January 2011 - National Labor Relations Board

10052 PRELIMINARY REVIEW AND CONTACTSIn limited circumstances, Confidential Witness Questionnaires may be used as ahelpful initial screening device. If the witness is represented, the questionnaire should besent to the attorney or other representative. A questionnaire may assist in directing thecourse of the investigation and, in some situations, may obviate the need for furtherinvestigation. As issues of literacy, English fluency, ability and willingness to complete anarrative may affect the accurate completion of a questionnaire, caution should beexercised in relying upon the responses. Absent extraordinary circumstances, a caseshould not go to trial without sufficient sworn testimony received in affidavit form settingforth the evidence to support the complaint.Questionnaires may also assist in cases where there is a large number of witnessesfrom whom similar types of evidence is needed, for instance, when authenticatingauthorization cards (Sec. 10066.1) and in salting and refusal to hire successor cases.The following should be incorporated in all questionnaires:This Confidential Witness Questionnaire is considered a confidential lawenforcement record by the National Labor Relations Board and will not bedisclosed unless it becomes necessary to produce this document in connectionwith a formal proceeding.If I remember anything else that is relevant, or desire to make any changes to theConfidential Witness Questionnaire, I will immediately notify the Board agent. Iunderstand that this Questionnaire is a confidential law enforcement record andshould not be shown to any person other than my attorney or other personrepresenting me in this proceeding.I understand that if I retain a copy of the Confidential Witness Questionnaire formy records and if the document is shared with others it could reduce the Agency’sability to protect the document from compelled disclosure.10052.5 Initial Contact with Charged PartiesAfter obtaining a preliminary understanding of the case from the initial contactwith the charging party, the Board agent should:Telephone the appropriate charged party representative, as set forth in Sec.10058, to make certain inquiries.Inform the charged party that the investigation is at its earliest stages andthat it will be advised of any additional developments.Broadly describe the allegations of the charge and solicit the chargedparty’s position.Seek sufficient details regarding such position to enable the Board agent toexamine the charging party regarding the charged party’s position.Request that the charged party submit a written statement of position.Revised 01/11