January 2011 - National Labor Relations Board

10054 THE INVESTIGATIONThroughout the investigation, the Board agent should maintain a current record inthe case file of the agent’s activities and contacts. The Board agent should alsoencourage all parties and other sources of information to electronically submit documentsand other materials to the Regional Office through the Agency’s E-Filing system on thewebsite.10054.1 Responsibility of the Charging Party(a) Cooperation Required: It is the responsibility of the charging party to complywith the Board agent’s requests to: Identify the conduct claimed to be violative of the ActMeet with the Board agent at a reasonable time and placeFully cooperate in the preparation of an affidavit(s) by a Board agentProvide all relevant documents within its possessionComply with all other reasonable requests necessary to complete theinvestigationIn addition, institutional charging parties are responsible for presenting allwitnesses within their control to the Board agent for the purpose of taking affidavits.However, if, despite reasonable and diligent efforts, the charging party is unable topresent witnesses who possess relevant evidence, the Board agent should independentlycontact such witnesses, with the assistance of the charging party, where possible. Sec.10054.3.(b) Lack of Cooperation: The charging party should be ready to promptly submitevidence in support of the charge. If the charging party delays in presenting evidencewithout good cause, the Board agent should send written notice to the charging party orto counsel of the obligation to promptly present evidence and of the duty to cooperate inthe investigation. The notice should include a deadline for the submission of evidenceand should advise that if the deadline is not met, the charge will be subject to dismissalfor lack of cooperation, absent withdrawal.10054.2 Charging Party Interview (a) Generally: In Category II and III cases,the preferred method of obtaining affidavits is through a face to face meeting. See Sec.11740 for a discussion of Category II and III cases. On the other hand, in Category Icases where the issues are generally more straightforward, telephone affidavits may beappropriate. Sec. 10060.10.The affidavit should cover the topics set forth below and maybe developed (include who, what, when, where and why information for all importantconversations and events) in the following order:Revised 01/11