I was informed in a virtual-anonymous e-mail, see below, that I made an error. The “judge” as it were in this quasi-judicial hearing was Field Examiner Christopher Lee and not Regional Director Barker. It is ironic that I hadÂ noted in my original post that attorneys who cross-examine witnesses should be identified. I will add that witnesses under subpoena should be provided either by signage or introduction the name of the NLRB Hearing Officer. I did not see such signage or did not notice one. I regret the error and corrected the original.
From: A doxos
Sent: Fri 7/8/2011 3:10 PM
To: Kirstein, Peter N.
Subject: Your blog on SXU adjunct organizing
“I was reading your blog today, particularly the June 15th entry regarding the NLRB hearing in which you participated, and wanted to correct what may be an important detail. The hearing officer was Field Examiner Christopher Lee, a designee of Regional Director Joseph Barker. Regional Directors do not preside over hearings, nor do they act as hearing officers. Practically, this is so the Regional Director can issue his or her decision based on a “cold” record, one without extraneous influence (e.g., witnesses’ demeanors, off-the-record conversations, etc.). Pre-election hearings are non-adversarial, do not involve credibility resolutions of witnesses’ credibility and are based on the weight of the evidence.”