Impact Analysis Program Modifications

OFFICE OF THE GENERAL COUNSEL

TO: All Regional Directors, Officers-in-Charge, and Resident Officers

FROM: Leonard R. Page, General Counsel

SUBJECT: Impact Analysis Program Modifications

The Impact Analysis Committee recently reviewed the status of Impact Analysis in light of the field's experience under the

system and our improved budgetary circumstances. The committee was guided by the underlying principle of Impact Analysis,

which is to ensure that our resources continue to be focused on resolving cases with the greatest public impact. In addition, the

Committee recognized that reducing the number of cases in the Regions' inventory of situations pending preliminary

investigation is a matter of concern to the Administration, Congress and the public and, accordingly, remains one of the

Agency's most important priorities.1

A review of Regional Office performance under Impact Analysis demonstrates that substantial improvement has been made in

timely processing cases over the past few years. At the end of FY 1997, the first full year cases were processed pursuant to

Impact Analysis principles, the national cumulative percentage of unexcused overage cases was 18.3, 30.1 and 22.5 for

Categories 3, 2 and 1, respectively. As of April 2000, the cumulative percentages for FY 2000 had been reduced to 10.5, 14.9

and 13.1, respectively. Moreover, our case intake has decreased over the past two years from 39,618 to 36,657 to 33,392 cases

in Fiscal Years 1997 through 1999, respectively. Our case intake for the current fiscal year is, to date, approximately the same

as last fiscal year. Our field FTE in Fiscal Years 1997 through 1999 was 1341.1, 1299.6 and 1259, respectively. The estimated

field FTE for FY 2000, however, is approximately 1335 and the field FTE should increase this fiscal year.

In view of the above, I concur with the committee's recommendation regarding the reduction of time goals for Category 2 and

1 cases filed on or after October 1, 2000

as last fiscal year. Our field FTE in Fiscal Years 1997 through 1999 was 1341.1, 1299.6 and 1259, respectively. The estimated

field FTE for FY 2000, however, is approximately 1335 and the field FTE should increase this fiscal year.

In view of the above, I concur with the committee's recommendation regarding the reduction of time goals for Category 2 and

1 cases filed on or after October 1, 2000. Thus, Category 2 cases, which currently have a time goal of 11 weeks, will have a 9

week time goal for disposition. Category 1 cases, instead of a 15 week time frame, will have a goal of 12 weeks. Category 3

cases will retain their 7 week goal. The current allowable overage percentages of 10, 15 and 15 percent for Categories 3, 2 and

1, respectively, remain unaltered for FY 2001. In agreement with the committee, I believe that the modifications in the time

goals will have the desired result of reducing the case inventory and are capable of being achieved by most Regional Offices.

I have also adopted the committee's recommendation that certain Section 8(a)(1) and (3) discrimination cases involving a loss

of employment and a refusal to refer for employment, which are currently included in the Investigative Stage as Category 2,

should be upgraded in the Litigation Stage to Category 3 upon merit determination.2 (Please note that such cases should

continue to be categorized as 2 for the Investigative Stage). Given the lengthy trial calendar in many Regions, moving such

merit cases to Litigation Stage Category 3 on the trial calendar is a meaningful effort to assist those employees whom we have

determined to have suffered greatly as a result of exercising rights protected by the Act. Not all meritorious Section 8(a)(1) and

h cases should

continue to be categorized as 2 for the Investigative Stage). Given the lengthy trial calendar in many Regions, moving such

merit cases to Litigation Stage Category 3 on the trial calendar is a meaningful effort to assist those employees whom we have

determined to have suffered greatly as a result of exercising rights protected by the Act. Not all meritorious Section 8(a)(1) and

(3) loss of employment and refusal to refer cases, however, are worthy of such recategorization. For example, "salting" refusal

to hire cases,3 as well as cases where the alleged discriminatees have been reinstated or do not desire reinstatement, should not

be upgraded.

As suggested when Impact Analysis was initially established, we will continue to reassess the appropriate time frames and

other components of Impact Analysis based upon our experience under the system, as well as staffing, training and other

resources. If you have any questions concerning this memorandum, please contact your AGC or Deputy.

/s/

L. R. P.

cc: NLRBU

MEMORANDUM GC 00-06

August 10, 2000

Page 1 of 2

GC Memo 00-06 - Impact Analysis Program Modifications

4/11/2011

file://D:\Program Files\Documentum\CTS\docbases\NLRB\config\temp_sessions\5246207667073444527\gc00-0...

MEMORANDUM GC 00-06

1 Other factors considered by the committee were the increased emphasis over the past several years in considering Section 10(j) in appropriate cases and on compliance issues, as well as

more expeditious processing of R cases. It was also recognized that, although we have substantially increased our FTE this year, these newly hired employees are not fully trained so as to be

able to handle the full panoply of cases.

2 Section 8(a)(4) cases are already recategorized to category 3 upon merit determination.

3 The alleged discriminatees in such cases do not normally suffer economic or emotional consequences as great as traditional discriminatees

that, although we have substantially increased our FTE this year, these newly hired employees are not fully trained so as to be

able to handle the full panoply of cases.

2 Section 8(a)(4) cases are already recategorized to category 3 upon merit determination.

3 The alleged discriminatees in such cases do not normally suffer economic or emotional consequences as great as traditional discriminatees.

Page 2 of 2

GC Memo 00-06 - Impact Analysis Program Modifications

4/11/2011

file://D:\Program Files\Documentum\CTS\docbases\NLRB\config\temp_sessions\5246207667073444527\gc00-0...