Reliant Energy

National Labor Relations Board - Board Decisions

May 22, 2003

339 N.L.R.B. 66 (N.L.R.B. 2003)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 66
Reliant Energy aka Etiwanda, LLC and Utility Work-
ers of America, AFL–CIO. Cases 31–CA–25155
and 31–RC–8023
May 22, 2003
SUPPLEMENTAL ORDER
BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN
AND SCHAUMBER
The issue presented is whether the Board should allow
the Respondent to file a supplemental brief in a pending
case, based on a recent decision by a United States court
of appeals. We deny the Respondent’s motion, but be-
cause this issue arises often we have further decided to
clarify our current practice.
Hereafter, we will permit parties in unfair labor prac-
tice cases and in representation cases to call to the
Board’s attention pertinent and significant authorities
that come to a party’s attention after the party’s brief has
been filed. A party may promptly advise the Executive
Secretary by letter, with a copy to all other parties. The
letter should set forth the case citations and state the rea-
sons for them, and refer to the pages, paragraphs, and
lines of the brief to which the citations apply. The body
of the letter must not exceed 350 words. The other par-
ties may file a similarly limited response. That response
must be filed in unfair labor practice cases no later than
14 days, and in representation cases no later than 7 days,
after service of the letter, and no extensions will be
granted to file the response.
This procedure is modeled after Rule 28(j) of the Fed-
eral Rules of Appellate Procedure.1 By adopting this
procedure, we do not suggest that, in appropriate situa-
tions, the Board no longer will grant special leave for
supplemental briefs. Nor does it in any way affect the
Board’s discretion to solicit the filing of supplemental
briefs, sua sponte, for any reason it deems appropriate.
The Respondent may resubmit its citation of additional
authority in conformity with this order. We deny the
Respondent’s motion to file a supplemental brief. We
see no circumstances to warrant “special leave” to file
such a brief. See Section 102.46 of the Board’s Rules.

1 Rule 28(j): Citation of Supplemental Authorities. If pertinent and
significant authorities come to a party’s attention after the party’s brief
has been filed—or after oral argument but before decision—a party
may promptly advise the circuit clerk by letter, with a copy to all other
parties, setting forth the citations. The letter must state the reasons for
the supplemental citations, referring either to the page of the brief or to
a point argued orally. The body of the letter must not exceed 350
words. Any response must be made promptly and must be similarly
limited.

339 NLRB No. 13