Does the appeal letter address each and every argument made in the appeal?
When an appeal is denied, the appeal decision is to affirm and adopt the Regional Director’s determination of the material facts, the applicable law and rationale for finding that the evidence does not establish an unfair labor practice. Therefore, if the factual and legal issues have been correctly and sufficiently addressed by the Regional Director, the appeal determination letter does not restate this discussion. Rather, the appeal determination letter incorporates by reference the full discussion of the facts and the law as set forth in the Regional Director’s dismissal letter. Similarly, if the appeal establishes that one of the grounds for review has been met, the appeal determination letter does not discuss each and every argument presented in the appeal. In those cases, the appeal determination letter granting an appeal sets aside the Regional Director’s decision with a statement of the ground for granting the appeal and the future case processing action to be taken by the Regional Director.