January 2011 - National Labor Relations Board

10410 BRIEFS TO ADMINISTRATIVE LAW JUDGE10410–10444 POSTHEARING10410 Briefs to Administrative Law JudgeBriefs should normally be filed in the absence of oral argument and especiallywhere involved credibility issues are present, the record is long, the issues varied orwhere legal argument may be helpful. The trial attorney should allow adequate time fordrafting the brief and for supervisory review. Additionally, the discussion on persuasivebrief writing in OM Memos 07-84 and 08-76 as well as the following briefing guidelinesmay be useful.The brief should be succinct yet comprehensive and address:All alleged violations and the testimony and exhibits in support withspecific record citationsAll points specifically raised by the Administrative Law Judge or thatotherwise appear to be of concern to the judgeIssues of credibility, highlighting undisputed facts and evidence andinconsistencies in testimony, inherent probabilities of witness’ testimony,whether the testimony was specific and detailed and whether it wasadduced by leading questionsArgument and case law for the substantive allegations and for anyspecifically pled remedies the General Counsel is seekingAdverse evidence and case authorityAdditionally, the brief should be respectful, scrupulously accurate, andcomprehensive in discussing the case-in-chief and dealing with adverse evidence.If the brief is filed as a paper document, three copies shall be filed with the ALJ.For filing and service of paper documents, see Secs. 11840 and 11846.5.Briefs my also be filed electronically at the Agency’s website. For electronicfiling and service, see Secs. 11841 and 11846.4.In all instances, a copy should be served on each of the parties, with proof ofservice furnished. See generally Secs. 102.24 and 102.42, Rules and Regulations. Forservice on represented parties of either paper filed or electronically filed documents, seeSecs. 10269 and 11842. Dates for filing set by the ALJ and any subsequent rulings bythe Division of Judges must be met. Sec. 102.42, Rules and Regulations.Copies of the brief should be retained in electronic form for use in possibleexceptions or for briefs in support of the ALJ’s decision. Sec. 10438.Revised 01/11