January 2011 - National Labor Relations Board

10384 FORMAL PAPERSEach original and amended chargeAll complaints and notices of hearing, along with Form NLRB-4668“Statement of Standard Procedure” in ULP cases before the BoardAll written postponement requests, subsequent responses and orders onsuch requestsAll pretrial motions, responses and rulings on each motion (except, asnoted below, for petitions to revoke subpoenas and related documents)An affidavit of service of each of the above that was served by theRegional OfficeThe formal documents should be assembled in advance of hearing and arranged inchronological order, starting with the earliest document on the bottom to the most recentdocument at top, with the very top document being the Index and Description of FormalDocuments. The documents should be marked with the earliest (bottom) document beingGeneral Counsel’s Exhibit 1(a), the second earliest 1(b) and so on until the Index, whichwill be marked as the last of the sequence of General Counsel’s Exhibit 1.Petitions to revoke and related documents and rulings are not part of the recordunless the aggrieved party or person specifically requests. Sec. 11782.5.The trial attorney should show the parties the formal papers prior to the openingof the hearing and give them a copy of the index. (The parties should already have therest of the documents in GC Exh. 1.) Extra copies of Form NLRB-4668 (“Statement ofStandard Procedure”) should be made available on request.Following the opening of the hearing by the Administrative Law Judge, counselfor the General Counsel should introduce the formal papers with substantially thefollowing statement:I offer into evidence the formal papers. Theyhave been marked for identification as GeneralCounsel’s Exhibits l(a) through 1( ), inclusive,Exhibit 1( ) being an index and description ofthe entire exhibit. This exhibit has already beenshown to all parties.Extended arguments in support of the receipt of the formal papers into the recordwill not normally be necessary. If objection is raised, counsel for the General Counselshould note that these papers are pleadings, normally part of any judicial oradministrative record.Revised 01/11