January 2011 - National Labor Relations Board

11842 SERVICE BY THE AGENCY11842.4 Service When a Party or Person is Represented by a NonattorneyDesignated RepresentativeWhen a party’s or person’s designated representative is not an attorney, ModelRule 4.2, the skip counsel rule described in Sec. 10058, does not apply. Although alldocuments and correspondence, including post complaint litigation and compliancerelated documents, regardless of the method of service, should be addressed to and servedon the designated representative, copies may also be sent to the party or person unlessone of the situations set forth below in subparagraphs (a), (b), or (c) applies:(a) Service on Party or Person with Copy to Nonattorney DesignatedRepresentative: The following documents and/or correspondence should be addressedto and served on the appropriate party(ies) or person(s) with a copy(ies) to theirnonattorney designated representative(s) and, if appropriate, with copies to other partiesand their attorneys or nonattorney designated representatives: Charges, amended charges, and standard service letters (see Sec. 10040) Petitions, amended petitions, and standard service letters (see Sec. 11009)Correspondence confirming agreed upon election arrangements, electionnotices, and letters requesting and supplying Excelsior lists accompaniedby a copy of the approved consent or stipulated election agreement Objections and standard service letters (see Sec. 11392.9)Subpoenas, related forms and instructions, and standard cover letters(b) Service on All Parties, Persons, and Nonattorney Designated Representatives:The following documents should be served on all parties and persons and theirnonattorney designated representatives:Complaints, compliance specifications, amendments to either, notices ofhearing, final Board Orders, and Administrative Law Judge decisions inunfair labor practice cases and in connection with 10(k) hearings.Notices of hearing, decisions, orders, reports, supplemental decisions, andcertifications in representation cases(c) Service on Nonattorney Designated Representative with Copy to Party: Thefollowing documents and/or correspondence should be addressed to and served on thenonattorney designated representative(s) of the appropriate party(ies) with a copy(ies) tosuch party(ies) and with copies to other parties and their attorneys or designatedrepresentatives:Dismissal and withdrawal lettersFinal Collyer, Dubo, and administrative deferral lettersRevised 01/11