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The Casehandling Manual is intended to provide procedural and
operational guidance for the Agency's Regional Directors and their
staffs when making decisions as to unfair labor practice and
representation matters under the National Labor Relations Act. The
Manual consists of three volumes: Part One-Unfair Labor Practice
Proceedings; Part Two-Representation Proceedings; and Part
Three-Compliance Proceedings. This Manual has been prepared by the
General Counsel for use by Agency personnel, pursuant to authority
under Section 3(d) of the Act and as delegated by the Board. As to
matters on which the Board has issued rulings, the Manual seeks to
accurately describe and interpret Board law. This is the current
version of the Manual effective December, 2011
This book represents an updated edition of "An Outline of Law and
Procedure in Representation Cases." This book was originally issued
in the early 1960s and was the work of then Assistant General
Counsel Elihu Platt. It was not revised until 1992 when John
Higgins volunteered to update the text. Since then, he has revised
and updated the text in 1995, 1997, 1999, 2002, and again in 2005.
In this new edition, Deputy General Counsel Higgins has brought the
text through December 2007, has added a number of new topics, and
has updated the subject matter index.
This Manual has been prepared by the General Counsel of the
National Labor Relations Board pursuant to his authority under
Section 3(d) of the Act. It is designed only to provide operational
and procedural guidance for the Agency's staff in administering the
National Labor Relations Act. Subjects covered include -
Identifying potential 10(j) cases; Notice to Parties and expedition
of cases; Investigating and Analyzing "just and proper"; Submission
of Section 9(j) cases to the Board; Preparing Papers for District
Court; Oral Argument in District Court; Discovery in 19(j)
litigation; Other litigation issues; Post injunction procedures. It
also includes checklists, standards, suggested outlines, points and
authorities, model arguments, sample pleadings, guidelines for
filing motions, question by the court and possible answers,
opposition to intervention by charging parties, model discovery
documents, as well as other sample letters, motions, petitions and
stipulations.
A tentative draft Guide to Board Procedures has been prepared under
the auspices of the Office of the Executive Secretary to assist
parties in complying with the Board's Rules and Regulations and
administrative practices. The Guide is intended to assist the
practitioner who is generally familiar with the Board's procedural
requirements, but it is especially designed to help those with
little or no familiarity with those rules. The Guide covers filing
requirements, and answers questions concerning many other
procedures and practices. It includes, among other helpful
provisions, a quick reference guide for unfair labor practice case
filings, a checklist for preparing exceptions, cross-exceptions,
and briefs, and a number of helpful hints on how to avoid common
filing mistakes. The Guide also includes a table of contents that
facilitates finding the rules that pertain to particular areas of
concern quickly and easily.
The Casehandling Manual is intended to provide procedural and
operational guidance for the Agency's Regional Directors and their
staffs when making decisions as to unfair labor practice and
representation matters under the National Labor Relations Act. The
Manual consists of three volumes: Part One-Unfair Labor Practice
Proceedings; Part Two-Representation Proceedings; and Part
Three-Compliance Proceedings. This Manual has been prepared by the
General Counsel for use by Agency personnel, pursuant to authority
under Section 3(d) of the Act and as delegated by the Board. As to
matters on which the Board has issued rulings, the Manual seeks to
accurately describe and interpret Board law.
This Guide has been prepared by the Office of the General Counsel
to provide guidance to hearing officers in conducting hearings in
NLRB representation proceedings and Section 10(k) hearings. The
Guide emphasizes techniques of conducting the hearing and
developing a complete record. It is designed only to provide
procedural and operational guidance to the Agency's staff and is
not intended to be a compendium of substantive or procedural law,
nor a substitute for knowledge of the law. Similarly, the Guide
does not constitute rulings or directives of the Board or the
General Counsel, and is not a form of authority binding on either
the Board or General Counsel. As to matters on which the Board has
issued rulings, the Guide seeks to accurately describe and
interpret Board law; while the Guide can thus be regarded as
reflecting Board policies as of the date of its preparation, in the
event of conflict, it is the Board's decisional law, not the Guide,
that is controlling. Similarly, while the Guide reflects
casehandling policies of the General Counsel as of the date of its
preparation, such policies may be revised or amended from
time-to-time. Although it is expected that the Agency's Regional
Directors and their staffs will follow these guidelines in the
handling of cases, it is also expected that in their exercise of
professional judgment and discretion, there will be situations in
which they will adapt these guidelines to circumstances.
The Casehandling Manual is intended to provide procedural and
operational guidance for the Agency's Regional Directors and their
staffs when making decisions as to unfair labor practice and
representation matters under the National Labor Relations Act. The
Manual consists of three volumes: Part One-Unfair Labor Practice
Proceedings; Part Two-Representation Proceedings; and Part
Three-Compliance Proceedings. This Manual has been prepared by the
General Counsel for use by Agency personnel, pursuant to authority
under Section 3(d) of the Act and as delegated by the Board. As to
matters on which the Board has issued rulings, the Manual seeks to
accurately describe and interpret Board law.
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