January 2011 - National Labor Relations Board

11731 EXCEPTIONS TO BLOCKING CHARGE POLICYcharges and reach a determination on the merits. If the charges are without merit,Regions should dismiss them, absent withdrawal, and unblock the representation case. Ifthe investigation discloses sufficient merit to proceed to a complaint, the parties shouldbe so advised, and given an opportunity to enter into an informal settlement agreementresolving the allegations. In settling the case, the Region must consider the implicationsfor the representation case. See OM Memo 07-69, Sec. 11733.2. Absent settlement, andprior to the issuance of complaint, the matter should be forwarded to the Division ofAdvice for consideration of whether deferral is appropriate, and whether Saint GobainAbrasives, Inc., 312 NLRB 937 (1993), is implicated. See OM Memo 08-74.11731.4 Exception 4: Petition and Charge Raise Significant Common Issues; UCand AC PetitionsThere are situations where the Type I or Type II alleged unfair labor practices areso related, at least in part, to the unresolved question concerning representation sought tobe raised by the petition that the processing of the petition will resolve significantcommon issues. Panda Terminals, 161 NLRB 1215, 1223–1224 (1966); Krist Gradis,121 NLRB 601, 615–616 (1958). Thus, it may be appropriate to conduct a hearing andissue a decision to resolve an issue, such as supervisory status, that is relevant to both thepetition and the unfair labor practice case. Sec. 11228. Where appropriate, theconditions of Exception 2 (Sec. 11731.2) should also be taken into account, especiallywith respect to proceeding to an election.UC and AC Petitions: When a UC or AC petition and an 8(a)(2) or (5) chargeraise the same issue, the UC or AC petition may be the more effective way of resolvingthe issue. Sec. 11490.3. Ordinarily, the UC or AC case should be processed while the8(a)(2) or (5) charge is held in abeyance, unless the potential for excessively lengthy orduplicative proceedings warrants a determination to process the issue through the unfairlabor practice case.11731.5 Exception 5: Scheduled HearingIn situations where a R case hearing has already been scheduled when a Type I orType II unfair labor practice charge is filed and time does not permit determination ofpossible merit of the charge, the Regional Director may proceed with the hearing in the Rcase. A separate determination should then be made by the Regional Director pursuant toExceptions 2, 3, and 4 above (Secs. 11731.2, .3, and .4) with regard to issuing a decisionand/or conducting an election.11731.6 Exception 6: Scheduled ElectionWhen an election has already been scheduled and thereafter a Type I or Type IIunfair labor practice charge is filed too late to permit adequate investigation before thescheduled election, the Regional Director may, in his/her discretion:(a) Postpone the election pending disposition of the charge; or(b) Hold the election as scheduled and impound the ballots until after dispositionof the charge; orRevised 01/11