January 2011 - National Labor Relations Board

10054 THE INVESTIGATION(f) Foreign Language Notice Posting: In certain cases, it may be appropriate toseek a foreign language notice posting in addition to a notice written in English. In suchcircumstances, the Board agent should:Inquire into related facts, such as:o Whether a substantial number of employees are primarily non-Englishspeakingo The extent to which the charged party communicates, either orally or inwriting, with employees in a foreign languageSolicit the parties’ positions as to the propriety of a foreign language noticepostingSee OM Memo 09-44 (CH).10054.3 Third-Party WitnessesWitnesses who are not parties to the case or whose testimony cannot bind a partyare often critical and necessary sources of information. These may include otheremployees, contractors, customers and suppliers of the employer, representatives of otherlabor organizations and representatives of other Government agencies, with the exceptionof representatives of the Federal Mediation and Conciliation Service, who are prohibitedfrom testifying in Board proceedings.If witnesses offered by the charged party are not supervisors or agents, Boardagents should exercise caution in evaluating the appropriate location for interview. Forinstance, interviews with employees of the charged party at its facility should be avoided.Sec. 10054.4Third-party witnesses also have a right to be represented by their individualattorney or other representative but normally should not be interviewed in the presence ofa representative of a party to the case. For further discussion and exceptions, see Sec.10058.4.Due to a variety of circumstances, including fear, bias or disinterest, the Boardagent often faces significant challenges in fulfilling the responsibility of obtaining acomplete and truthful affidavit from third party witnesses.(a) Cooperative Witnesses: If it is anticipated that a prospective witness willcooperate, the Board agent should arrange an appointment at a mutually convenient timeand place.(b) Reluctant Witnesses: If it is anticipated that a witness may be reluctant tocooperate, the Board agent should carefully consider whether initial contact by telephonewould be effective in obtaining the witness’ cooperation. Thus, in certain circumstances,Revised 01/11