FLRA Issues New e-Filing Regulations

By on May 6, 2012 in Current Events with 4 Comments

I’m passing on this write up from one of the Agency Labor Relations Directors concerning FLRA’s new regulations on electronic filing.

In Friday’s (May 4, 2012) Federal Register, the Federal Labor Relations Authority announced that, beginning June 4, 2012, parties will be able to e-file in a number of proceedings before the Authority using the Authority’s e-Filing system.

Highlights of the changes include:

Unfair Labor Practices (ULPs)

  • Exceptions to ALJ decisions and oppositions and cross exceptions to exceptions of ALJ decisions can be filed using the Authority’s e-Filing system.
  • The charging party may serve the charge on the other party by email, but only if the charged party has agreed to e-mail service
  • Table of contents are needed for documents exceeding 10 double-spaced pages.

Negotiability Appeals

  • Petitions for review, statements of positions, responses and replies can be filed electronically with uploaded documents using the Authority’s e-Filing system.
  • Copies of forms are available on the Authority’s web site
  • Other parties may be served by e-mail if they agree to such service

Arbitration Award Exceptions

  • Arbitration exceptions and oppositions can be filed electronically with uploaded documents using the Authority’s e-Filing system
  • Other parties may be served by e-mail if they agree to such service
  • Copies of forms are available on the Authority’s web site

Miscellaneous and General Requirements

  • Very detailed explanation of how to calculate the due date of filings.
  • When filing a response to a document that has been served by more than one method of service, the first method of service is controlling for purposes of determining the due date.  However, the five additional days for receipt of first-class mail or commercial delivery is not applicable if the party is also served by any other method than first-class mail or commercial delivery on the same day.
  • A filing party does not get the extra five days for mailing when filing an application for review of a Regional Director’s decision in 5 CFR 2422.31.
  • Documents filed using the Authority’s e-Filing system can be filed any calendar day – including Saturdays, Sundays or federal legal holidays.
  • Documents filed through the Authority’s e-Filing system are considered filed on a particular day if submitted by midnight Eastern Time of that day.
  • Documents electronically filed with the Authority may not be filed by email, but must be filed using the Authority’s e-Filing system.

The eleven documents now allowed to be e-Filed are:

  1. Applications for review under 2422.31 (Representation proceedings)
  2. Oppositions to applications for review under 2422.31
  3. Exceptions to ALJ decisions (ULPs)
  4. Oppositions to exceptions to ALJ decisions
  5. Cross-exceptions
  6. Exclusive Representatives’ petitions for review under 2424.22 (Negotiability cases)
  7. Agency Statement of Positions (Negotiability cases)
  8. Union Responses (Negotiability cases)
  9. Agency Replies (Negotiability cases)
  10. Exception to Arbitrator’s award
  11. Opposition to Arbitrator’s awards

Other Information, Requirements

  • Documents uploaded as attachments must be legible
  • E-filed documents must contain the filer’s mailing address, email address and telephone number, but not his/her signature
  • Parties may serve each other by e-mail but only if the other party agrees to such service.
  • When served by email, the date of the filing is the date the documents were transmitted.

If you have comments regarding the regulation, you can send them to engagetheflra@flra.gov.

Thanks to the Agency LR person who put this well written report together.  Since there are no opinions of mine involved, you don’t get the disclaimer this article.

© 2016 Bob Gilson. All rights reserved. This article may not be reproduced without express written consent from Bob Gilson.

Tags:

About the Author

Bob Gilson is a consultant with a specialty in working with and training Federal agencies to resolve employee problems at all levels. A retired agency labor and employee relations director, Bob has authored or co-authored a number of books dealing with Federal issues and also conducts training seminars.

Top