January 2011 - National Labor Relations Board

10122 DISMISSALS/APPEALStimely filed if the transmission of the entire document through theAgency’s website is accomplished no later than 11:59 p.m. Eastern timeon the due date. A failure to timely file an appeal electronically will notbe excused on the basis of a claim that the receiving machine was offlineor unavailable, the sending machine malfunctioned, or for any otherelectronic-related reason, absent a determination of technical failure ofthe site, with notice of such posted on the website.If you mail the appeal or send it by delivery service, it must bereceived by the General Counsel in Washington, D.C., by the close ofbusiness at 5 p.m. Eastern time or be postmarked no later than [1 daybefore the due date set forth above].Extension of Time to File Appeal: Upon good cause shown, theGeneral Counsel may grant you an extension of time to file the appeal.A request for an extension of time may be filed electronically, by fax, bymail, or by delivery service. To file electronically, go to www.nlrb.gov,click on E-GOV, select E-FILING, and follow the detailed instructions.The fax number is (202) 273-4283. A request for an extension of time tofile an appeal must be received on or before the original appeal duedate. A request for an extension of time that is mailed or given to thedelivery service and is postmarked or delivered to the service before theappeal due date but received after the appeal due date will be rejectedas untimely. Unless filed electronically, a copy of any request forextension of time should be sent to me.Confidentiality/Privilege: Please be advised that we cannot acceptany limitations on the use of any appeal statement or evidence insupport thereof provided to the Agency. Thus, any claim ofconfidentiality or privilege cannot be honored, except as provided bythe FOIA, 5 U.S.C. 552, and any appeal statement may be subject todiscretionary disclosure to a party upon request during the processingof the appeal. In the event the appeal is sustained, any statement ormaterial submitted may be subject to introduction as evidence at anyhearing that may be held before an administrative law judge. Becausewe are required by the Federal Records Act to keep copies of documentsused in our case handling for some period of years after a case closes,we may be required by the FOIA to disclose such records upon request,absent some applicable exemption such as those that protectconfidential sources, commercial/financial information or personalRevised 01/11