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T-MOBILE USA, INe. and COMMUNICATION WORKERS OF AMERICA, LOCAL 7011, AFL-CIO and Case COMMUNICATION WORKERS OF AMERICA 14-CA-106906
METROPCS, COMMUNICATIONS, and
Case COMMUNICATION WORKERS OF AMERICA
ORDER FURTHER CONSOLIDATING CASES, SECOND CONSOLIDATED COMPLAINT AND NOTICE OF HEARING Pursuant to Section 102.33 of the Rules and Regulations of the National Labor Relations Board (the Board) and to avoid unnecessary costs or delay, IT IS ORDERED THAT the Consolidated Complaint and Notice of Hearing issued. on January 31, 2014, in Cases 28-CA106758, 28-CA-117479, and 14-CA-I06906, alleging that T-Mobile USA, Inc. (T-Mobile) had violated the National Labor Relations Act, 29 U.S.c. § 151 et seq. (the Act), by engaging in unfair labor practices, is further consolidated with Case 2-CA-115949, which alleges that MetroPCS Corrununications, Inc. (MetroPCS, and collectively with T-Mobile, Respondent) has engaged in unfair labor practices within the meaning of the Act.
This Second Consolidated Complaint and Notice of Hearing issued pursuant to Section 10(b) of the Act and Section 102.15 of the Board's Rules and Regulations, is based on these consolidated cases and alleges that Respondent has violated the Act as described below: .
l. (a) The charge in Case 28-CA-I06758 was filed by the Communication Workers of
America, Local 7011, AFL~CIO (the Union) on June 7, 2013, and a copy was served by regular mail on T-Mobile on the same date. (b) The first amended charge in Case 28-CA-I06758 was filed by the Union on
August 30,2013, and a copy was served by regular mail on T-Mobile on the same date. (c) The charge in Case 14-CA -106906 was filed by the Communication Workers of
America (the National. Union) on June 11,2013, and a copy was served by regular mail on TMobile on the same date. (d) The charge in Case 28-CA-117479 was filed by the Union on November 21,
2013, and a copy was served by regular mail on T-Mobile on the same date. (e) The charge in Case 2-CA-115949 was filed by the National Union on October 29,
2013, and a copy was served by regular mail on MetroPCS on October 31,2013. (f) The first amended charge in Case 2~CA-l15949 was filed by the National Union
on December 20, 2013, and a copy was served by regular mail on MetroPCS on the same date. (g) The second amended charge in Case 2-CA-ll5949 was filed by the National
Union on January 23,2014, and a copy was served by regular mail on MetroPCS on January 24, 2014.
2. (a) At all material times, T-Mobile has been a corporation with offices and places of
business located throughout the United States, including call centers located in Albuquerque, New Mexico (Albuquerque call center) and Wichita, Kansas,and has been engaged in the telecommunications (b) industry.
In conducting its operations during the 12-month period ending February 28,
2014, T-Mobile derived gross revenues in excess of$500,000. (c) In conducting its operations during the 12-month period ending February 28,
2014, T-Mobile performed services valued in excess of $50,000 in states other than the State of New Mexico. (d) At all material times, T-Mobile has been an employer engaged in commer.ce
within the meaning of Section 2(2), (6), and (7) of the Act. (e) At all material times, MetroPCS has been a corporation affiliated with T-Mobile,
with offices and retail stores located throughout the United. States, including a store located on Lexington Avenue in New York, New York, and has been engaged in the sale of wireless communication devices and related services. (f) In conducting its operations during the 12-month period ending February 28,
2014, MetroPCS derived gross revenues in excess of $500,000. (g) In conducting its operations during the 12-month period ending February 28,
2014, MetroPCS performed services valued in excess of$50,OOO in states other than the State of New York. (h) At all material times, MetroPCS has been an employer engaged in commerce
within the meaning of Section 2(2), (6), and (7) of the Act.
3. (a) At all material times, the Union has been a labor organization within the meaning
of Section 2(5) ofthe Act. (b) At all material times, the National Union has been a labor organization within the
meaning of Section 2(5) of the Act. 4. (a) At all material times, the following individuals held the positions set forth
opposite their respective names and have been supervisors ofT-Mohile within the meaning of Section 2(11) of the Act and agents ofT-Mobile within the meaning of Section 2(13) of the Act: Karen Viola Cesar Gonzalez Holly Chapin Cesar Ortiz Mark Cisneros Billy Cohn ElianaLugo Louis Angel Castro Elda De leon Yesinia Flores Eli Orozco . Roxanne Garza Lawrence Gonzales David Vega Elda de Leon Kelten Hudzik Jonathan Personius Larissa Johnson General Manager Department Manager Retention Manager Retention Manager Manager Team Manager Bilingual Retention Coach Coach Coach Coach Coach Coach Coach Coach Coach Coach Coach Human Resources (HR.) Specialist
At all material times, the following individuals held the positions set forth
opposite their respective names and have been agents of T-Mobile within the meaning of Section 2(13) of the Act: Chris Pertogola Senior Representative Senior Representative - 4-
5. (a) Since at least December 7, 2012, and at all material times, T-Mobile has
maintained the following overly-broad and discriminatory rule in its Employee Handbook applicable to its employees employed at its facilities across the United States (Employee Handbook) in the Introduction section titled "Employee Handbook Purpose":
This Employee Handbook is for the sole use by employees ofT-Mobile and its U.S. based affiliates and subsidiaries. This Handbook is a confidential and proprietary Company document, and must not be disclosed to or used by any third party without the prior written consent of the Company. (b) Since at least December 7,2012, and at all material times, T-Mobile has
maintained the following overly-broad and discriminatory rules in its Employee Handbook in the Business Practice - Internal Investigation section:
As appropriate, I-Mobile will investigate complaints of harassment, discrimination or retaliation in the workplace or complaints alleging noncompliance with policies or legal requirements. The Company may also investigate suspected employee misconduct, threats of violence or unsafe conduct - and allegations of other improper activity. Employees must fully cooperate in internal investigations, including providing complete, truthful and accurate information and written statements upon request. An employee's refusal to cooperate in any investigation may result in forfeiture of good standing, and/or may result in additional performance improvement action up to and including dismissal. To ensure the integrity of investigations, employees must maintain the confidentiality of the names of the employees involved in the investigations, whether as complainants, subjects or witnesses. Conduct that interferes with, undermines, impedes or is otherwise detrimental to any internal investigation is prohibited. (c) Since at least December 7, 2012, and at all material times, T-Mobile has
maintained a training module titled "Top 13 Ways To Lose Your Job" that includes an overlybroad and discriminatory power-point slide presentation on confidentiality that restricts - 5,
employees from discussing the content and names of witnesses in internal investigations conducted by Respondent. (d) Since at least December 7,2012, and at all material times, T-Mobile has
maintained the following overly-broad and discriminatory rule in T-Mobile's Restrictive and Confidentiality Agreements, signed by its employees employed at its facilities across the United States, except those in California and Puerto Rico:
Confidentiality. Employee acknowledges and understands that Employee will be given access to certain confidential, secret and proprietary information and materials owned by Employer or which relate to Employer's Business, including but not limited to, all information not generally known to the public that relates to the business, technology, subscribers, finances, plans, proposals, or practices of Employer, and it includes, without limitation, the identity of all actual and prospective subscribers and customers, customer lists, files and all information relating to individual customers and subscribers, including their address and phone numbers, all business plans and proposals; all marketing plans and proposals, all technical plans and proposals, all research and development, all budgets, wage and salary information, and projections, all non-public financial information, information on suppliers, and information on all persons for whom Employer performs services or to whom Employer makes sales during the course of Employer's business, and all other information Employer designates as "confidential" (hereafter the "Confidential Information"). Employer and Employee each acknowledge and agree that all Confidential Information shall be considered trade secrets of Employer and shall be entitled to all .protections given by law to trade secrets. Confidential Information shall apply to every form in which information shall exist, whether written, film, tape, computer disk or other form of media, including original materials and any copies thereof. (e) Since about December 7,2013, and at all material times, T-Mobile has
maintained the following overly-broad and discriminatory rule in T-Mobile's Code of Business Conduct, applicable to its employees employed at its facilities across the United States:
Confidentiality and Information Security . We must ensure that the operations, activities, and business affairs of the Company and our customers are kept confidential to the greatest possible extent. Because of your work for us, you may have access to confidential information that belongs to the Company or to its customers. Confidential information includes private or proprietary business, technical, or trade secret information. It also includes certain employee and customer information, such as social security numbers, addresses and telephone numbers, and credit and bank account information. The policy against disclosure of confidential information is a broad one, and includes intentional and inadvertent disclosure. It also prohibits making unauthorized public statements or disclosures that are based on, or rely on, Company confidential information, regardless of the venue in which the statements are made (e.g., to a friend, in a chat room, on a website, or on a blog). Employees, officers, and directors may not access or review any . confidential employee or customer information, including account and contact information, without a business need to do so and without prior authorization from the employee, customer, or a manager. If you acquire confidential information about T-Mobile, its business, its employees, or its customers, the information must be handled in strict confidence and is not to be discussed with anyone without a business need to know it. Employees are responsible for the internal security of such information. The responsibility to protect confidential information includes, without limitation, the following: •Do not use or reveal any confidential information that belongs to the Company or any of its customers, employees, vendors, or contractors except as required in the course ofT-Mobile's business and only to the extent your job duties require that you do so -Have a signed nondisclosure agreement approved by the Legal Department in place before revealing any confidential information to any vendor, contractor, or person not employed by T-Mobile or one of its subsidiaries. Do not reveal any confidential information to anyone (including other Company employees) who does not have a valid T-Mobile business need to know the information. This includes revealing confidential information about the Company's future plans to people who might use that information for their own personal profit or benefit -Comply with the confidentiality agreement that you signed at the time of your hire and any subsequent confidentiality agreements.
Since at least December 7,2012, and at all material times, T-Mobile has
maintained the following overly-broad and discriminatory rule in T-Mobile's Employee Acknowledgment forms, signed by its employees employed at its facilities across the United States, except those in California and Puerto Rico:
I further understand and acknowledge that T-Mobile is committed to an environment that does not allow conduct that may violate laws and/or TMobile's policies (which are often more strict than the law) prohibiting certain forms of discrimination, harassment and retaliation, and that I am responsible for helping to maintain such an environment. I understand and acknowledge that this responsibility includes the following: -I will not engage in conduct that violates the law and/or T-Mobile's policies, including those set forth in the Code of Conduct. -It is not always possible for the Company to be aware of all of the conduct of concern to its employees. I must report any conduct that I believe is improper under T-Mobile's Wage-and-HourlTirnekeeping, Equal Employment Opportunity, nondiscrimination, non-harassment, non-retaliation and other policies to my management team, another appropriate supervisor or manager and/or a Human Resources representative. •I must cooperate and participate in any investigation conducted by the Company or its designees related to these issues. (g) Since about May 1,2013, and at all material times, MetroPCS has adopted and
maintained the T-Mobile rules set forth above in paragraphs 5(b), Sed), 5(e), and 5(t). 6. (a) About May 3, 2013, T-Mobile, by Coach Louis Angel Castro, inside the working
-_ ...• - "-.
area of its Albuquerque call center, interrogated its employees about their union membership, sympathies, and activities. (b) About May 8,2013, T-Mobile, by Department Manager Cesar Gonzales, inside
the work area of its Albuquerque call center, discouraged employees' union activities by withholding the benefit of providing a "high five" gesture to employees who engaged in union activities or demonstrated their union sympathies.
About May 30, 2013, T-Mobile, by Manager Mark Cisneros, inside the work area
of its Albuquerque call center, discouraged employees' union activities by withholding the benefit of providing a "high five" gesture to employees who engaged in union activities demonstrated their union sympathies. (d) About May 30,2013, T-Mobile, by Bilingual Retention Coach Eliana Lugo,
inside the working area of its Albuquerque call center: (1) interrogated its employees about their union membership, sympathies, and
activities; and (2) threatened its employees with unspecified reprisals because they engaged
in union activities or demonstrated their union sympathies. (e) In September 2013, the precise date being unknown to the General Counsel, T-
Mobile, by Coach Lawrence Gonzales, inside the working area of its Albuquerque call center, interrogated its employees about their union membership, sympathies, and activities. (f) In October 2013, the precise date being unknown to the General Counsel, T-
Mobile, by Coach Roxanne Garza, inside the working area of its Albuquerque call center, interrogated its employees about their union membership, sympathies, and activities. 7.
About June 2, 2013, T-Mobile discharged its employee Josue Urrutia. About November 15,2013, T-Mobile suspended its employee Lynda Parrish. About November 20, 2013, 'I-Mobile discharged its employee Amber Diaz. T-Mobile engaged in the conduct described above in paragraphs 7(a) through
7(c), because the named employees ofT-Mobile assisted the Union and engaged in concerted activities and to discourage employees from engaging in these activities.
8. By the conduct described above in paragraphs 5 and 6, Respondent has been interfering with, restraining, and coercing employees in the exercise of the rights guaranteed in Section 7 of the Act in violation of Section 8(a)(1) of the Act.
By the conduct described above in paragraph 7, T-Mobile has been discriminating in regard to the hire or tenure or terms or conditions of employment of its employees, thereby discouraging membership in a labor organization in violation of Section 8(a)(1) and (3) of the Act. 10. The unfair labor practices of Respondent described above affect commerce within the meaning of Section 2(6) and (7) of the Act. As part of the remedy for Respondent's unfair labor practices alleged above in paragraph 5, the General Counsel seeks an Order requiring that Respondent on a nationwide basis at all of its facilities rescind and cease maintaining or enforcing the unlawful rules, policies,or requirements set forth in paragraph 5, and either: 1) furnish all current employees with inserts. for Respondent's employee handbooks and policies that (a) advise that the unlawful rules, policies, or requirementshave been res9inded,_OI (b) provide language of lawful rules, policies;
or requirements; or 2) publish and distribute revised handbooks and policies that (a) do not contain the unlawful rules, policies, or requirements; or (b) provide the language of lawful rules, policies, or requirements; post in all of Respondent's facilities on a nationwide basis, where Respondent's employee handbooks and policies, containing the rules,policies, or requirements
set forth in paragraph 5, have been distributed and maintained, a notice to employees regarding
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the unlawful rules, policies, or requirements alleged in paragraph 5; and remove from Respondent's intranet any of the rules, policies, or requirements described above in paragraph 5. The General Counsel further seeks all other relief as may be just and proper to remedy the unfair labor practices alleged.
ANSWER REQUIREMENT Respondent is notified that, pursuant to Sections 102.20 and 102.21 of the Board's Rules and Regulations, it must file an answer to the complaint. The answer must be received by this
office on or before April 14, 2014 or postmarked on or before April 12, 2014. Respondent should file an original and four copies of the answer with this office and serve a copy of the answer on each of the other parties. An answer may also be filed electronically electronically, go to www.n1rb.gov.click through the Agency's website. To file
on File Case Documents,
enter the NLRB Case
Number, and follow the detailed instructions. The responsibility for the receipt and usability of the answer rests exclusively upon the sender. Unless notification on the Agency's website
informs users that the Agency's E-Filing system is officially determined to be in technical failure because it is unable to receive documents for a continuous period of more than 2 hours after 12:00 noon (Eastern Time) on the due date for filing, a failure to timely file the answer will not be excused on the basis that the transmission could not be accomplished because the Agency's website was off-line or unavailable for some other reason. The Board's Rules and Regulations
require that an answer be signed by counsel or non-attorney representative for represented parties or by the party if not represented. See Section 102.21. If the answer being filed electronically is a pdf document containing the required signature, no paper copies of the answer need to be . transmitted to the Regional Office. However, if the electronic version of an answer to a
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complaint is not a pdf file containing the required signature, then the E-filing rules require that such answer containing the required signature continue to be submitted to the Regional Office by traditional means within three (3) business days after the date of electronic filing. Service of the answer on each of the other parties must still be accomplished by means allowed under the Board's Rules and Regulations. The answer may not be filed by facsimile transmission. If no answer is filed, or if an answer is filed untimely, the Board may find, pursuant to a Motion for Default Judgment, that the allegations in the complaint are true. NOTICE OF HEARING PLEASE TAKE NOTICE THAT on June 23, 2014, at 9:00 a.m. (local time), at the Second Judicial Court, 400 Lomas Blvd NW, Room 515, Albuquerque, New Mexico, and on consecutive days thereafter until concluded, a hearing will be conducted before an administrative law judge of the National Labor Relations Board. At the hearing, Respondent and any other party to this proceeding have the right to appear and present testimony regarding the allegations in this consolidated complaint. The procedures to be followed at the hearing are described in the attached Form NLRB-4668. The procedure to request a postponement ofthe hearing is
described in the attached Form NLRB-4338. Dated: March 31, 20,14
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(6-90) UNITED STATES GOVERNMENT NATIONAL LABOR RELATIONS BOARD
NOTICE Cases 28-CA-106758 28-CA-117479 14-CA-106906 and 02-CA-115949 The issuance of the notice of formal hearing in this case does not mean that the"matter cannot be disposed of by agreement of the parties. On the contrary, it is the policy of this office to encourage voluntary adjustments. The examiner or attorney assigned to the case will be pleased to receive and to act promptly upon your suggestions or comments to this end. An agreement between the parties, approved by the Regional Director, would serve to cancel the hearing. However, unless otherwise specifically ordered, the hearing will be held at the date, hour, and place indicated. Postponements will not be granted unless good and sufficient grounds are shown and the following requirements are met: (1) The request must be in writing. An original and two copies must be filed with the Regional Director when appropriate under 29 CFR 102.16(a) or with the Division of Judges when appropriate under 29 CFR 102.16(b). (2) Grounds must be set forth in detail; (3) Alternative dates for any rescheduled hearing must be given; (4) The positions of all other parties must be ascertained in advance by the requesting party and set forth in the request; and (5) Copies must be simultaneously served on all other parties (listed below), and that fact must be noted on the request. Except under the most extreme conditions, no request for postponement will be granted during the three days immediately preceding the date of hearing. METROPCS 1861 LEXINGTON AVENUE NEW YORK, NY 10029 COMMUNICATIONS WORKERS OF AMERlCA 80 PINE ST FL 37 NEW YORK, NY 10005-1728 COMMUNICATION WORKERS OF AMERICA 1330 E 1ST ST N., STE 105 WICHITA, KS 67214-4000
T-MOBILE USA, INC. 1201 MENAUL NE ALBUQUERQUE, NM 87107-1619
T-MOBILE USA, INC. 2525 N WOODLAWN BLVD. WICHITA, KS 67220-2700
COMMUNICATIONS WORKERS OF AMERICA, LOCAL 7011, AFL-CIO 1608 TRUMAN STREET SE ALBUQUERQUE, NM 87108-4536
ANDREW FISHER, Attorney T-MOBILE USA INC 12920 38TH STREET BELLEVUE, WA 98006-1350
RICHARD ROSENBLATT, Attorney STANLEY M. GOSCH, Attorney ROSENBLATT & GOSCH, PLLC 8085 E PRENTICE AVE GREENWOOD VILLAGE, CO 80111-2705 GLENDA L. PITTMAN, Attorney GLENDA PITTMAN & ASSOCIATES, P.C. 4807 SPICEWOOD SPRINGS RD., STE 1-1140 AUSTIN,TX 78759-8479 ATUL TALWAR, ESQ., Attorney COMMUNICA nON WORKERS OF AMERICA 350 SEVENTH AVENUE 18TH FLOOR NEW YORK, NY 10001 GABRIELLE SEMEL, District Counsel COMMUNICATION WORKERS OF AMERICA, DISTRICT 1 . LEGAL DEPARTMENT 350 SEVENTH AVENUE, 18TH FLOOR . NEW YORK, NY 10001-5013 ,
MARK THEODORE, Attorney PROSKAUER ROSE LLP 2049 CENTURYPARKEFL 32 LOS ANGELES, CA 90067-3101
ANDREW E.RICE, ESQ._ PROSKAUERROSE LLP 11 TIMES SQ NEW YORK, NY 10036-6600
Form NLRB-4668 (4-05)
SUMMARY OF STANDARD PROCEDURES IN FORMAL HEARINGS HELD BEFORE THE NATIONAL LABOR RELATIONS BOARD IN UNFAIR LABOR PRACTICE PROCEEDINGS PURSUANT TO SECTION 10 OF THE NATIONAL LABOR RELATIONS ACT
The hearing will be conducted by an administrative law judge ofthe National Labor Relations Board who will preside at the hearing as an independent, impartial finder of the facts and applicable law whose decision in due time will be served on the parties. The offices of the administrative law judges are located in Washington, DC; San Francisco, California; New York, N.Y.; and Atlanta, Georgia. . At the date, hour, and place for which the hearing is set, the administrative law judge, upon the joint request of the arties, will conduct a "prehearing" conference, prior to or shortly after the opening of the hearing, to ensure that the issues are harp and clearcut; or the administrative law judge may independently conduct such a conference. The adniinistrative law udge will preside at such conference, but may, ifthe occasion arises, permit the parties to engage in private discussions. The onference will not necessarily be recorded; but it may well be that the labors of the conference will be evinced in the ultimate record, for example, in the form of statements of position, stipulations, and concessions. Except under unusual circumstances, the administrative law judge conducting the prehearing conference will be the one who will conduct the hearing; and it is expected that the formal hearing will commence or be resumed immediately upon completion of the prehearing conference: No prejudice will result to any party unwilling to participate in or make stipulations or concessions during any prehearing conference. (This is not to be construed as preventing the parties from meeting earlier for similar purposes. To the contrary, the parties are
I ncouraged to meet prior to the time set for hearing in an effort to narrow the issues.)
Parties may be represented by an attorney or other representative and present evidence relevant to the issues. All parties appearing before this hearing who have or whose witnesses have handicaps falling within the provisions of Section 504 of the Rehabilitation Act of 1973, as amended, and 29 C.F.R. 100.603, and who in order to participate in this hearing need lappropriate auxiliary aids, as defined in 29 C.F.R. 100.603, should notify the Regional Director as soon as possible and request the necessary assistance. An official reporter will make the only official transcript of the proceedings, and all citations in briefs and arguments must refer to the official record. The Board will not certify any transcript other than the official transcript for use in any court litigation. Proposed corrections of the transcript should be submitted, either by way of stipulation or motion, to the administrative law judge for approval. All matter that is spoken in the hearing room while the hearing is in session will be recorded by the official reporter unless the administrative law judge specifically directs off-the-record discussion. In the event that any party wishes to make off-the-record statements, a request to go off the record should be directed to the administrative law judge and not to the official reporter. Statements of reasons in support of motions and objections should be specific and concise. The administrative law judge will allow an automatic exception to all adverse rulings and, upon appropriate order, an objection and exception will be permitted to stand to an entire line of questioning. All exhibits offered in evidence shall judge and other parties at the time the exhibits original is received, it. will be the responsibility judge before the close of hearing. In the event administrative law judge, any ruling receiving be in duplicate. Copies of exhibits should be supplied to the administrative law are offered in evidence. If a copy of any. exhibit is not available at the time the of the party offering such exhibit to submit the copy to the administrative law such copy is not submitted, and the filing has not been waived by the the exhibit may be rescinded and the exhibit rejected.
Any party shall be entitled, on request, to a reasonable period oftime at the close ofthe hearing for oral argument, which shall be included in the transcript of the hearing. In the absence of a request, the administrative law judge may ask for oral argument if, at the close of the hearing, it is believed that such argument would be beneficial to the understanding of the contentions of the parties and the factual issues involved. . . .
Form NLRB-46B8 (4-05) Continued
In the discretion of the administrative law judge, any party may, on request made before the close of the hearing, file a brief or proposed findings and conclusions, or both, with the administrative law judge who will fix the time for such filing. Any such filing submitted shall be double-spaced on 8 112 by 11 inch paper. Attention of the parties is called to the following requirements laid down in Section 102,42 of the Board's Rules and Regulations, with respect to the procedure to be followed before the proceeding is transferred to the Board: No request for an extension of time within which to submit briefs or proposed findings to the administrative law judge will be considered unless received by the Chief Administrative Law Judge in Washington, DC (or, in cases under the branch offices in San Francisco, ICalifo~ia;.New York, New York; and ~tla!1ta, Georgia, the Associate ~hief Administrative Law Judge) at least 3 days prior to e expiration of tune fixed for the submission of such documents. Nonce of request for such extension of time must be served simultaneously on all other parties, and proof of such service furnished to the Chief Administrative Law Judge or the Associate Chief Administrative La», Judge, as the case may be. A quicker response is assured if the moving party secures the positions of the other parties and includes such in the request. All briefs or proposed findings filed with the administrative law judge must be submitted in triplicate, and may be printed or otherwise legibly duplicated with service on the other parties. In due course the cause a copy thereof to be this case to itself, and will administrative law judge's administrative law judge will prepare and file with the Board a decision in this proceeding, and will served on each of the parties. Upon filing of this decision, the Board will enter an order transferring serve copies of that order, setting forth the date of such transfer, on all parties. At that point, the official connection with the case will cease.
The procedure to be followed before the Board from that point forward, with respect to the filing of exceptions to the administrative law judge's decision, the submission of supporting hriefs, requests fur oral argument before the Board, and related matters, is set forth in the Board's Rules and Regulations, particularly in Section 102.46 and following sections. A summary of the more pertinent of these provisions will be served on the parties together with the order transferring the case to the Board. Adjustments or settlements consistent with the policies of the National Labor Relations Act reduce government expenditures and promote amity in labor relations. If adjustment appears possible, the administrative law judge may suggest discussions between the parties or, on request, will afford reasonable opportunity during the hearing for such discussions.
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