January 2011 - National Labor Relations Board

11751 SUITS AGAINST THE AGENCY AND REQUESTS FOR INTERVENTION11751 Suits Against the Agency and Requests for InterventionThe Regional Office should promptly inform the Special Litigation Branchwhenever the Agency or its agent has been sued or upon a request that the Agencyintervene in private litigation. Pleadings and papers, as received, should be forwarded asexpeditiously as appropriate to the Special Litigation Branch with a copy to the Divisionof Operations-Management.11752 Precomplaint Submissions to Division of Operations-ManagementClearance must be sought before naming an attorney in a complaint as a partyrespondent, an agent of the respondent in general, an agent of the respondent inthe commission of unfair labor practices, or for any other purpose. See Sec.10264.5In cases in which the alleged unfair labor practices also arguably violate theOccupational Safety and Health Act, the Regional Office should refer to GCMemo 75-29 and GC Memo 79-4 for instructions regarding submission to theDivision of Operations-ManagementIn cases in which the alleged unfair labor practices also arguably violate theFederal Mine Safety and Health Act of 1977, the Regional Office should refer toGC Memo 80-10 for instructions regarding submission to the Division ofOperations-ManagementIn cases in which the alleged unfair labor practice charge also involves theAmericans with Disabilities Act (ADA), the Regional Office should consult withthe Division of Operations-ManagementMisconduct by attorneys or other representatives should, where appropriate, bereferred to the Division of Operations-Management. Sec. 102.177(e), Rules andRegulations and OM Memos 97-2 and 01-80Certain settlements amounting to less than 80 percent of net backpay requireclearance from the Division of Operations-Management as follows:o All formal and informal Board settlements, Sec. 10592.4 and .8 of theCompliance Manualo Non-Board settlements in cases where the Regional Office has decided toissue complaint, Sec. 10592.4 and .8 of the Compliance ManualRevised 01/11