January 2011 - National Labor Relations Board

10054 THE INVESTIGATIONNames, addresses, phone numbers, email addresses (contact information)Job classificationsWage ratesHours of workOvertime (typically an estimated weekly average and whether it was seasonalor consistent throughout the year)The following items should be documented separately in the case file rather than in theaffidavit:Benefits, health insurance, pension, vacation, severanceBonuses (whether routine, for example, a holiday or year-end bonus)Whether the case involves construction industry salting (such case requiresdifferent information to establish backpay period, see Sec. 10542.9,Compliance Manual).It is also important to obtain information concerning search for work and interimearnings. This type of information should not be in the initial affidavit. Rather, thisinformation, along with the discriminatees’ social security number and a permanentaddress where they or someone who can reach them resides, should be documented in afile memo. Copies of the alleged discriminatees’ most recent paycheck stubs from theweeks prior to the discrimination should be obtained and placed in the file. While thebest practice is to gather evidence regarding search-for-work and interim earnings earlyin the investigation, if this information is not collected during the initial affidavit, theinformation should be obtained promptly in follow-up discussions with the allegeddiscriminatees and recorded in the file.Alleged discriminatees should be reminded during the interview that, in order tobe eligible for backpay, they must make reasonable searches for work on a regular basisand should maintain records of their attempts to find work, including:Dates work was soughtSources of employment leads, e.g., newspaper, internet, personal referral,etc.Names of company contacted and person(s) with whom contact was madePositions sought, andResponse to contactsAlleged discriminatees should also be advised to retain all paycheck stubs from interimemployers as well as receipts for work-related expenses.(c) Identification of Other Parties and Derivative Liability: The Board agentshould also explore with the charging party whether any entities other than those alreadynamed in the charge may be liable to remedy the alleged unfair labor practices. Thus, incertain circumstances where an unnamed party, such as an alter ego, successor, partner,Revised 01/11