January 2011 - National Labor Relations Board

10392 STIPULATIONSManagement. For a more detailed discussion about the appropriateness of videotestimony, see OM Memo 11-42 (CH).10392 StipulationsWherever possible, evidence should be introduced into the record in the form ofstipulations. Time is well spent in seeking stipulations that help reduce the size of arecord. Additionally, sometimes a stipulation will secure evidence for the record whichmight otherwise be difficult to prove through General Counsel’s witnesses. Sec. 10350.Stipulations should contain detailed, factual assertions and should not beconclusionary. For example, a stipulation that the Board has commerce jurisdiction isinadequate, without a recital of supporting facts.Stipulations may be in writing or orally introduced, with each party attesting tothe accuracy of the stipulated facts and the admissibility of the stipulation. Nevertheless,any party to a stipulation retains all rights to argue about the relevance and relativeweight of any such stipulated evidence.The charged party(ies) and the General Counsel must be parties to all stipulations,unless the stipulation is entered into the record without objection. NLRB v. Haddock-Engineers, Ltd., 215 F.2d 734 (9th Cir. 1954)10394 Witnesses10394.1 Sequestration of WitnessesBoard procedures permit any party to move to sequester witnesses. In GreyhoundLines, 319 NLRB 554 (1995), the Board set forth a model sequestration order with whichtrial attorneys should be familiar. Discretion should be used in determining whether toinitiate or oppose the sequestration of witnesses. Sequestration orders by anAdministrative Law Judge at trial should be carefully followed. See, e.g., Sargent Karch,314 NLRB 482 (1994).Revised 01/11