January 2011 - National Labor Relations Board

10070 VIOLATIONS OF OTHER STATUTES AND MISCONDUCTthe charging party with an opportunity to withdraw the charge. Sec. 10120. If thecharging party elects to withdraw, the charged party generally should not be informed ofthe Regional Office’s determination. If the charging party declines to withdraw, thecharge should be dismissed promptly. Sec. 10122.(c) Deferral Charges: If the Regional Office determines that the charge should bedeferred, the Board agent should inform the parties and take the necessary steps toimplement the Regional Office’s determination. Sec. 10118.10070 Violations of Other Statutes and MisconductPersons who bring to the attention of any member of the Regional Office staffevidence of a possible violation of other Federal statutes, independent of our processesand not uncovered during the investigation of a case, should be referred to appropriateauthorities.When potential violations of other statutes are uncovered during an investigation,Regional Offices are not required to obtain clearance from the Division of Operations-Management before referring such conduct to the appropriate agency. However, whenthe potential violation concerns possible criminal conduct related to Board proceedings(e.g., fraudulent authorization cards, perjury or obstruction of justice in connection withNLRB proceedings) clearance from Operations-Management is required. Sec. 10058.6.The Agency also has an obligation to report attorney misconduct in Agencyproceedings to State bars and disciplinary officials. The standards set forth in therelevant jurisdiction’s rule(s) regarding reporting professional misconduct provideguidance as to when reporting is required. When Agency referral of unethical attorneyconduct may be appropriate, the matter should be referred to Operations-Management.Sec. 10058.6.Special Ethics Counsel is available for consultation to Board attorneys acting intheir individual capacities who consider reporting misconduct in Agency proceedingsregarding themselves or other attorneys to bars or disciplinary officials.10070.1 Titles I-VI of Labor-Management Reporting and Disclosure ActWhen possible violations of Titles I-VI of the Reporting and Disclosure Act arebrought to the attention of a Board agent, the Regional Office should refer the matter tothe nearest field office of the Office of Labor Management Standards, U.S. Departmentof Labor. The Region should notify the Division of Operations-Management of suchreferral.10070.2 OSHA and MSHACertain conduct protected under the Act as union or concerted may also beprotected under the Occupational Safety and Health Act and the Mine Safety and HealthAct. Such situations arise most commonly in charges alleging retaliation for reportingsafety concerns. The General Counsel has entered into agreements with both theOccupational Safety and Health Administration (OSHA) and the Mine Safety and HealthRevised 01/11