January 2011 - National Labor Relations Board

10412 CORRECTING THE TRANSCRIPTThe trial attorney, supervisor, and Regional Attorney should carefully reviewRespondent’s brief to uncover and address potential problems. If the entire case or aparticular allegation appears to have a fatal flaw, reconsideration may be warranted.Regions should also be alert to changes in the law and take appropriate action.Additionally, in Reliant Energy, 339 NLRB 66 (2003), the Board adopted a procedure,modeled after Rule 28(j) of the Federal Rules of Appellate Procedure, which permitsparties in unfair labor practice cases and in representation cases to call to the Board’sattention pertinent and significant authorities that come to a party’s attention after theparty’s brief has been filed.10412 Correcting the TranscriptCounsel for the General Counsel should ensure that the testimony of witnessesand the statements of counsel and the Administrative Law Judge are accurately set forthin the transcript, since all further proceedings will be based on the record. Counsel forthe General Counsel should carefully read the hearing transcript upon delivery, especiallyin breaks during the course of hearing. Such review permits the opportunity tosupplement an incomplete record with additional testimony. Further, counsel for theGeneral Counsel should note all material inaccuracies and take necessary steps to correctthe record. Corrections may be made by stipulation or by motion to the ALJ or the Boardafter transfer.If the stipulation or motion to correct transcript is filed with the ALJ as a paperdocument, three copies must be submitted. If filed with the Board as a paper document,eight copies are required of such stipulation or motion to correct. For filing and serviceof paper documents, see Secs. 11840 and 11846.5.The stipulation or motion to correct transcript may also be filed electronicallywith the ALJ or the Board at the Agency’s website. For electronic filing and service, seeSecs. 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 102.47, Rules and Regulations. Forservice on represented parties of either paper filed or electronically filed documents, seeSecs. 10269 and 11842.10430 Administrative Law Judge’s DecisionThe Administrative Law Judge’s ultimate decision on the merits is based on fullconsideration of the record. After the close of the hearing and submission of briefs(except with a bench decision), the ALJ issues a decision that sets forth findings of fact,legal conclusions and recommended remedial action. If the ALJ delivers a benchdecision, the judge shall certify the accuracy of the transcript containing the decision. Ineither case, upon the filing of the decision with the Board, the Board issues an ordertransferring the case to the Board, thereby divesting the ALJ of all jurisdiction. Sec.102.45, Rules and Regulations.Revised 01/11