The National Labor Relations Board recently announced three changes to its e-filing program designed to simplify and encourage electronic filings:
The Board and the General Counsel will now accept electronic filings up to 11:59 p.m. local time at the receiving office on the due date.
The Board and the General Counsel will now require parties who e-file documents to serve the documents on other parties to the case by e-mail whenever possible.
The Board and the General Counsel will no longer require parties to provide physical copies of long documents that they file electronically.
These changes apply to the Board, Offices of the General Counsel (including Regional Offices), and the Division of Judges.
The new e-filing procedures were prompted by feedback from users dealing with the Agency. As e-filing became a more widely accepted method of filing documents with the Board, there was an increase in late filings (i.e. after close of business at the receiving office). Some parties sought to file close to the deadline and then experienced technical problems accessing the Board’s e-filing system on its website (www.nlrb.gov). Other
parties wrongly presumed that the Board, like many Federal courts, allowed electronic filings until midnight on the due date.
By accepting documents filed electronically up to 11:59 p.m., the Board expects fewer late filings. When e-filing under the new extended deadline, Local Unions and organizers should be aware that a technical failure by the Board’s e-filing system may excuse a late filing, but problems on the side of the end user will not. Examples of end user problems include trouble with telephone lines, the user’s Internet service provider, hardware and software, users failing to understand or follow e-filing instructions, or rejection of the transmission because the document contains a virus. E-filers are encouraged to file early and follow the e-filing instructions on the Board’s website carefully to ensure timely receipt of the e-filed documents.
The e-filing deadline change does not affect documents filed by other means, such as by U.S. mail, personal service, or fax. Documents filed by these non-electronic means will continue to be subject to the Board’s present rule, which sets the deadline for filing at the close of business of the receiving office on the due date. For the Board and General Counsel offices in Washington, D.C., the close of business is 5:00 p.m. Eastern Time.
The Board will now require that service of e-filed documents on other parties to a proceeding be made by e-mail whenever possible. This will eliminate the cost and inconvenience to users of the Board’s prior expedited service requirements for e-filed documents. If service by e-mail is not possible, the e-filing party must call the other party to notify them of the substance of the e-filed document and then serve a copy of the document, no later than the next day, by personal service, by overnight delivery service, or, with permission of the party receiving the document, by facsimile transmission.
The new e-filing policy and conditions are found in the instructions for e-filing with the
Board’s Office of the Executive Secretary, the General Counsel’s Offices in Washington, the Regional Offices, and the Division of Judges on the Board’s website at
http://mynlrb.nlrb.gov/efile.
In addition, e-filing frequently asked questions can be found at http://mynlrb.nlrb.gov/efilingfaq.