as well as references to Federal and State agencies dealing withemployment-related matters, individuals should be referred to www.nlrb.gov.10012.5 Next Generation Case Management System (NxGen) RecordEach Board agent must record in NxGen all prefiling assistance and inquiriesfrom the public and other Government agencies.Promptly after providing assistance, whether in person, by phone, mail orelectronically, the Board agent should create an Inquiry Action in NxGen and enter allrequired information. Normally, the Board agent should include a concise description ofthe inquiry by selecting the “Inquiry Notes” tab within the Inquiry Action.10012.6 Obtaining an Affidavit During Visit to Information OfficerIn appropriate circumstances, the Board agent serving as Information Officer oranother Board agent should take an affidavit from available charging party witnesses atthe time a charge is filed in order to expedite processing the case. Such circumstancesinclude:The witness has traveled a substantial distance to the field officeThe witness will be otherwise unavailable for a considerable periodThe nature of the charge requires immediate investigationRevised 01/11