January 2011 - National Labor Relations Board

10434 COMPLIANCE WITH ADMINISTRATIVE LAW JUDGE’S DECISIONElectronic Service (E-Service) of Administrative Law Judges’ decisions is alsoavailable to parties and their representatives. Registration for notice and a link to suchdecisions and orders is set forth at the Agency’s website. See also Sec. 11846.6.However, parties or party representatives who register for E-Service will not receiveservice of such decisions or orders by any other means.Counsel for the General Counsel should review the ALJ’s decision, including thefactual findings, conclusions of law, and any remedy, to enable the Regional Office todetermine whether any exceptions, cross-exceptions or an answering brief should befiled.The trial attorney or other designated agent should continue to monitorrespondent’s ability to comply with the remedial provisions of the ALJ’s decision andany changed circumstances with respect to the respondent’s operation, identity orfinancial condition. Sec. 10407.5 and Compliance Manual, Secs. 10505 and 10596.10430.1 Analysis of Significant Losses in Administrative Law Judge’s DecisionWithin 10 days following the issuance of an Administrative Law Judge’s decisioncontaining a significant loss to the General Counsel, an analysis should be submitted tothe Division of Operations-Management. Such analysis should emphasize not only theresult, but also the adequacy of the ALJ’s proposed remedy.10430.2 Novel or Complex Policy Questions Arising in Administrative Law JudgeDecisionIf the Administrative Law Judge’s decision embodies novel or complex policyquestions, the Regional Office should notify the Division of Advice as to whether itintends to file exceptions. Further action should await direction from Advice.10434 Compliance with Administrative Law Judge’s DecisionIf no exceptions are filed, compliance efforts should be promptly initiated.10436 Request for Review of Order Granting DismissalWhere a motion to dismiss the entire complaint is granted by the AdministrativeLaw Judge, any appeal should be in the form of a request for review filed with the Boardwithin 28 days of the order of dismissal. Sec. 102.27, Rules and Regulations and Sec.10388.2.10438 Exceptions, Cross-Exceptions, Briefs Supporting the Administrative LawJudge’s Decision and Requests for Oral ArgumentSec. 102.46, Rules and Regulations sets forth the time limits and format ofexceptions, cross-exceptions and briefs in support, as well as any answering briefs andreply briefs. The time limits, format and strictures of Sec. 102.46 must be read with careRevised 01/11