January 2011 - National Labor Relations Board

10054 THE INVESTIGATIONnotification can be combined with the letter putting the charged party on notice ofthe allegations, and should generally be sent within 21 days from the filing of thecharge.10052.10 Repeat Violators-New Charge Filed (Contempt)When a charge is filed against a respondent named in, or subject to, an outstandingcourt judgment, the question of possible contempt action should be examined.If the charge is meritorious and the allegations are arguably encompassed by theprovisions of the judgment, the case should be referred to the Contempt Litigation andCompliance Branch for consideration. Secs. 10590.1, 10590.3, and 10590.4, ComplianceManual. The Regional Office should not proceed administratively to issue complaint orto settle the case without the authorization of the Contempt Litigation and ComplianceBranch.10052.11 Social Security NumbersIn order to protect the privacy rights of individuals, Regional Offices should notinclude social security numbers on any document that is or may become public, unlessrequired to do so. Thus, social security numbers should be omitted from documents suchas affidavits, proofs of claim and compliance specifications, as well as any attachmentsthereto. To the extent it is necessary to identify claimants by social security numbers inany such document only the last four digits of the social security numbers should be used,i.e., XXX-XX-____. Board agents should, however, make notations in the case files ofpotential claimants’ social security numbers.Social security numbers may be used in documents and correspondence sent toclaimants, employer respondents and the Social Security Administration and in inquiryletters to the Internal Revenue Service, state agencies and outside contractors whensearching for missing claimants.If a document containing a social security number must be released to the public,the Regional Office should redact the number from the document. See OM Memo 04-16.10054 The InvestigationSince the investigation serves as the basis for all action eventually taken in a case,it must reveal the totality of the circumstances, including relevant backgroundinformation. Initially, wherever possible, the investigation should focus on interviewswith the charging party and with witnesses offered by the charging party. While thecharging party may suggest other witnesses or sources of information, the Board agentshould contact those witnesses only if they appear to have material evidence, as it is theresponsibility of the Board agent to avoid unnecessary expenditure of time and energy.On the other hand, it is the responsibility of the Board agent to take stepsnecessary to ascertain the truth of the allegations of a charge and all promising leadsshould be followed. The Board agent should exhaust all lines of pertinent inquiry,whether or not they are within the control of, or are suggested by, the charging party.Revised 01/11