January 2011 - National Labor Relations Board

11840 SERVICE AND FILING OF PAPER DOCUMENTS11840.3 Receipt of Paper Documents and Postmark RuleThe requirements for the timely receipt of documents, including representationpetitions and objections to elections, filed with the Agency are set forth in Sec.102.111(b), Rules and Regulations.(a) Timely Filing: The Board will accept as timely documents delivered to thereceiving office on or before the official closing time of the last day for filing. Alsoconsidered timely are those documents sent to the receiving office that are postmarked atleast 1 day prior to the due date. Documents received late that are postmarked on or afterthe due date are untimely.(b) Requests for Extension of Time: Requests for extension of time to file adocument must be received in the appropriate receiving office no later than the officialclosing time on the date the document is due. Such requests may also be filedelectronically at the appropriate office site on the Agency’s website and must be receivedbefore midnight (i.e., 11:59 p.m.) in the time zone of the receiving office on the date thedocument is due. Requests for extensions of time filed within 3 days of the due date“must be grounded on circumstances not reasonably foreseeable in advance.” See Sec.102.111(b), Rules and Regulations.(c) Late Filing: Sec. 102.111(c), Rules and Regulations permits a party to file amotion that briefs, answers, motions, and exceptions in ULP proceedings be filed afterthe filing date in the following limited circumstances:Upon good cause shown based on excusable neglect, andWhen no undue prejudice would resultThe party filing a motion for late filing must strictly adhere to the procedures setforth in Sec. 102.111(c), including submitting sworn affidavits by individuals withpersonal knowledge of the facts setting forth the extenuating circumstances.The Board will not permit late filing because of miscalculation of a filing date,inattentiveness or carelessness, absent a showing of extenuating circumstances. ElevatorConstructors Local 2 (Unitec Elevator Services Co.), 337 NLRB 426 (2002).11840.4 Receipt of Paper Documents―Exceptions to Postmark RuleSec. 102.111(b), Rules and Regulations lists four exceptions to the above ruleregarding postmarked documents. Accordingly, to be timely the following documentsmust be delivered to the receiving office on or before the official closing time of the lastday for filing:Revised 01/11