CASE PROCESSING PROCEDURES; EVIDENCE – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements

Single Topic for Decision 2617E

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The Board held the ALJ properly refused to consider documents attached to the charging party’s post-hearing closing brief which were offered in support of her claim that two of respondent’s witnesses testified untruthfully at the hearing. Because she never requested a hearing transcript, the Board had no formal record of their testimony to review and no basis to question the ALJ’s findings of fact based on the witnesses’ testimony. (p. 3.) Nor did charging party explain why she did not introduce the documents, which existed at the time of the hearing, before the evidentiary record closed. Thus, her effort to attack the witnesses’ credibility after they were no longer subject to examination by the employer was inappropriate. (p. 4.)