January 2011 - National Labor Relations Board

10060 THE CONFIDENTIAL WITNESS AFFIDAVITWhen a witness who is not a supervisor or an agent of any party providesa written designation of counsel or other representative and the witness orcounsel or other representative makes a written request that a copy of thewitness’ affidavit be provided to that counsel or representativeWhen an unrepresented affiant requests that a copy of his/her affidavit beprovided to a counsel or other representative who also represents a party to the case, thatrequest will not be honored.10060.10 Telephone Confidential Witness AffidavitsIn category I cases, telephone affidavits are generally appropriate. In category IIand III cases, face-to-face interviews are the preferred method for obtaining affidavits,although instructions may change due to budgetary considerations. OM Memos 99-75and 06-54. As to the latter categories of cases, Board agents may take telephoneaffidavits only with supervisory authorization and should prepare file memoranda settingforth the justification. When a telephone affidavit is taken, the Board agent interviewsthe witness by telephone, prepares a written affidavit and then sends the affidavit by mail,e-mail or facsimile to the witness for reading, correction, and signature. In allcircumstances, the Board agent should give the assurances of confidentiality (Sec.10060.5) and instruct the witness to: Read the affidavit carefullyMake any necessary correctionsInitial all changes and each pageSign and date the affidavit, andReturn the affidavit to the Regional Office promptlyWhere appropriate, the Board agent should make arrangements to contact thewitness after the witness has received and reviewed the affidavit. At that time, the Boardagent should administer the oath after the affiant has made any changes, but before he/shesigns it. The Board agent should then ask, “Do you solemnly swear/affirm that theaffidavit you have just given is the truth, the whole truth and nothing but the truth, sohelp you God?” To accurately reflect that the affidavit has been taken and sworn bytelephone, the Board agent should use the following jurat language, “Subscribed andSworn to before the Board Agent by Telephone on (date),” followed by the signature lineand the Board agent’s name. The date of the jurat should be the date the Board agentadministers the oath and the location of the affidavit should reflect the location of theRevised 01/11