Fillable Nlrb-505, 2015, Statement Of Position Form printable pdf download

REVIEW THE FOLLOWING IMPORTANT INFORMATION

BEFORE FILLING OUT A STATEMENT OF POSITION FORM

Completing and Filing this Form:

The Notice of Hearing indicates which parties are responsible for

completing the form. If you are required to complete the form, you must

have it signed by an authorized

representative and file a completed copy (including all attachments) with the RD and serve copies on all

parties named in the petition by the date and time established for its submission. If more space is needed for

your answers, additional pages may be attached. If you have questions about this form or would like assistance

in filling out this form, please contact the Board agent assigned to handle this case. You may EFile your

Statement of Position at

, but

unlike other e-Filed documents, it will not be

timely if filed on the due date but after noon in the time zone of the Region where the petition was filed.

Note:

Non-employer parties who complete this Statement of Position are NOT required to

complete items 8f and 8g of the form, or to provide a commerce questionnaire or the lists

described in item 7. In RM cases, the employer is NOT required to complete items 3, 5, 6,

and 8a-8e of the form.

Required Lists: The employer's Statement of Position must include a list of the full names, work locations,

shifts, and job classifications of all individuals in the proposed unit as of the payroll period preceding the

filing of the petition who remain employed at the time of filing. If the employer contends that the proposed

unit is inappropriate, the employer must separately list the full names, work locations, shifts and job

classifications of all individuals that it contends must be added to the proposed unit to make it an appropriate

unit. The employer must also indicate those individuals, if any, whom it believes must be excluded from the

proposed unit to make it an appropriate unit. These lists must be alphabetized (overall or by department).

Unless the employer certifies that it does not possess the capacity to produce the lists in the required form, the

lists must be in a table in a Microsoft Word file (.doc or .docx) or a file that is compatible with Microsoft

Word, the first column of the table must begin with each employee’s last name, and the font size of the list

must be the equivalent of Times New Roman 10 or larger. That font does not need to be used but the font must

be that size or larger. A sample, optional form for the list is provided on the NLRB website at

what-we-do/conduct-elections/representation-case-rules-effective-april-14-2015

Consequences of Failure to Supply Information:

Failure to supply the information requested by this

form may preclude you from litigating issues under 102.66(d) of the Board's Rules and Regulations

Section 102.66(d) provides as follows:

A party shall be precluded from raising any issue, presenting any evidence relating to any issue,

crossexamining any witness concerning any issue, and presenting argument concerning any issue that the

party failed to raise in its timely Statement of Position or to place in dispute in response to another party’s

Statement of Position or response, except that no party shall be precluded from contesting or presenting

evidence relevant to the Board’s statutory jurisdiction to process the petition. Nor shall any party be

precluded, on the grounds that a voter’s eligibility or inclusion was not contested at the pre-election hearing,

from challenging the eligibility of any voter during the election. If a party contends that the proposed unit is

not appropriate in its Statement of Position but fails to specify the classifications, locations, or other

employee groupings that must be added to or excluded from the proposed unit to make it an appropriate

unit, the party shall also be precluded from raising any issue as to the appropriateness of the unit, presenting

any evidence relating to the appropriateness of the unit, cross-examining any witness concerning the

appropriateness of the unit, and presenting argument concerning the appropriateness of the unit. If the

employer fails to timely furnish the lists of employees described in §§102.63(b)(1)(iii), (b)(2)(iii), or (b)(3

(iii), the employer shall be precluded from contesting the appropriateness of the proposed unit at any time

and from contesting the eligibility or inclusion of any individuals at the preelection hearing, including by

presenting evidence or argument, or by cross-examination of witnesses.

Nlrb-505, 2015, Statement Of Position Form

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