NLRB Adopts Mandatory E-Filing Policy

Washington, DC, October 22, 2019 – 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.

On February 24, 2017, the National Labor Relations Board made certain procedural amendments to Part 102 of its Rules and Regulations. These changes, which became effective March 6, 2017, included a provision requiring the e-filing of documents before the Board. Today’s memorandum completes the implementation of that provision.

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.

The new requirements do not apply to the filing of unfair labor practice charges or petitions in representation proceedings. Parties in such cases are encouraged to use the Agency’s e-filing system to file charges and petitions, but may continue to use regular mail, personal delivery, and/or facsimile to file and serve the documents.

While the e-filing requirement will be effective immediately, there will be a 90-day grace period. During the grace period, these documents will continue to be accepted when filed through means other than the e-filing system, including e-mail, fax or hand delivery.

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees and employers from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year.

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