UNITED STATES OF AMERICABEFORE THE NATIONAL LABOR RELATIONS BOARD

REGION 14

T-MOBILE USA, INe.

and Cases 28-CA-I067S828-CA-117479

COMMUNICATION WORKERS OF AMERICA,LOCAL 7011, AFL-CIO

andCase 14-CA-106906

COMMUNICATION WORKERS OF AMERICA

METROPCS, COMMUNICATIONS, INC

andCase 2-CA-115949

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-CA-

106758, 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 T-

Mobile 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.

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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 industry.

(b) 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.

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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 ViolaCesar GonzalezHolly ChapinCesar OrtizMark CisnerosBilly CohnElianaLugoLouis Angel CastroElda De leonYesinia FloresEli Orozco

. Roxanne GarzaLawrence GonzalesDavid VegaElda de LeonKelten HudzikJonathan PersoniusLarissa Johnson

General ManagerDepartment ManagerRetention ManagerRetention ManagerManagerTeam ManagerBilingual Retention CoachCoachCoachCoachCoachCoachCoachCoachCoachCoachCoachHuman Resources (HR.) Specialist

(b) 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 PertogolaSean Gallegos

Senior RepresentativeSenior Representative

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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 itsU.S. based affiliates and subsidiaries. This Handbook is a confidential andproprietary Company document, and must not be disclosed to or used by any thirdparty 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 allegingnoncompliance with policies or legal requirements. The Company may alsoinvestigate suspected employee misconduct, threats of violence or unsafe conduct

- and allegations of other improper activity.

Employees must fully cooperate in internal investigations, including providingcomplete, truthful and accurate information and written statements upon request.An employee's refusal to cooperate in any investigation may result in forfeiture ofgood standing, and/or may result in additional performance improvement actionup to and including dismissal. To ensure the integrity of investigations,employees must maintain the confidentiality of the names of the employeesinvolved in the investigations, whether as complainants, subjects or witnesses.Conduct that interferes with, undermines, impedes or is otherwise detrimental toany 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 overly-

broad and discriminatory power-point slide presentation on confidentiality that restricts

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, '.

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 thatEmployee will be given access to certain confidential, secret andproprietary information and materials owned by Employer or whichrelate to Employer's Business, including but not limited to, allinformation not generally known to the public that relates to thebusiness, technology, subscribers, finances, plans, proposals, or practicesof Employer, and it includes, without limitation, the identity of all actualand prospective subscribers and customers, customer lists, files and allinformation relating to individual customers and subscribers, includingtheir address and phone numbers, all business plans and proposals; allmarketing plans and proposals, all technical plans and proposals, allresearch and development, all budgets, wage and salary information, andprojections, all non-public financial information, information onsuppliers, and information on all persons for whom Employer performsservices or to whom Employer makes sales during the course ofEmployer's business, and all other information Employer designates as"confidential" (hereafter the "Confidential Information"). Employer andEmployee each acknowledge and agree that all Confidential Informationshall be considered trade secrets of Employer and shall be entitled to all.protections given by law to trade secrets. Confidential Information shallapply 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:

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Confidentiality and Information Security

.We must ensure that the operations, activities, and business affairs of theCompany and our customers are kept confidential to the greatest possibleextent. Because of your work for us, you may have access to confidentialinformation that belongs to the Company or to its customers. Confidentialinformation includes private or proprietary business, technical, or tradesecret information. It also includes certain employee and customerinformation, such as social security numbers, addresses and telephonenumbers, and credit and bank account information.

The policy against disclosure of confidential information is a broad one, andincludes intentional and inadvertent disclosure. It also prohibits makingunauthorized public statements or disclosures that are based on, or rely on,Company confidential information, regardless of the venue in which thestatements are made (e.g., to a friend, in a chat room, on a website, or on ablog). Employees, officers, and directors may not access or review any .confidential employee or customer information, including account andcontact information, without a business need to do so and without priorauthorization from the employee, customer, or a manager. If you acquireconfidential information about T-Mobile, its business, its employees, or itscustomers, the information must be handled in strict confidence and is notto 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, withoutlimitation, the following:

Do not use or reveal any confidential information that belongs to theCompany or any of its customers, employees, vendors, or contractors exceptas required in the course ofT-Mobile's business and only to the extent yourjob duties require that you do so-Have a signed nondisclosure agreement approved by the Legal Departmentin 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 otherCompany employees) who does not have a valid T-Mobile business need toknow the information. This includes revealing confidential informationabout the Company's future plans to people who might use that informationfor their own personal profit or benefit-Comply with the confidentiality agreement that you signed at the time ofyour hire and any subsequent confidentiality agreements.

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(f) 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 anenvironment that does not allow conduct that may violate laws and/or T-Mobile's policies (which are often more strict than the law) prohibitingcertain forms of discrimination, harassment and retaliation, and that I amresponsible for helping to maintain such an environment. I understand andacknowledge that this responsibility includes the following:-I will not engage in conduct that violates the law and/or T-Mobile'spolicies, including those set forth in the Code of Conduct.-It is not always possible for the Company to be aware of all of the conductof concern to its employees.I must report any conduct that I believe is improper under T-Mobile'sWage-and-HourlTirnekeeping, Equal Employment Opportunity, non-discrimination, non-harassment, non-retaliation and other policies to mymanagement team, another appropriate supervisor or manager and/or aHuman Resources representative.I must cooperate and participate in any investigation conducted by theCompany 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.

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(c) 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 01:

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.(a)

(b)

(c)

(d) 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

About November 15,2013, T-Mobile suspended its employee Lynda Parrish.

About November 20, 2013, 'I-Mobile discharged its employee Amber Diaz.

activities and to discourage employees from engaging in these activities.

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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.

9.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 through the Agency's website. To file

electronically, go to www.n1rb.gov.click 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

Attachments

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FORMNLRB 4338(6-90)

UNITED STATES GOVERNMENTNATIONAL LABOR RELATIONS BOARD

NOTICE

Cases 28-CA-10675828-CA-11747914-CA-106906

and 02-CA-115949

The issuance of the notice of formal hearing in this case does not mean that the"mattercannot be disposed of by agreement of the parties. On the contrary, it is the policy of this officeto encourage voluntary adjustments. The examiner or attorney assigned to the case will bepleased 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 tocancel the hearing. However, unless otherwise specifically ordered, the hearing will be held atthe date, hour, and place indicated. Postponements will not be granted unless good andsufficient 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 theRegional Director when appropriate under 29 CFR 102.16(a) or with the Division ofJudges 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 requestingparty and set forth in the request; and

(5) Copies must be simultaneously served on all other parties (listed below), and that factmust be noted on the request.

Except under the most extreme conditions, no request for postponement will be granted duringthe three days immediately preceding the date of hearing.

METROPCS1861 LEXINGTON AVENUENEW YORK, NY 10029

T-MOBILE USA, INC.1201 MENAUL NEALBUQUERQUE, NM 87107-1619

COMMUNICATIONS WORKERS OFAMERlCA80 PINE ST FL 37NEW YORK, NY 10005-1728

COMMUNICATION WORKERS OFAMERICA1330 E 1ST ST N., STE 105WICHITA, KS 67214-4000

T-MOBILE USA, INC.2525 N WOODLAWN BLVD.WICHITA, KS 67220-2700

COMMUNICATIONS WORKERS OFAMERICA, LOCAL 7011, AFL-CIO1608 TRUMAN STREET SEALBUQUERQUE, NM 87108-4536

ANDREW FISHER, AttorneyT-MOBILE USA INC12920 38TH STREETBELLEVUE, WA 98006-1350

RICHARD ROSENBLATT, AttorneySTANLEY M. GOSCH, AttorneyROSENBLATT & GOSCH, PLLC8085 E PRENTICE AVEGREENWOOD VILLAGE, CO 80111-2705

MARK THEODORE, AttorneyPROSKAUER ROSE LLP2049 CENTURYPARKEFL 32LOS ANGELES, CA 90067-3101

GLENDA L. PITTMAN, AttorneyGLENDA PITTMAN& ASSOCIATES, P.C.4807 SPICEWOOD SPRINGS RD.,STE 1-1140AUSTIN,TX 78759-8479

ANDREW E.RICE, ESQ._PROSKAUERROSE LLP11 TIMES SQNEW YORK, NY 10036-6600

ATUL TALWAR, ESQ., AttorneyCOMMUNICA nONWORKERS OF AMERICA350 SEVENTH AVENUE18TH FLOORNEW YORK, NY 10001

GABRIELLE SEMEL, District CounselCOMMUNICATION WORKERS OFAMERICA, DISTRICT 1 -

. LEGAL DEPARTMENT350 SEVENTH AVENUE, 18TH FLOOR

. NEW YORK, NY 10001-5013, .

Form NLRB-4668(4-05)

SUMMARY OF STANDARD PROCEDURES IN FORMAL HEARINGS HELDBEFORE THE NATIONAL LABOR RELATIONS BOARD

IN UNFAIR LABOR PRACTICE PROCEEDINGS PURSUANT TOSECTION 10 OF THE NATIONAL LABOR RELATIONS ACT

The hearing will be conducted by an administrative law judge ofthe National Labor Relations Board who will presideat the hearing as an independent, impartial finder of the facts and applicable law whose decision in due time will be served onthe 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 thearties, will conduct a "prehearing" conference, prior to or shortly after the opening of the hearing, to ensure that the issues areharp and clearcut; or the administrative law judge may independently conduct such a conference. The adniinistrative lawudge will preside at such conference, but may, ifthe occasion arises, permit the parties to engage in private discussions. Theonference 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 isexpected that the formal hearing will commence or be resumed immediately upon completion of the prehearing conference: Noprejudice will result to any party unwilling to participate in or make stipulations or concessions during any prehearingconference.

(This is not to be construed as preventing the parties from meeting earlier for similar purposes. To the contrary, the parties areI 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. Allparties appearing before this hearing who have or whose witnesses have handicaps falling within the provisions of Section 504of the Rehabilitation Act of 1973, as amended, and 29 C.F.R. 100.603, and who in order to participate in this hearing needlappropriate auxiliary aids, as defined in 29 C.F.R. 100.603, should notify the Regional Director as soon as possible and requestthe necessary assistance.

An official reporter will make the only official transcript of the proceedings, and all citations in briefs and argumentsmust refer to the official record. The Board will not certify any transcript other than the official transcript for use in any courtlitigation. Proposed corrections of the transcript should be submitted, either by way of stipulation or motion, to theadministrative 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 reporterunless the administrative law judge specifically directs off-the-record discussion. In the event that any party wishes to makeoff-the-record statements, a request to go off the record should be directed to the administrative law judge and not to theofficial reporter.

Statements of reasons in support of motions and objections should be specific and concise. The administrative lawjudge will allow an automatic exception to all adverse rulings and, upon appropriate order, an objection and exception will bepermitted to stand to an entire line of questioning.

All exhibits offered in evidence shall be in duplicate. Copies of exhibits should be supplied to the administrative lawjudge and other parties at the time the exhibits are offered in evidence. If a copy of any. exhibit is not available at the time theoriginal is received, it.will be the responsibility of the party offering such exhibit to submit the copy to the administrative lawjudge before the close of hearing. In the event such copy is not submitted, and the filing has not been waived by theadministrative law judge, any ruling receiving 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 shallbe included in the transcript of the hearing. In the absence of a request, the administrative law judge may ask for oral argumentif, at the close of the hearing, it is believed that such argument would be beneficial to the understanding of the contentions ofthe parties and the factual issues involved. . . .

(OVER)

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 abrief or proposed findings and conclusions, or both, with the administrative law judge who will fix the time for such filing. Anysuch filing submitted shall be double-spaced on 8 112by 11 inch paper.

Attention of the parties is called to the following requirements laid down in Section 102,42 of the Board's Rules andRegulations, with respect to the procedure to be followed before the proceeding is transferred to the Board: No request for anextension of time within which to submit briefs or proposed findings to the administrative law judge will be considered unlessreceived 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 toe 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 AssociateChief Administrative La, Judge, as the case may be. A quicker response is assured if the moving party secures the positionsof the other parties and includes such in the request. All briefs or proposed findings filed with the administrative law judgemust be submitted in triplicate, and may be printed or otherwise legibly duplicated with service on the other parties.

In due course the administrative law judge will prepare and file with the Board a decision in this proceeding, and willcause a copy thereof to be served on each of the parties. Upon filing of this decision, the Board will enter an order transferringthis case to itself, and will serve copies of that order, setting forth the date of such transfer, on all parties. At that point, theadministrative law judge's 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 theadministrative law judge's decision, the submission of supporting hriefs, requests fur oral argument before the Board, andrelated matters, is set forth in the Board's Rules and Regulations, particularly in Section 102.46 and following sections. Asummary of the more pertinent of these provisions will be served on the parties together with the order transferring the case tothe Board.

Adjustments or settlements consistent with the policies of the National Labor Relations Act reduce governmentexpenditures and promote amity in labor relations. If adjustment appears possible, the administrative law judge may suggestdiscussions between the parties or, on request, will afford reasonable opportunity during the hearing for such discussions.