January 2011 - National Labor Relations Board

11734 RESUMPTION OF PROCESSING OF PETITION UPON DISPOSITION OF CHARGE11734 RESUMPTION OF PROCESSING OF PETITION11734 Resumption of Processing of Petition Upon Disposition of ChargeProcessing of a petition held in abeyance during the pendency of an unfair laborpractice charge may be resumed upon the disposition of the charge. Where the chargedparty or respondent in the unfair labor practice proceeding has taken all action requiredby a settlement agreement, administrative law judge’s decision, Board Order, or courtjudgment, except that the full period for posting any required notice has not passed,certain preelection action with respect to the R case may be taken, whether or not thecharging party requests that the R case proceed. Thus:(a) A hearing may be held(b) An election agreement may be approved(c) An order dismissing petition or a decision and direction of election may beissued.As noted, these preelection actions may be taken in the absence of a request toproceed.ELECTION: In the event the charging party wishes to proceed to an electionduring the posting period, a written waiver must be obtained from the charging party,stating that the unremedied unfair labor practices referred to in the posted notice may notconstitute grounds on which the Board may set aside the election.Absent such a waiver, an election should not be held until the posting period hasexpired.EXCEPTION: When the remedy requires that recognition of an unlawfullyassisted union be withdrawn and withheld unless and until that union has been certifiedby the Board, neither a RC petition filed by that union nor a RM petition should beentertained until after the expiration of the posting period. The showing of interestsubmitted in support of a petition filed by that union must be dated after expiration of theposting period.11740 PRIORITY OF CASE PROCESSING11740 Priority of Cases—Impact AnalysisRecognizing that limited resources prevent the processing of all cases on a first in,first out basis, the Agency has developed an Impact Analysis system. Impact Analysisassesses representation, unfair labor practice and compliance cases in terms of theirrelative impact on the public and their significance in effective achievement of theAgency’s mission. Under Impact Analysis, cases are categorized as Category III,exceptional impact; Category II, significant impact; or Category I, important impact.Revised 01/11