January 2011 - National Labor Relations Board

10310 CONSIDERATION OF 10(J) INJUNCTIVE RELIEFFor further information regarding the format of the memorandum, Board agentsshould consult the Section 10(j) Manual and other directives from the InjunctionLitigation Branch. If the General Counsel concludes that 10(j) relief is appropriate, theRegional Office’s memorandum, together with any supplemental memorandum of theGeneral Counsel, will be transmitted to the Board for its consideration. The InjunctionLitigation Branch will forward to the Regional Office a copy of the General Counsel’smemorandum when it is transmitted to the Board.(b) 10(j) Deemed Appropriate in Nip-in-the-Bud Discharge Cases: In order tostreamline the processing of meritorious nip-in-the-bud discharge cases, the RegionalOffice should, absent unusual circumstances, submit a short form memorandum to theInjunction Litigation Branch within 7 calendar days of the regional determination or closeof an expedited hearing before an administrative law judge. See Sec. 10310.4(b). Suchsubmission should also contain the parties’ position statements, if any, and partyrepresentative information. See GC Memo 10-07.(c) Litigation Hold: When a Regional Office determines to recommend that 10(j)injunctive relief is appropriate, a litigation hold must be instituted immediately topreserve documents, including electronically stored information, which may be related topending or reasonably foreseeable litigation. See Sec. 11863 and in particular GC Memo07-09 and OM Memo 10-48.(d) When Merit Determination is Submitted to Division of Advice: If a casewhich the Regional Office believes warrants 10(j) relief is also being submitted foradvice on the merits of the charge, the Regional Office generally should include its 10(j)recommendation together with its request for advice on the merits. In some cases, it maybe necessary to wait for the analysis of the Division of Advice, Regional Advice Branchon the merits before preparing a memorandum regarding the propriety of 10(j) relief.The Regional Office may wish to consult with the Regional Advice Branch or theInjunction Litigation Branch to determine the appropriate course of action in a particularcase.(e) Special Circumstances Requiring Submission: Regional Offices must submita written recommendation, as described above in subsection (a), whether for or against10(j) authorization, in all cases in which it seeks a remedial Gissel bargaining order. SeeGC Memo 99-10.(f) 10(j) Relief Not Warranted: Generally, if the Regional Office determines thata case does not warrant 10(j) relief, it need not submit the case to the InjunctionLitigation Branch. A Region may always informally consult with the InjunctionLitigation Branch regarding the propriety of 10(j) relief in a particular case.10310.4 Settlement Efforts and Issuance of Complaint and Hearing Date Pending10(j) DeterminationThe Regional Office should begin settlement efforts immediately after it hasdetermined that the charge is meritorious and should issue complaint if such settlementefforts fail, even while the 10(j) issue is pending.Revised 01/11