January 2011 - National Labor Relations Board

10118 DEFERRALSInc., 301 NLRB 380 (1991); Alpha Beta Co., 273 NLRB 1546 (1985). If the settlementdoes not meet such standards, the Region should not defer to the settlement and shouldcomplete the investigation.(b) Section 8(a)(1) and (3) Cases: Following a settlement of a grievance in thesecases, the Regional Office should follow the guidance set forth in GC Memo 11-05.10118.4 Administrative DeferralA Regional Office may postpone determination of a ULP charge due to thependency of closely related matters in other proceedings. In these circumstances, theRegional Office should notify the parties of such decision and the basis for it. Althoughthe Regional Office will normally consider the disposition of the related matter in itseventual determination, the Regional Office is not generally required to defer to the resultin the related matter, except for controlling General Counsel determinations or Boarddecisions. Administrative deferral of a charge may be appropriate in the followingcircumstances:(a) Other Charges: The Regional Office may postpone determination where theoutcome of a closely related ULP charge may affect the disposition of the charge to bedeferred. Common circumstances include cases pending administrative appeal and wherecomplaint has issued.(b) Representation Cases: The Regional Office may postpone determination of aULP charge where the disposition of representation cases before the Regional Office orthe Board may impact significant issues raised in the ULP case. Such issues may includesupervisory status, appropriate unit or unit clarification issues.(c) Other Government Agencies and Courts: The Regional Office may postponemaking a determination of a ULP case where the outcome of a closely related matterpending before other Federal, State, or local Government agencies may significantlyimpact the disposition of the case to be deferred. For examples, see Sec. 10070. See alsoSec. 10118.5.(d) Collection Cases: These cases involve an allegation that an employer hasfailed, in violation of Section 8(a)(5), to make contractually-required contributions suchas payments to pension funds, health and welfare funds, and vacation funds. In suchcases, the Regional Office should follow the guidance in GC Memos 02-05 and 95-8 inorder to determine if it is appropriate to postpone the processing of the charge. See alsoSec. 10670.4(b) of the Compliance Manual.10118.5 Periodic Review of Status of Deferred CasesIn order to determine whether deferral remains appropriate, the Regional Officeshould, on a quarterly basis, ascertain from the parties the status of the proceedings towhich the Regional Office has deferred. Once a response is received, the Regional Officeshould determine whether all parties are meeting their obligations imposed as conditionsfor deferral by the Region and what action, if any, should be taken. Upon resolution ofthe related proceedings, the Regional Office must promptly review the disposition of therelated proceedings and take whatever action is appropriate.Revised 01/11