January 2011 - National Labor Relations Board

11860 DOCUMENTARY EVIDENCEelectronic file folders for each case which will allow Regional managers and supervisorsand Headquarters office personnel to access the files.(b) FRCP E-Discovery Rules: Sec 11862, GC Memo 07-09 and OM 07-64provide guidance for managing electronically stored information to ensure compliancewith the FRCP E-Discovery Rules. Since such rules apply to the Board in any civilproceeding in federal district court and it cannot be determined which cases mayultimately be subject to civil litigation, all Regional case files must be maintained in auniform manner consistent with the appropriate instructions in this area.11850.1 Organization of Paper Case FilesPaper Case Files should be so organized that specific material may be easilyfound. No special sectional breakdown is required. The need for organization will oftendepend on the case and on the extent of the work already done, but a desirable breakdownwould consist of sections devoted to the (1) formal (public) documents, (2) memos andcorrespondence, (3) affidavits and statements, and (4) other documents. Normally, theaffidavits and statements should be arranged alphabetically and other documentschronologically.11850.2 File Should Contain Complete History of CaseThere should be no gaps in the case file. Where an item inserted in the file speaksfor itself, it is unnecessary to recite the surrounding facts in a memo, but, for example, anunsuccessful interview attempt should be documented in a memo; in this way, the filewill show the point has not been overlooked.From time to time, if the case is long and involved, the Board agent assignedshould, by memo, bring the circumstances up to date and signify further steps to be taken.11860 Documentary EvidenceThe term documentary evidence means any paper whether in written, printed,graphic, electronic or other visual form, containing facts germane to the case that mightbe necessary to introduce at a hearing. Documentary evidence includes correspondenceto the Regional Office, other letters, emails and attachments, records, charts, pictures,affidavits, and other signed statements.All documentary evidence should be retained in the original form if possible;otherwise, such evidence should be photocopied. Emails and electronically supplieddocuments must be printed and placed in the file. See Sec. 11862, GC Memo 07-09 andOM Memos 07-64 and 10-48 for specific guidance for managing electronically storedinformation.Unless the source and circumstances of receipts of a document are selfexplanatory,they should be recited in a file memorandum.Revised 01/11