January 2011 - National Labor Relations Board

10407 REMEDY SOUGHT10407 Remedy Sought10407.1 Statement on RecordThe complaint should set forth any specific remedies that are in addition to thosetraditionally granted for the violations alleged. See Secs. 10131, 10266.1, and 10410.Counsel for the General Counsel, with the Administrative Law Judge’s permission, mayreiterate and expand upon the reasons for such remedies at hearing, in addition to arguingfor such remedies in the brief.10407.2 New Developments Requiring ReconsiderationFrom time to time, new developments at a hearing may require reconsideration ofthe remedy proposed. In such situations, counsel for the General Counsel should discussthe matter with the Regional Office, which will decide the appropriate course of action.10407.3 Proposed Remedy Not a LimitationCounsel for the General Counsel should explain to the Administrative Law Judgeand the parties that the recommended special remedy is not a limitation as to normalBoard remedies, but needs to be granted in addition to such remedies. Counsel for theGeneral Counsel should always request the ALJ and Board to provide “any further reliefas may be appropriate.” Sec. 10266.1.10407.4 Charging Party Seeks Different RemedyDifferences between counsel for the General Counsel’s and the charging party’sview of the appropriate remedy can be presented to the Regional Office and normallyresolved prior to hearing. However, absent such an accord, counsel for the GeneralCounsel will advance only the Regional Office’s views. The charging party will haveopportunity to present its views to the Administrative Law Judge and the Board, if it sochooses.10407.5 Possible Change in Circumstances After HearingCircumstances affecting respondent’s operations may change significantly afterthe close of hearing. Such changes may include altered operating methods, relocation,merger, acquisition, and other major events. Therefore, counsel for the General Counselshould request remedies at hearing and in the brief in broad terms to ensure they areapplicable in the face of potential change. Further, absent an approved settlement,counsel for the General Counsel should not assume that a full remedy has been obtainedby respondent’s posthearing actions. For example, even where an alleged discriminateehas been put back to work, counsel for the General Counsel should not assume there hasbeen a complete reinstatement. Instead, in the absence of a Regional Office determinationthat a full remedy has been obtained, counsel for the General Counsel shouldpursue an appropriate remedy for each complaint allegation.Counsel for the General Counsel and the compliance officer should encourage thecharging party and employees who have remedial rights to inform the Regional Office ofany changed circumstances, such as the dissipation or transfer of assets, the starting ofnew businesses and the identification of potential entities with possible derivativeRevised 01/11