January 2011 - National Labor Relations Board

11730 BLOCKING CHARGE POLICY—GENERALLY11730.4 Decision Whether to Hold Petition in AbeyanceRegardless of whether the charge is already pending at the time of the filing of thepetition or is filed after investigation of the petition has already begun, the RegionalDirector should decide whether the general policy of holding the petition in abeyanceshould be applied (Sec. 11730) or if one of the exceptions in Sec. 11731 applies. Inimplementing the blocking charge policy, the Regional Director should assess,throughout the steps of processing the charge and the petition, whether the charge blocksthe petition.If at any time during or after investigation the Regional Director establishes thatthere was no causal relationship between the unfair labor practice allegations and thedecertification petition, the Regional Director should not give further consideration todismissing the petition and should reconsider whether the charge should continue“blocking” the processing of the petition.11730.5 AC and UC CasesAlthough the blocking charge policy applies to AC and UC petitions, in mostsituations the charge and the petition raise significant common issues which may betterbe resolved by processing the UC or AC petition. Secs. 11490.3 and 11731.4.11730.6 Period of Pendency of ChargeA charge is pending at all stages up to and including an administrative decision todismiss or a withdrawal, on the one hand; or, on the other, up to and including a courtjudgment with which there has not been full compliance. However, also see Sec. 11732regarding the impact of charges that are to be or have been dismissed.11730.7 Informing PartiesThe Board agent handling the matter should inform the parties of anydeterminations made with regard to concurrent charges and petitions and the reasonstherefor. If any party requests the reasons in writing, the Regional Director shouldpromptly provide them. If the determination is to hold the petition in abeyance, the lettershould also inform the parties of their right to obtain review by the Board of thisdetermination under Sec. 102.71 of the Rules and Regulations.If as a result of the determination a scheduled election is postponed, see Secs.11302.1(b) and 11314.8 regarding notification to the parties.11730.8 Notification to BoardIf a blocking charge is filed at a time when a petition is pending before the Boardin Washington, the Executive Secretary should be notified of the filing, as well as of anyrequest to proceed that may be received. All subsequent relevant developments ordispositions of the unfair labor practice charge should also be reported to the ExecutiveSecretary.Revised 01/11