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    NLRB/Nintendo + Aston Carter

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    Polygondotcom
    The document outlines policies and procedures for an NLRB investigation into an unfair labor practice charge filed against Aston Carter - Nintendo of America. It provides contact information for the investigating field attorney and their supervisor. It explains the right to representation, encourages full cooperation with the investigation by providing evidence and witnesses, and notes documents and electronic records must be preserved. Correspondence and evidence must be filed electronically on the NLRB website.

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    © All Rights Reserved
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    NLRB/Nintendo + Aston Carter

    Uploaded by

    Polygondotcom
    10K views9 pages
    The document outlines policies and procedures for an NLRB investigation into an unfair labor practice charge filed against Aston Carter - Nintendo of America. It provides contact information for the investigating field attorney and their supervisor. It explains the right to representation, encourages full cooperation with the investigation by providing evidence and witnesses, and notes documents and electronic records must be preserved. Correspondence and evidence must be filed electronically on the NLRB website.

    Original Description:

    NLRB/Nintendo + Aston Carter

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    The document outlines policies and procedures for an NLRB investigation into an unfair labor practice charge filed against Aston Carter - Nintendo of America. It provides contact information for the investigating field attorney and their supervisor. It explains the right to representation, encourages full cooperation with the investigation by providing evidence and witnesses, and notes documents and electronic records must be preserved. Correspondence and evidence must be filed electronically on the NLRB website.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    10K views9 pages

    NLRB/Nintendo + Aston Carter

    Uploaded by

    Polygondotcom
    The document outlines policies and procedures for an NLRB investigation into an unfair labor practice charge filed against Aston Carter - Nintendo of America. It provides contact information for the investigating field attorney and their supervisor. It explains the right to representation, encourages full cooperation with the investigation by providing evidence and witnesses, and notes documents and electronic records must be preserved. Correspondence and evidence must be filed electronically on the NLRB website.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    At a glance
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    The key takeaways are that the NLRB prohibits recording affidavit interviews, requires documents to be submitted electronically in native format if possible, and requests parties to preserve all potential evidence related to the case.

    The policy is that the NLRB prohibits affiants from recording interviews conducted by Board agents when subscribing to affidavits, as recordings may compromise the confidentiality of the affidavit or integrity of the investigation.

    Documents must be submitted through the NLRB website and in native electronic format if possible. If not possible, documents should be submitted in a machine-readable format that retains essential functionality. Parties should contact the investigating agent with any questions.

    Aston Carter - Nintendo of America -2-

    Case 19-CA-294207

    Prohibition on Recording Affidavit Interviews: It is the policy of the General Counsel to


    prohibit affiants from recording the interview conducted by Board agents when subscribing Agency
    affidavits. Such recordings may impede the Agency’s ability to safeguard the confidentiality of the
    affidavit itself, protect the privacy of the affiant and potentially compromise the integrity of the Region’s
    investigation.

    Correspondence: All documents submitted to the Region regarding your case MUST be filed
    through the Agency’s website, www.nlrb.gov. This includes all formal pleadings, briefs, as well as
    affidavits, documentary evidence, and position statements. The Agency requests all evidence submitted
    electronically to be in the form it is normally used and maintained in the course of business (i.e., native
    format). Where evidence submitted electronically is not in native format, it should be submitted in a
    manner that retains the essential functionality of the native format (i.e., in a machine-readable and
    searchable electronic format).

    If you have questions about the submission of evidence or expect to deliver a large quantity of
    electronic records, please promptly contact the Board agent investigating the charge. If you cannot e-file
    your documents, you must provide a statement explaining why you do not have access to the means for
    filing electronically or why filing electronically would impose an undue burden.

    In addition, this Region will be issuing case-related correspondence and documents, including
    complaints, compliance specifications, dismissal letters, deferral letters, and withdrawal letters,
    electronically to the email address you provide. Please ensure that you receive important case-related
    correspondence, please ensure that the Board Agent assigned to your case has your preferred email
    address. These steps will ensure that you receive correspondence faster and at a significantly lower cost
    to the taxpayer. If there is some reason you are unable to receive correspondence via email, please
    contact the agent assigned to your case to discuss the circumstances that prevent you from using email.

    Information about the Agency, the procedures we follow in unfair labor practice cases and our
    customer service standards is available on our website, www.nlrb.gov or from an NLRB office upon your
    request. NLRB Form 4541, Investigative Procedures offers information that is helpful to parties involved
    in an investigation of an unfair labor practice charge.

    We can provide assistance for persons with limited English proficiency or disability. Please let us
    know if you or any of your witnesses would like such assistance.

    Very truly yours,

    Daniel N. Nelson
    Regional Director
    UNITED STATES GOVERNMENT
    NATIONAL LABOR RELATIONS BOARD
    REGION 13
    Dirksen Federal Building Agency Website: www.nlrb.gov Download
    219 South Dearborn Street, Suite 808 Telephone: (312)353-7570 NLRB
    Chicago, IL 60604-2027 Fax: (312)886-1341 Mobile App

    April 18, 2022

    Aston Carter - Nintendo of America


    4900 150th Ave NE
    Redmond, WA 98052

    Re: Aston Carter - Nintendo of America


    Case 19-CA-294207

    Dear Sir or Madam:

    Enclosed is a copy of a charge that has been filed in this case. This letter tells you how to
    contact the Board agent who will be investigating the charge, explains your right to be
    represented, discusses presenting your evidence, and provides a brief explanation of our
    procedures, including how to submit documents to the NLRB.

    Investigator: This charge is being investigated by Field Attorney Emily O'Neill whose
    telephone number is (312)353-7610. If this Board agent is not available, you may contact
    Supervisory Field Examiner Paul Prokop whose telephone number is (312)353-7171.

    Right to Representation: You have the right to be represented by an attorney or other


    representative in any proceeding before us. If you choose to be represented, your representative
    must notify us in writing of this fact as soon as possible by completing Form NLRB-4701, Notice
    of Appearance. This form is available on our website, www.nlrb.gov, or from an NLRB office
    upon your request.

    If you are contacted by someone about representing you in this case, please be assured
    that no organization or person seeking your business has any "inside knowledge" or favored
    relationship with the National Labor Relations Board. Their knowledge regarding this
    proceeding was only obtained through access to information that must be made available to any
    member of the public under the Freedom of Information Act.

    Presentation of Your Evidence: We seek prompt resolutions of labor


    disputes. Therefore, I urge you or your representative to submit a complete written account of
    the facts and a statement of your position with respect to the allegations set forth in the charge as
    soon as possible. If the Board agent later asks for more evidence, I strongly urge you or your
    representative to cooperate fully by promptly presenting all evidence relevant to the
    investigation. In this way, the case can be fully investigated more quickly.

    Full and complete cooperation includes providing witnesses to give sworn affidavits to a
    Board agent, and providing all relevant documentary evidence requested by the Board
    agent. Sending us your written account of the facts and a statement of your position is not
    Aston Carter - Nintendo of America -2-
    Case 19-CA-294207

    enough to be considered full and complete cooperation. A refusal to fully cooperate during the
    investigation might cause a case to be litigated unnecessarily.

    In addition, either you or your representative must complete the enclosed Commerce
    Questionnaire to enable us to determine whether the NLRB has jurisdiction over this dispute. If
    you recently submitted this information in another case, or if you need assistance completing the
    form, please contact the Board agent.

    We will not honor requests to limit our use of position statements or evidence.
    Specifically, any material you submit may be introduced as evidence at a hearing before an
    administrative law judge regardless of claims of confidentiality. However, certain evidence
    produced at a hearing may be protected from public disclosure by demonstrated claims of
    confidentiality.

    Further, the Freedom of Information Act may require that we disclose position statements
    or evidence in closed cases upon request, unless an exemption applies, such as those protecting
    confidential financial information or personal privacy interests.

    Preservation of all Potential Evidence: Please be mindful of your obligation to


    preserve all relevant documents and electronically stored information (ESI) in this case, and to
    take all steps necessary to avoid the inadvertent loss of information in your possession, custody
    or control. Relevant information includes, but is not limited to, paper documents and all ESI
    (e.g. SMS text messages, electronic documents, emails, and any data created by proprietary
    software tools) related to the above-captioned case.

    Prohibition on Recording Affidavit Interviews: It is the policy of the General Counsel


    to prohibit affiants from recording the interview conducted by Board agents when subscribing
    Agency affidavits. Such recordings may impede the Agency’s ability to safeguard the
    confidentiality of the affidavit itself, protect the privacy of the affiant and potentially
    compromise the integrity of the Region’s investigation.

    Correspondence: All documents submitted to the Region regarding your case MUST be
    filed through the Agency’s website, www.nlrb.gov. This includes all formal pleadings, briefs, as
    well as affidavits, documentary evidence, and position statements. The Agency requests all
    evidence submitted electronically to be in the form it is normally used and maintained in the
    course of business (i.e., native format). Where evidence submitted electronically is not in native
    format, it should be submitted in a manner that retains the essential functionality of the native
    format (i.e., in a machine-readable and searchable electronic format).

    If you have questions about the submission of evidence or expect to deliver a large
    quantity of electronic records, please promptly contact the Board agent investigating the charge.
    If you cannot e-file your documents, you must provide a statement explaining why you do not
    have access to the means for filing electronically or why filing electronically would impose an
    undue burden.
    Aston Carter - Nintendo of America -3-
    Case 19-CA-294207

    In addition, this Region will be issuing case-related correspondence and documents,


    including complaints, compliance specifications, dismissal letters, deferral letters, and
    withdrawal letters, electronically to the email address you provide. Please ensure that you
    receive important case-related correspondence, please ensure that the Board Agent assigned to
    your case has your preferred email address. These steps will ensure that you receive
    correspondence faster and at a significantly lower cost to the taxpayer. If there is some reason
    you are unable to receive correspondence via email, please contact the agent assigned to your
    case to discuss the circumstances that prevent you from using email.

    Information about the Agency, the procedures we follow in unfair labor practice cases
    and our customer service standards is available on our website, www.nlrb.gov or from an NLRB
    office upon your request. NLRB Form 4541, Investigative Procedures offers information that is
    helpful to parties involved in an investigation of an unfair labor practice charge.

    We can provide assistance for persons with limited English proficiency or disability.
    Please let us know if you or any of your witnesses would like such assistance.

    Very truly yours,

    Daniel N. Nelson
    Regional Director

    Enclosures:
    1. Copy of Charge
    2. Commerce Questionnaire
    UNITED STATES OF AMERICA

    BEFORE THE NATIONAL LABOR RELATIONS BOARD

    ASTON CARTER - NINTENDO OF AMERICA

    Charged Party

    and
    Case 19-CA-294207
    (b) (6), (b) (7)(C)
    Charging Party

    AFFIDAVIT OF SERVICE OF CHARGE AGAINST EMPLOYER

    I, the undersigned employee of the National Labor Relations Board, state under oath that on
    April 18, 2022, I served the above-entitled document(s) by post-paid regular mail upon the
    following persons, addressed to them at the following addresses:

    Aston Carter - Nintendo of America


    4900 150th Ave NE
    Redmond, WA 98052

    April 18, 2022 Dennis Snook, Designated Agent of NLRB


    Date Name

    /s/ Annie La
    Signature

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