January 2011 - National Labor Relations Board

10409 CLOSE OF HEARINGfurther elucidation is needed, an oral argument should be made as to the issueswarranting clarification, including any complex or novel legal principles in issue.Since bench decisions and oral argument each will expedite issuance of ALJdecisions, Regional Offices should carefully assess the opportunity to recommend theiruse. In appropriate circumstances, counsel for the General Counsel should urge use oforal argument and bench decisions.10409 Close of HearingCounsel for the General Counsel should check the trial brief to make sure allmatters have been handled before the close of hearing. Regarding exhibits, counsel forthe General Counsel should make sure:All exhibits intended to be offered in the General Counsel’s case wereoffered and received or otherwise ruled uponAll copies of exhibits were suppliedThe reporter has two copies of all General Counsel, joint and otherexhibits the trial attorney is relying onAll parties understand the arrangements, if any, for submission of exhibitsafter the close of hearingCounsel for the General Counsel should also ensure that the complaint wasamended, if necessary, to specifically allege violations of the Act supported by evidenceadduced at trial. In circumstances involving failure of proof, see Sec. 10388.3.Immediately after close of hearing, counsel for the General Counsel shouldcomplete the Report and Obligated Cost of Hearing form, Form NLRB-4237.Revised 01/11