The National Labor Relations Board (NLRB) recently issued a notice that it is making electronic filing mandatory for most types of filings in cases pending before the agency. The Board has been working towards this objective since February 2017, and this follows the trend we are seeing in most legal forums across the country.
The NLRB’s notice specifically states:
“The Office of the General Counsel has issued Memorandum GC 20-01, announcing a new policy requiring that all affidavits, correspondence, position statements, documentary or other evidence in connection with unfair labor practice or representation cases processed in Regional offices be submitted through the Agency’s electronic filing (e-filing) system … Electronic filing provides a streamlined procedure to automatically store documents received by the Agency. Use of this automatic electronic filing system will ensure both the integrity and accuracy of Regional office case files. This system will also reduce the time and effort expended by Regional office employees in scanning or otherwise ensuring that documents were properly placed in the appropriate electronic case file. The automated filing process allows Agency employees to devote more time to substantive case-handling matters, in furtherance of the Board’s strategic goals to reduce case processing time.”
In addition to potentially furthering the agency’s efficiency goals, there are two practical aspects of this decision. While the e-filing requirement will be effective immediately, there is a 90-day grace period during which documents will continue to be accepted by the Board through more traditional channels. It’s also notable that the e-filing requirements do not apply to the filing of unfair labor practice charges or petitions in representation proceedings. For such matters, regular mail, personal delivery, or fax still suffice.
Anyone handling matters before the NLRB should be cognizant of this new requirement.