In cases where newly discovered evidence after the authorization of a complaint requires the refusal to issue a complaint by the Regional Director (that is, "dismissal" of the charge), the approval of such dismissal should be secured from the the Secretary's office, in advance. 2. "R" Cases. "R" cases which are adjusted after authorization of investigation and hearing may be closed in the usual manner, i. e. "by adjustment," where the question of representation is determined by a consent election or check of cards against pay roll, or by withdrawal or dismissal of the petition, after securing permission for such dismissal or withdrawal from the Board. B. CASES CLOSED BEFORE AUTHORIZATION OF COMPLAINT OR HEARING 1. "C" Cases. a. Dismissal.-Continue present procedure. Send form letter to union or complainant, advising of refusal to issue complaint, and advising of right to appeal to Board for review. The letter so advising the complainant of the Regional Director's refusal to issue a complaint should not specify the reason for the refusal. The Board does not desire to issue any formal statement limiting its own jurisdiction; and it is also advisable not to specify that the refusal is for want of merit. For these reasons, in all cases dismissed on jurisdiction or on the merits, the form letter should merely state that the refusal to issue complaint is because "our investigation reveals that the case is not sufficiently strong to warrant the issuance of a complaint." The form letter must make no reference to the "closing" of the file or case. The form letter should not specify any period of time allowed for requesting review by the Board of the Regional Director's refusal to issue a complaint. But dismissed "C" cases should not be closed or reported closed until the expiration of a 4-week period after the form letter refusing to issue a complaint has been sent out. Please be sure that no reference to this 4-week time limit is made to the charging party in the letter of refusal to issue a complaint, or otherwise. A copy of the form letter dismissing a "C" case should be transmitted to Washington immediately on transmittal to the charging party. Do not send the case file to Washington until a request therefor is made. If the complainant does not request review within the 4-week period, the case may be reported as closed. If a request for review is filed, the case should remain open until the appeal is disposed of by the Board. If the Regional Director is sustained, the case will then be reported closed. If the appeal is allowed, further action in the case may proceed without any "reopening" of the case, since it has remained a pending case throughout. The file in all cases closed by dismissal must contain a full report from the field examiner to whom the case has been assigned, on the employer's business where the case is dismissed on the question of jurisdiction, or on the merits of the case where the case is dismissed on the question of merit. b. Withdrawal.3-In all cases withdrawn by the union or complainant without adjustment, a full report of the field examiner's investigation of the case, if any has been made, must be in the closed-case file. Every effort should also be made to ascertain the reason for the union's withdrawal of the charge. If the reasons are stated to the field examiner or the director, orally, a memorandum should be placed in the file, setting forth fully the reasons for the withdrawal. c. Adjustments.-Every effort should be made to secure a written settlement agreement between the parties in all "C" cases closed "by adjustment." This agreement should contain the terms of the settlement, the signatures of the parties, and the signatures of the field examiner, and Regional Director in approval. Although settlement of a case should not be refused because the parties, or one of them, refuse to enter into a written settlement agreement, you should strive to have adjustments in the form of such written settlement agreement. In all cases closed "by adjustment," the closed file must include the following material: (1) A full investigation reported by the field examiner who handled the case. (2) A detailed account of the terms of the settlement, including a copy of any agreement between the parties that may have been entered into concerning the settlement. 2 Form A attached. (New form.) For procedure on withdrawal of charge after issuance of complaint, by dismissal thereof, see my mem orandum of September 27, 1938 (M-670). (3) A copy of the notice posted by the employer. Please note that since all of our cases involve Section 8 (1) of the Act, a notice covering Sections 7 and 8 (1) should be a minimum requirement in all cases closed "by adjustment." (4) A written confirmation of compliance with the terms of the settlement from the employer, including a statement that all phases of the employer's part of the settlement have been executed. (5) A written confirmation of the fact of compliance from the union and/or individuals involved, including information as to actual disestablishment of company unions, actual reinstatement of workers allegedly discriminated against, payment of back pay, bargaining negotiations, agreements reached, posting of Dotices, and the like. (6) A withdrawal of the charge by the union wherever possible. The case may be closed "by adjustment" without such withdrawal, in the event the union cannot or will not withdraw the charge, provided that the employer and the union have supplied proof of compliance with the terms of the settlement. Do not report cases closed by adjustment until the file shows that the above requirements have been fulfilled. 2. "R" Cases. In closing "R" cases before an investigation and hearing have been ordered, continue present procedure of closing cases as adjusted, where question of representation has been determined by consent election or check of cards against pay roll; or by securing permission and order from the Secretary for withdrawal or dismissal of petition. In all "R" cases closed by withdrawal, the file must show, by memorandum or communication from the petitioner, the reasons for the withdrawal. In cases closed by dismissal, the file must contain a detailed investigation report and other material showing the reasons for the dismissal. Board approval of withdrawal or dismissal of petitions in "R" cases must be obtained before closing such cases. Hereafter in order to facilitate the work of the office in handling these matters, all requests for Board Orders permitting withdrawal or dismissal of petitions should be submitted in the form specified on form B attached. Please be sure to supply all information outlined on this form. C. REPORTS AND FORMS IN REPORTING CLOSED AND ADJUSTED CASES The new "Closed and Adjusted Case Report" embodied on a single report form has been printed and supplied for your use. Please be sure to answer all questions contained on the new form, furnishing all details of the settlement, and specifying dates whenever possible. Withdrawal Forms.-Attached you will find forms for withdrawal of charges. These forms should be supplied to unions and individuals filing charges whenever withdrawal is required. Please note that the form provides space for approval of withdrawal by the Regional Director pursuant to Article II, Section 1, of the Rules and Regulations. Also, note that all withdrawals, whether on the basis of adjustment or otherwise, are "without prejudice." Attached, too, is a form for withdrawal of petitions. Permission to withdraw a petition must, of course, be secured from the Board before closing "R" cases by withdrawal. D. NOTIFYING EMPLOYER The Board has decided that hereafter the employer is to be notified of the closing of "C" and "R" cases, by withdrawal, by refusal to issue a complaint or by dismissal of the petition, or by adjustment. Hereafter, you will, upon so closing a case, notify the employer of the fact, by means of the form letter attached." Please note that these letters do not say that the case or file is "closed," but that "further action is not contemplated in the above matter at this time." Replies to inquiries concerning such closed cases should be in the same manner. 1. "C" Cases. Where a case is closed by adjustment pursuant to a settlement, the employer should be notified of the closing of the case only after you receive confirmation of compliance from the union or complainant and the employer. Where a case is closed by dismissal, the employer should be notified only after the 4-week period for an appeal has elapsed and the case actually closed. Where the complainant appeals to the Board, and the refusal to issue complaint has been sustained by the Board, the employer will be notified from Washington. Forms C & D, attached. (New forms.) 2. "R" Cases. The employer should not be notified of withdrawal or dismissal of petitions in "R" cases until the Board's order authorizing withdrawal or dismissal has been received in the Regional Office. Attachments Forms A, B, C, D, E, and F. N. W. M-793 Form A. NATIONAL LABOR RELATIONS BOARD RE CASE NO. (Date DEAR SIR: Your charge against (Company) charging a violation of Section 8 (1), and (-) of the National Labor Relations Act, has been duly investigated. Our investigation reveals that the case is not sufficiently strong to warrant the issuance of a complaint by this office. I must, therefore, refuse to issue a complaint in this matter. Please be informed that, pursuant to the National Labor Relations Board Rules and Regulations-Series 1, as amended, Article II, Section 9, you may obtain a review of this action by filing a request therefor with the National Labor Relations Board in Washington, D. C., and by filing a copy of such request with me. Yours very truly, This form replaces all previous forms. Regional Director. Please use this form in all "C" cases in which issuance of complaint is refused. M-793 NATIONAL LABOR RELATIONS BOARD (Date) To: Nathan Witt, Secretary. From: (Regional Director.) Subject: Case Name and Number. DISMISSAL of Petition. The petition in this Request for Order authorizing WITHDRAWAL case was filed by (labor organization) petition) on (date) Amended petition (s) were filed by by on (date) --- --, acting The request for withdrawal of the petition was made by (labor organization), acting by (name of person or official who made request) on (date) The request was made (in writing) (in personal visit) (by telephone). The Board should consider dismissal of the petition for the following reasons (state reasons, including history of case, if necessary). A Board order authorizing (withdrawal) (dismissal) recommended. of the petition is Regional Director. NOTE: Use above form where a Board order authorizing withdrawal or dismissal is recommended. Where the Regional Director does not recommend authorization of withdrawal, the reasons therefor should be stated following the union's reasons, with a full report outlining the history of the case and describing the situation. This paragraph to be used in cases where Order authorizing withdrawal is sought. Copies of written requests should be attached. DEAR SIR: This is to request the withdrawal of the charge in the above matter, without prejudice. DEAR SIR: This is to request the withdrawal of the charge in the above matter; without prejudice. DEAR SIR: This is to request the withdrawal of the petition in the above matter without prejudice, subject to the approval of the National Labor Relations Board. National Labor Relations Board approval order, dated 19. received. Regional Director. M-793 Re Case No. Form E. (Date) DEAR SIR: This is to advise you that (pursuant to the terms of the settlement, investigation of the charge in the above matter has been discontinued) (pursuant to the terms of the settlement, the charge in the above matter has been withdrawn without prejudice) (the charge in the above matter has been withdrawn without prejudice by the charging party) (issuance of a complaint in the above matter has been refused). Further action in the above matter is not contemplated by this office at this time. "C" cases. Letter to be used in notifying employer of closing of case. Use clause in parenthesis applicable to case. Regional Director. Re Case No. M-793 Form F. (Date) DEAR SIR: This is to advise you that (pursuant to the terms of the settlement, the question of representation raised by the petition in the above matter has been adjusted) (the petition in the above matter has, with the approval of the Board, been withdrawn without prejudice by the petitioner) (the petition in the above matter has been, by order of the Board, dismissed). Further action in the above matter is not contemplated by this office at this time. "R" Cases Letter to be used in notifying employer of closing of case. Do not send this letter until case is actually closed. Regional Director. (Folder labelled "Omaha & Council Bluffs" was received in evidence and marked "N. L. R. B. Exhibit No. 477." Its entire content, Decision and Order In the Matter of Omaha & Council Bluffs Street Railway Co., Case No. C-1039, is on file with the committee.) N. L. R. B. EXHIBIT No. 478 PUBLIC SERVICE CO. OF INDIANA N. L. R. B. No. 478-A WEEKLY REPORT REGIONAL OFFICE, 11TH REGION Week ending March 14, 1936 CASES CLOSED Case No. XI-C-15. Name of company: Public Service Company of Indiana. Date charge received: Jan. 24, 1936. Date case closed March 12, 1936. Detailed report as to action taken to close case Company agree to recognize committee representing Operating Engineers as bargaining agency for employees in Terre Haute Dresser Plant. Mar. 12, Received letter from union stating they are resubmitting the proposed agreement to company, and they wish to withdraw the charges. Mar. 12, Letter to union consenting to the withdrawal of charges. Negotiations to start soon. If intermediate report is issued or agreement entered into, main terms of report or agreement. N. L. R. B. EXHIBIT No. 478-B To: Estelle Frankfurter. MEMORANDUM January 20, 1936. From: Robert H. Cowdrill. Subject: Public Service Co. of Ind. Mr. David Persinger being absent and occupied with a hearing in New Albany, Indiana, your letter of January 18th addressed to him has come to my attention and I wish to answer as follows: On October 17, 1935, Mr. Wolf wrote to me as follows: "(1) If the facts as told to the director indicate that the business is not interstate, he should discourage the filing of a charge, with a careful explanation of the reason why the Board cannot act effectively as to such a business. The popular reputation of our enterprise will depend to a considerable extent upon the success of the directors in making such people feel that they are not getting a bureaucratic run-around, and that we are undertaking to do all that we have the power to do." As the complaining union appears to be ignorant of the interstate character of the Public Service Company's business, and as my local inquiries did not furnish |