List of Exhibits. lxi. Main Supple Volume ment

Transcription

1 List of Exhibits Exhibit 1 1. Provisions of Sections 8(a)(1), (2), (3), (4), and (5) Exhibit 1 2. Provisions of Sections 8(b)(1), (2), and (3) Exhibit 1 3. Provisions of Sections 8(b)(4)(i) and (ii)(a), (B), and (C) Exhibit 1 4. Types of Cases Exhibit 1 5. Employee NLRA Rights Notice Exhibit 1 5a. Spanish Version of Employee NLRA Rights Notice Exhibit 1 6. NLRB List of Frequently Asked Questions Concerning Required Posting of NLRA Rights Notice Exhibit 2 1. National Labor Relations Board Organization Chart Exhibit 5 1. Basic Representation Procedures Under Section 9(c) Exhibit 5 2. Timely Filing of Petitions Health Care Industry Only (Form NLRB-5254) Exhibit 5 3. Timely Filing of Petitions (Except Health Care) (Form NLRB-4645) Exhibit 5 4. Request to Proceed (Form NLRB-4551) Exhibit 5 5. Petition Used in Election, Decertification, Union-Shop Deauthorization, Unit Clarification, and Amendment of Certification Cases (Form NLRB-502) Exhibit 5 6. Report on Investigation of Interest (Form NLRB-4069) lxi

2 lxii How to Take a Case 2011 Supplement Exhibit 6 1. Sample Letter to Employer When Representation Petition (RC) Filed by Union or Employees, or Decertification Petition (RD) Filed Exhibit 6 1. Sample Letter to Employer When Representation Petition (RC) Filed by Union or Employees Exhibit 6 2. Sample Letter to Union When Representation Petition Filed by Employer (RM) Exhibit 6 3. Sample Letter to Employer When Representation Petition Filed by Employer (RM) Exhibit 6 4. Statement of Procedures in Representation Proceedings (Form NLRB-4812) Exhibit 6 5. Notice of Appearance (Form NLRB-4701) Exhibit 6 6. Annual Notice for Receipt of Charges and Petitions (Form NLRB-4702) Exhibit 6 7. Questionnaire on Commerce Information (Form NLRB-5081) Exhibit 6 8. Notice to Employees (Form NLRB-5492) Exhibit 6 8a. Spanish Version of Notice to Exhibit 6 9. Employees (Form NLRB-5492(SP)) NLRB List of Addresses for Receipt of Documents Exhibit Withdrawal Request (Petition or Charge) (Form NLRB-601) Exhibit Sample Letter Informing Petitioner of the Petition Dismissal Exhibit Notice Acknowledging Receipt of Appeal (Form NLRB-1419) Exhibit Board Order Affirming Regional Director s Dismissal of Petition Exhibit Agreement for Consent Election (Form NLRB-651) Exhibit Certification of Results of Election (Form NLRB-4280) Exhibit Certification of Representative (Form NLRB-4279) Exhibit Stipulation for Certification Upon Consent Election (Form NLRB-652)

3 List of Exhibits lxiii Exhibit Full Consent Election Agreement (Form NLRB-5509) Exhibit 7 1. Notice of Representation Hearing Exhibit 7 2. Summary of Standard Procedures in Formal Hearings Held Before the National Labor Relations Board Pursuant to Petitions Filed Under Section 9 of the National Labor Relations Act (Form NLRB-4669) Exhibit 7 3. Supplemental Notice Regarding Settlements and Postponements of Representation Case Hearings (Form NLRB-4338) Exhibit 7 4. Order Rescheduling Hearing (Form NLRB-859) Exhibit 7 5. Subpoena Ad Testificandum (Form NLRB-32) Exhibit 7 5a. Spanish Version of Subpoena Ad Exhibit 7 6. Testificandum (Form NLRB-31(SP)) Subpoena Duces Tecum (Form NLRB-31) Exhibit 7 6a. Spanish Version of Subpoena Duces Tecum (Form NLRB-32(SP)) Exhibit 8 1. Notice of Oral Argument Exhibit 8 2. Exhibit 8 3. Exhibit 8 4. Exhibit 8 5. Exhibit 8 6. Exhibit 8 6. Exhibit 8 7. Sample Decision and Order Dismissing Petition Sample Decision and Direction of Election Order Transferring Representation Case to NLRB (Form NLRB-4881) Waiver of Right to Request Review of Regional Director s Determination (Form NLRB-4480) Sample Letter Denying Employer s Request for Review of Regional Director s Decision Sample Letter Denying Request for Review of Regional Director s Administrative Dismissal of Petition Sample Letter Denying Request for Review of Regional Director s Determination Regarding Appropriateness of Conducting an Election and/or Bargaining Unit

4 lxiv How to Take a Case 2011 Supplement Exhibit 9 1. Exhibit 9 2. Exhibit 9 3. Exhibit 9 4. Exhibit 9 5. Exhibit 9 6. Exhibit 9 7. Exhibit 9 8. Exhibit 9 9. Sample Ballot Used in Collective Bargaining Election Involving One Union (Form NLRB-707N2) Sample Bilingual Ballot Used in Collective Bargaining Election Involving One Union (Form NLRB-707N2SP) Sample Ballot Used in Collective Bargaining Election Involving More Than One Union (Form NLRB-707N3) Sample Bilingual Ballot Used in Collective Bargaining Election Involving More Than One Union (Form NLRB-707N3SP) Sample Ballot Used in Severance Election Notice of Election (Form NLRB-707) Election Notice in Spanish (Form NLRB-707SP) Form to Help Avoid Use of Supervisors in Observing Elections Memorandum OM 05-93: Revised Form NLRB-722 and Form NLRB-722SP Instructions to Election Observers Exhibit 9 9a. Instructions to Election Observers (Form NLRB-722) Exhibit 9 9b. Spanish Instructions to Election Observers (Form NLRB-722(SP)) Exhibit Challenged Ballot Envelope (Form NLRB-4646) Exhibit Instructions to Eligible Employees Voting by United States Mail (Form NLRB-4175) Exhibit Return Ballot Envelope (Form NLRB-4647) Exhibit Tally of Ballots (Form NLRB-760) Exhibit Revised Tally of Ballots (Form NLRB-4168) Exhibit Postelection Procedures in Consent Election Cases Exhibit Postelection Procedures in Stipulated Election Cases

5 List of Exhibits lxv Exhibit Postelection Procedures in Direct Election Cases Exhibit Notice of Bargaining Obligation Exhibit Notice of Bargaining Obligation (Attachment B to OM 06-89, Post-Election Notices to Employers in RC Elections, August 31, 2006) Exhibit Sample Letter Informing Employer of Filing of Petition for Clarification of Bargaining Unit Exhibit Sample Letter Informing Employer of Filing of Petition for Amendment of Certification Exhibit Sample Letter to Petitioner, When List of Signatures Accepted as Petition, Enclosing Petition Form Exhibit Sample Initial Letter to Certified Bargaining Agent, Petition Form Being Sent to Petitioner Exhibit Sample Letter to Employer When List of Signatures Accepted as Petition Exhibit Agreement for Consent Union Security Deauthorization Election (Form NLRB-4931) Exhibit Stipulation for Certification Upon Consent Union Security Deauthorization Election (Form NLRB-4932) Exhibit Notice of Deauthorization Election (Form NLRB-4135) Exhibit 11 6a. Spanish Notice of Deauthorization Election (Form NLRB-4135SP) Exhibit Sample Bilingual Ballot Used in Deauthorization Election (Form NLRB-4135B) Exhibit Sample Ballot Used in Deauthorization Election (Form NLRB-4135B) Exhibit Tally of Ballots Union Security Deauthorization Election (Form NLRB-4888) Exhibit Certification of Results of Election Union Security Deauthorization Proceeding (Form NLRB-4889)

6 lxvi How to Take a Case 2011 Supplement Exhibit Charge Against Employer (Form NLRB-501) Exhibit Charge Against Labor Organization or Its Agents (Form NLRB-508) Exhibit Charge Alleging Unfair Labor Practice Under Section 8(e) of the NLRA (Form NLRB-509) Exhibit Sample Letter Acknowledging Receipt of Unfair Labor Practice Charge Exhibit Sample Letter Notifying Employer of Filing of Unfair Labor Practice Charge Exhibit 12 5a. Sample Letter to Charged Party When Allegations Warrant Consideration of Section 10(j) Exhibit Relief Statement of Procedures in Unfair Labor Practice Proceedings (Form NLRB-4541) Exhibit 12 6a. Sample Notice Regarding Requirement to Search for Work Exhibit 12 6b. Sample Short-Form Back Pay Sheet Exhibit 12 6c. Exhibit Exhibit Exhibit Sample Compliance Information Form Letter Informing Parties of Regional Director s Refusal to Issue Complaint Procedures for Filing an Appeal From Regional Director s Dismissal of Charge (Form NLRB-4938) Pattern Letter for Merit Dismissal Conditional Decision to Dismiss (NLRB Casehandling Manual (d)) Exhibit Pattern Letter for Merit Dismissal Following Conditional Decision to Dismiss (NLRB Casehandling Manual (e)) Exhibit Notice of Appeal From Regional Director s Dismissal of Charge (Form NLRB-4767) Exhibit Collyer Pattern Letter

7 List of Exhibits lxvii Exhibit Sample Letter to Parties Administratively Deferring Unfair Labor Practice Charge to Pending Arbitration Proceedings Exhibit Sample Notice to Arbitrator of Deferral Under Collyer or Dubo Exhibit Sample Form for Appealing Regional Director s Action in Charge Deferral Under Collyer (Form NLRB-4767) Exhibit Settlement Agreement Form (Form NLRB-4775) Exhibit Sample Pre-Complaint Settlement Agreement Form (Form NLRB-4775) Exhibit 14 1a. Sample Post-Complaint Settlement Agreement Form (Form NLRB-4775) Exhibit Notice to Employees (Form NLRB-4722) Exhibit Notice to Members (Form NLRB-4723) Exhibit Informal Settlement Agreement (Form NLRB-5378) Exhibit NLRB Casehandling Manual (Pattern Formal Settlement Agreement) Exhibit Sample Complaint and Notice of Hearing Exhibit 15 1a. Notice of Formal Hearing (Form NLRB-4338) Exhibit Sample Answer Exhibit Summary of Standard Procedures in Unfair Labor Practice Hearings (Form NLRB-4668) Exhibit Order Transferring Case to Board (Form NLRB-1406) Exhibit Sample Notice Used in Secondary Boycott Case (Form NLRB-4726) Exhibit Sample Notice Used in Case of Union Coercion (Form NLRB-4820). 747 Exhibit Sample Notice Used in Case of Employer Interference, Coercion, and/or Discriminatory Discharge (Form NLRB-4727)

8 lxviii How to Take a Case 2011 Supplement Exhibit Sample Notice Used in Case of Employer s Refusal to Bargain (Form NLRB-4727) Exhibit Sample Notice Used in Case of Employer Domination or Interference With Formation or Administration of Labor Organization (Form NLRB-4727) Exhibit Sample Letter Regarding Compliance With Decision and Order of Board or Court Judgment Exhibit NLRB Order Enforcement Chart Exhibit Procedure for Filing an Appeal of a Compliance Determination (Form NLRB-5436) Exhibit Information on Back Pay for Employees (Form NLRB-4288) Exhibit Authorization to Social Security Administration to Furnish Employment and Earnings Information Exhibit Back Pay Claimant Information (Form NLRB-916) Exhibit Claimant Expense, Search for Work, and Interim Earnings Report (Form NLRB-5224) Exhibit Compliance Specification Form and Appendices Exhibit Compliance Specification Form Involving Derivative Liability, Excluding Back Pay Computation Exhibit Sample Notice of Charge Filed in Jurisdictional Dispute Proceeding Exhibit Sample Notice of Hearing in Jurisdictional Dispute Proceeding Exhibit Statement of Procedures in Formal Jurisdictional Dispute Proceeding (Form NLRB-4899) Exhibit Basic Procedures for Casehandling Under Section 8(b)(7) Exhibit Sample Regional Director s Dismissal of CP Charge No Direction of Election

9 Exhibit Exhibit Exhibit List of Exhibits lxix Dismissal of 8(b)(7)(C) Charge (When Regional Office Has Directed Expedited Election) Regional Director s Direction of Expedited Election Notice of Expedited Representation Hearing Exhibit 20 5a. Order Consolidating Representation Cases and Notice of Expedited Representation Hearing Exhibit Refusal to Process Under Expedited Procedure Exhibit Dismissal of Petition-Meritorious 8(b)(7)(A) or (B) Charge Exhibit Application for Order Enforcing Subpoena Ad Testificandum Exhibit Application for Order Enforcing Subpoena Duces Tecum Exhibit Order to Show Cause Exhibit Exhibit Notice of Institution of Proceeding to Enforce Subpoena Ad Testificandum Notice to Mediation Agencies (FMCS Form F-7)