[Federal Register Volume 74, Number 19 (Friday, January 30, 2009)]
[Rules and Regulations]
[Pages 5618-5620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1832]


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NATIONAL LABOR RELATIONS BOARD

29 CFR Part 102


Revisions of Regulations Concerning Procedures for Electronic 
Filing

AGENCY: National Labor Relations Board.

ACTION: Final rule.

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SUMMARY: The Board is amending regulations concerning the procedures 
for filing documents with the Agency

[[Page 5619]]

electronically. The revisions provide that when the document being 
filed electronically is required to be served on another party to the 
proceeding, the other party shall be served by electronic mail (e-
mail), if possible. If electronic service is not possible, the other 
party shall be notified by telephone of the substance of the 
transmitted document and a copy of the document shall be served 
personally, or by registered mail, certified mail, regular mail, or 
private delivery service, or, with the consent of the other party, by 
facsimile transmission.

DATES: January 30, 2009.

FOR FURTHER INFORMATION CONTACT: Lester A. Heltzer, Executive 
Secretary, 202-273-1067.

SUPPLEMENTARY INFORMATION:
    Current regulation: Section 102.114 provides that the Agency's Web 
site (http://www.nlrb.gov) contains certain forms that parties or other 
persons are permitted to file with the Agency electronically. Parties 
or other persons choosing to utilize those forms to file documents 
electronically are permitted to do so by following the instructions 
described on the Web site, notwithstanding any contrary provisions 
elsewhere in these rules. In the event the document being filed 
electronically is required to be served on another party to a 
proceeding, the other party shall be notified by telephone of the 
substance of the transmitted document and a copy of the document shall 
be served by personal service no later than the next day, by overnight 
delivery service, or, with the permission of the party receiving the 
document, by facsimile transmission.
    Proposed revision: The Board first began e-Filing as a pilot 
project in 2003. Since that time the scope of e-Filing has been 
expanded significantly, and more than 12,000 documents have been filed 
electronically with the Board and its Regional Offices. During that 
same time period it has become clear that the use of e-mail has become 
a well established method of transacting business by both the 
Government and the public it serves. Accordingly, in August 2008 the 
Board initiated another pilot project to test the ability of the Agency 
to issue decisions electronically and serve the parties via e-mail.
    In addition, when the e-Filing project first began, the Board 
adapted the expedited service requirements applicable to filings by 
personal service and required documents filed electronically to be 
served on other parties by overnight delivery service. As e-Filing has 
become an accepted method of filing documents with the Agency, it has 
become increasingly clear that these expedited service requirements 
impose a substantial cost on all parties and are a significant 
impediment to greater use of e-Filing. Also, these expedited service 
requirements are inconsistent with the practices adopted by the Federal 
Court system for its e-Filing procedures.
    Based upon the success of the e-Filing and the e-Issuance/e-Service 
projects, and in an effort to align Board procedures more closely with 
those of the Federal Court system, the Board has now decided to allow 
parties to serve documents upon each other electronically, using e-
mail, and to eliminate the expedited service requirements that have 
proven to be an unnecessary burden. Given the widely accepted use of e-
mail as a tool of business communication, allowing electronic service 
via e-mail will address the concerns that led the Board to adopt the 
original expedited service requirements. In those limited circumstances 
where electronic service is not possible, the Board is of the view that 
notification by telephone, followed by service by traditional means, 
will provide adequate notice of the filing and protect the rights of 
the parties.

Administrative Procedure Act

    Because the change involves rules of agency organization, procedure 
or practice, the Agency is not required to publish it for comment under 
Section 553 of the Administrative Procedure Act (5 U.S.C. 553).

Regulatory Flexibility Act

    Because no notice of proposed rule-making is required for 
procedural rules, the requirements of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) pertaining to regulatory flexibility analysis do 
not apply to these rules. However, even if the Regulatory Flexibility 
Act were to apply, the NLRB certifies that these changes will not have 
a significant economic impact on small business entities since the 
changes do not impose any additional economic cost.

Small Business Regulatory Enforcement Fairness Act

    Because the rule relates to Agency procedure and practice and 
merely modifies the agency's existing filing procedures, the Board has 
determined that the Congressional review provisions of the Small 
Business Regulatory Enforcement Fairness Act (5 U.S.C. 801) do not 
apply.

Paperwork Reduction Act

    This part does not impose any reporting or recordkeeping 
requirements under the Paperwork Reduction Act of 1995.

Lists of Subjects in 29 CFR Part 102

    Administrative practice and procedure, Labor management relations.

0
For the reasons set forth above, the NLRB is amending 29 CFR Chapter I, 
Part 102, as follows:

PART 102--RULES AND REGULATIONS SERIES 8

0
1. The authority citation for part 102 continues to read as follows:

    Authority: Section 6, National Labor Relations Act, as amended 
(29 U.S.C. 151, 156). Section 102.117(c) also issued under Section 
552(a)(4)(A) of the Freedom of Information Act, as amended (5 U.S.C. 
552(a)(4)(A)). Sections 102.143 through 102.155 also issued under 
Section 504(c)(1) of the Equal Access to Justice Act, as amended (5 
U.S.C. 504(c)(1)).


0
2. In Sec.  102.114 revise paragraphs (a) and (i) to read as follows:
    (a) Service of documents by a party on other parties may be made 
personally, or by registered mail, certified mail, regular mail, 
electronic mail (if the document was filed electronically) or private 
delivery service. Service of documents by a party on other parties by 
any other means, including facsimile transmission, is permitted only 
with the consent of the party being served. Unless otherwise specified 
elsewhere in these rules, service on all parties shall be made in the 
same manner as that utilized in filing the document with the Board, or 
in a more expeditious manner; however, when filing with the Board is 
done by hand, the other parties shall be promptly notified of such 
action by telephone, followed by service of a copy in a manner designed 
to insure receipt by them by the close of the next business day. The 
provisions of this section apply to the General Counsel after a 
complaint has issued, just as they do to any other party, except to the 
extent that the provisions of Sec. Sec.  102.113(a) or 102.113(c) 
provide otherwise.
* * * * *
    (i) The Agency's Web site (http://www.nlrb.gov) contains certain 
forms that parties or other persons are permitted to file with the 
Agency electronically. Parties or other persons choosing to utilize 
those forms to file documents electronically are permitted to do so by 
following the instructions described on the Web site, notwithstanding 
any contrary provisions elsewhere in these rules. In the event the 
document being filed electronically is required to be served on another 
party to a proceeding, the

[[Page 5620]]

other party shall be served by electronic mail (e-mail), if possible. 
If the other party does not have the ability to receive electronic 
service, the other party shall be notified by telephone of the 
substance of the transmitted document and a copy of the document shall 
be served by personal service no later than the next day, by overnight 
delivery service, or, with the permission of the party receiving the 
document, by facsimile transmission.

    Dated: Washington, DC, January 23, 2009.

    By Direction of the Board.
Lester A. Heltzer,
Executive Secretary.
 [FR Doc. E9-1832 Filed 1-29-09; 8:45 am]
BILLING CODE 7545-01-P