January 2011 - National Labor Relations Board

10062 AMENDMENTS TO THE CHARGE10062 Amendments to the Charge10062.1 PreparationA charge is amended by typing “Amended’’ (or “Second Amended,’’ “ThirdAmended’’) before the word “Charge’’ on the regular charge form and by rewriting thecontents of the charge to include the desired changes.10062.2 Service of CopiesCopies of amended charges must be served on the charged party and otherinterested parties and appropriate counsel and other representatives for whom service isnecessary. Service may be by regular mail and proof of service should be placed in thefile. Sec. 11842.10062.3 AssistanceThe charging party, prior to Regional Office action, may file an amended charge.Board agents should, upon request, assist charging parties with the filing of suchamendments. Sec. 10012.2.10062.4 Filed after DismissalAn amendment received after dismissal of a charge should be docketed as a newcharge and assigned a new number.10062.5 Allegations not Contained in ChargeWhere the investigation uncovers evidence of unfair labor practices not specifiedin a charge, Board agents, with appropriate supervision, must determine whether thecharge is sufficient to support complaint allegations covering the apparent unfair laborpractices found. For example, the charge should allege the type of conduct, such as: InterrogationThreats of dischargeThreats of violenceMass picketingIf the allegations of the charge are too narrow, not sufficiently specific orotherwise flawed, the charging party or its representative should be apprised of thepotential deficiency in the existing charge and given the opportunity to file an amendedcharge. The charging party should also be advised that failure to file the amended chargeRevised 01/11