January 2011 - National Labor Relations Board

10438 EXCEPTIONS, CROSS-EXCEPTIONS, BRIEFS SUPPORTING THE ADMINISTRATIVE LAWJUDGE’S DECISION AND REQUESTS FOR ORAL ARGUMENTand followed. The various filings described below may be filed by paper document orelectronically at the Agency’s website under “Board/Office of the Executive Secretary.”10438.1 Filing of Exceptions and Cross-ExceptionsAny party, including the General Counsel, may file written exceptions and a briefin support of those exceptions contending that a material part(s) of the AdministrativeLaw Judge’s decision and recommended order is erroneous and should not be adopted bythe Board. Cross-exceptions may be filed in response to another party’s exceptions byany party who has not previously filed exceptions; they are governed by the same rulesand format applicable to exceptions. Sec. 102.46(e), Rules and Regulations.If filed as a paper document, eight copies of the exceptions or cross-exceptionsand any brief in support must be filed with the Board. For filing and service of paperdocuments, see Secs. 11840 and 11846.5.Exceptions and cross-exceptions and any brief in support may also be filedelectronically at the Agency’s website. For electronic filing and service, see Secs. 11841and 11846.4.In all instances, a copy should be served on each of the parties, with proof ofservice furnished. See generally Secs. 102.24 and 102.46, Rules and Regulations. Forservice on represented parties of either paper filed or electronically filed documents, seeSecs. 102.69 and 11842.10438.2 Time for Filing Exceptions and Cross-ExceptionsExceptions must be filed within 28 days of service of the order transferring thecase to the Board, unless an extension of time is granted. Sec. 102.46(a), Rules andRegulations.Cross-exceptions must be filed within 14 days from the last date on whichexceptions and any supporting brief may be filed, unless an extension of time is granted.Sec. 102.46(e), Rules and Regulations.Secs. 102.111–102.114, Rules and Regulations govern time computations andother service and filing requirements for paper documents. Exceptions, cross-exceptions,briefs in support, and other briefs in this topic area filed as paper documents are acceptedas timely filed by the Board if they are “postmarked on the day before (or earlier than)the due date” or hand delivered to the Board on or before the closing time of thereceiving office on the due date. See particularly Sec. 102.111(b).Secs. 102.111–102.114, Rules and Regulations also govern time computationsand other service and filing requirements for electronically filed documents. Therequirements for the timely receipt of documents filed electronically with the Agency areset forth at Sec. 102.111(b), as modified by Sec. 102.114(i) and the instructions for E-Filing on the Agency’s website. Exceptions, cross-exceptions, briefs in support, andother briefs in this topic area filed electronically must be transmitted through theAgency’s website at http://www.nlrb.gov with receipt of the entire document beforemidnight (i.e., 11:59 p.m. Eastern time) on the due date. See Secs. 11841 and 11846.4.Revised 01/11