January 2011 - National Labor Relations Board

10060 THE CONFIDENTIAL WITNESS AFFIDAVITIf the affiant refuses to execute the affidavit under oath, the affiant should beadvised of the option to affirm and sign the affidavit. Finally, if the affiant declines tosign the affidavit, the Board agent should prepare a file memo outlining thecircumstances of the interview and the reasons for the refusal to sign.10060.8 Translation/Certification of Affidavits Taken in a Foreign LanguageWhen an affidavit is taken in a foreign language and the Regional Office has ittranslated into English, the translator should add the following certification at the end ofthe affidavit:I hereby certify that I am fluent in English and [insert name of foreignlanguage being translated] and that the attached English languagetranslation is an accurate translation of the attached [insert name offoreign language that was translated] language original affidavit.____________________Date________________________[Type name of translator]10060.9 Copies of AffidavitsImmediately at the conclusion of the affidavit session, or as soon thereafter aspracticable, the Board agent should:Give a copy of the signed affidavit to the witness and obtain writtenacknowledgement of receiptAdvise the witness that the affidavit is being provided so that he/she canfurther review it and advise the Region of any inaccuracies or omissionsIn order to enhance the confidentiality of the affidavit, instruct the witnessnot to share the affidavit with anyone other than his/her attorney ordesignated representative ( i.e., one who is entitled under the GeneralCounsel’s policy to be present during the affidavit interview (Sec. 10058)whether or not such person was actually present during the interview)Except as set forth below, prior to the hearing, copies of affidavits should not begiven to persons other than the respective affiants. For production of affidavits duringthe hearing, see Sec. 10394.7. Copies of affidavits may be provided to counsel or otherrepresentative in the following circumstances:When a party to the case is represented by counsel or other representativeand a witness who is an agent of such party, or the counsel or otherrepresentative, makes a written request to provide a copy of the affidavitto their counsel or representativeRevised 01/11