January 2011 - National Labor Relations Board

10381 PRETRIAL CONFERENCES AT HEARING WITH ADMINISTRATIVE LAW JUDGEoppose anything that will jeopardize the prosecution of the complaint or that isunnecessarily cumulative. This opposition should be pursued either informally, inconsultation with the charging party, or, when necessary, by objection on the record.10380.4 RecordCounsel for the General Counsel is responsible for proving the complaintallegations by making a persuasive record. The trial attorney should seek factualstipulations, where appropriate, and introduce relevant evidence and arguments in anefficient manner. Such techniques conserve resources and make a record that will bestassist the Administrative Law Judge in reaching a sound decision.10381 Pretrial Conferences at Hearing with Administrative Law JudgeParties are notified of the opportunity for a pretrial conference by Form NLRB-4668, Statement of Standard Procedure in Formal Hearing Held Before the NationalLabor Relations Board in Unfair Labor Practice Cases, which is sent to all parties withthe Complaint and Notice of Hearing.The Administrative Law Judge may conduct, at the request of the parties or on thejudge’s own initiative, a pretrial conference prior to or shortly after the hearing’sopening. The conference provides the opportunity to further explore settlement, work outstipulations and joint exhibits and clarify pleadings and theories set forth in the complaintand answer. Sec. 10154.3. The formal hearing will commence or be resumedimmediately on completion of the conference. No prejudice will result to any partyunwilling to participate in or to make stipulations or concessions during any pretrialconference.This opportunity for conference conducted by the ALJ on the hearing date doesnot preclude earlier meetings to narrow the issues or effect settlement. Secs. 10126.3,10128.5, 10350, and 10351.When a pretrial conference is requested by another party or the ALJ, the RegionalOffice should normally agree to participate and take the initiative by seeking theagreement of all parties to the conference.10382 Opening of HearingThe hearing will open at the place, date and hour scheduled. The record shouldreflect any deviation from the schedule, the reasons that they occurred and the positionsof the parties.10384 Formal PapersThe formal papers include the following:Revised 01/11