January 2011 - National Labor Relations Board

10052 PRELIMINARY REVIEW AND CONTACTSThe strategy should be reviewed and revised on an ongoing basis in order toadjust to developments in the investigation.10052.7 Identification of IssuesAlthough the charging party should be asked to specify the allegations of thecharge and the facts in support of them, many individual charging parties and others donot possess the knowledge or expertise to identify all possible issues. While the Boardagent must remain neutral and not be an advocate for either party, the agent shouldprovide assistance in identifying issues. In this regard, the Board agent should candidlyapprise the charging party of any potential issues and provide the charging party anopportunity to amend the charge in a timely fashion, if necessary, in order to pursueadditional allegations. Sec. 10062.10052.8 Legal ResearchAs soon as the Board agent recognizes that a case raises legal issues with whichthe agent is not thoroughly familiar, the agent must, with appropriate supervision, beginto research the appropriate case law and Agency procedural memos. It is necessary forthe Board agent to be knowledgeable in the areas of the law raised by the investigation inorder to properly direct the investigation, adduce all necessary evidence and develop athorough understanding of the case.10052.9 Injunctive Relief Under Section 10(j)(a) 10(j) Relief Generally: As part of the initial review of a case, the Board agentshould be alert to the possible appropriateness of injunctive relief under Section 10(j) ofthe Act. Such relief may be requested by the charging party or considered by theRegional Office on its own initiative. Sec. 10310. If the nature of the allegations in thecharge suggests the possible need for 10(j) relief, the charge must be classified as acategory III case under Impact Analysis and given the highest priority. Sec. 11740. Insuch circumstances, the Board agent, when initially meeting with the charging party’switnesses, generally must obtain evidence as to whether injunctive relief is “just andproper.” If charging party’s evidence points to a prima facie case on the merits, andsuggests the need for injunctive relief, the Region should notify the charged party inwriting that the need for 10(j) relief is being seriously considered and request its positionon that issue.(b) 10(j) Relief in Nip-in-the-Bud Discharge Cases: In addition to the guidanceset forth in (a) above, where the case involves a nip-in-the-bud discharge, the expeditedprocedures for the investigation and subsequent processing as set forth in GC Memo 10-07 should be carefully followed, including:Taking the lead affidavit within 7 calendar days from the filing of the charge,where possible.Obtaining all of the charging party’s evidence within 14 days from the filing ofthe charge, where possible.Requesting that the charged party’s position on the need for 10(j) relief besubmitted to the Regional Office within 7 days after the written notification. SuchRevised 01/11