Region 10 Perspective
Volume 8, No. 3	Winter 2015 to 2016

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In this Issue:

Chip's Corner: The Final R-Case Rule — Initial Results and Review

Nancy Wilson Promoted to Regional Director in Pittsburgh

Region 10 has a New Assistant to the Regional Director — Meet Terry Combs

Meike Ziegler Promoted to Supervisory Examiner

Three's a Charm: Winston-Salem Happily Welcomes Three New Attorneys

Joe Webb Joins the Birmingham Resident Office as a Field Attorney

Field Attorney Katie Miller says Goodbye to Peoria and Hello to Nashville

Significant Settlements

Board and Judge's Decisions for Region 10

Certifications of Representatives Issued Since April 1, 2015

E-Filing

 

Chip's Corner

The Final R-Case Rule --- Initial Results and Review!

On December 15, 2014, the National Labor Relations Board published in the Federal Register its Final Rule amending its representation-case procedures.  The Final Rule went into effect on April 14, 2015.  However, lawsuits challenging the Board’s adoption of the Final Rule are pending in two federal district courts.

What has been the effect of the rules since April 14?

Under the new rules, elections are currently being held on average 20-25 days from the filing of the petition compared to a 38-day median time prior to implementation of the new rules.

A review of the rules:  

While the Final Rule changes some aspects of our representation case processing, the basic process is unchanged.  We still work with the parties to enter into an election agreement so a pre-election hearing does not need to be held.  And elections are conducted in the same manner as before the Final Rule. 

A Guidance Memorandum discussing the new R-Case procedures, as well as a comparison of current and new R-Case procedures can also be found on the NLRB website at http://www.nlrb.gov/what-we-do/conduct-elections/representation-case-rules-effective-april-14-2015.  Some of the significant changes for RC, RD, and RM cases include the following:

With Respect to Filing a Petition:

• Petition forms in RC, RD, and RM cases will include Petitioner’s position on the type, date, time, and place of the election sought and the Petitioner’s designated representative for service of documents.
• The Petitioner must serve the employer and all parties named in the petition with a copy of the petition, a blank Statement of Position form, and a copy of the Description of Procedures in R cases.
• The Petitioner may file the petition by E-Filing (through the Agency’s website at http://www.nlrb.gov), by facsimile, by mail, or in person at one of the NLRB’s field offices.
• When filed, the petition must be accompanied by the showing of interest in support of the petition and a certificate of service. The showing of interest may now be E-Filed or faxed, but originals must be provided to the Region within 2 business days of the filing of the petition. 
• When filed, the petition must also be accompanied by a Certificate of Service showing service by Petitioner on all parties named in the petition of a copy of the Petition, a blank Statement of Position form, and a copy of the Description of Procedures in R-Cases. An optional Certificate of Service form is available for this purpose. 

With Respect to Initial Processing of a Petition:

• The NLRB will send the Employer a Notice of Hearing and a Notice of Petition for Election. Within two business days of service of the Notice of Hearing, the Employer must post the Notice of Petition for Election in all places where notices to employees are customarily posted.  The Employer must also distribute the Notice of Petition for Election electronically if the Employer customarily communicates with employees in the unit electronically.  Failure to post or distribute the Notice may be grounds for setting aside an election whenever proper and timely objections are filed.
• The NLRB generally will schedule the pre-election hearing for a date eight days after service of the Notice of Hearing (excluding intervening holidays) or the next business day thereafter if the eighth day falls on a weekend or Federal holiday. The hearing may be postponed up to two business days upon request of a party showing special circumstances or more than two business days upon request of a party showing extraordinary circumstances.
• A completed Statement of Position form must be filed and served by the Employer such that is received by the other parties and the Regional Director by the date and time specified in the Notice of Hearing, which will generally be at noon of the business day before the pre-election hearing is set to open.
• The Statement of Position solicits information that will facilitate entry into election agreements or streamline the pre-election hearing if the parties are unable to enter into an election agreement. It will include:

1. A completed commerce questionnaire.
2. Whether the Employer agrees the proposed unit is appropriate and if not, the basis for its contention that the proposed unit is not appropriate and the classifications, locations, or other employee groupings that must be added to or excluded from the proposed unit to make it an appropriate unit.
3. Any individuals whose voting eligibility the Employer intends to contest at the pre-election hearing and the basis of each such contention.
4. Any election bar asserted by the Employer.
5. Other issues the Employer intends to raise at the pre-election hearing.
6. The Employer’s position on election details: type of election, date(s), time(s), location(s), payroll period information, and eligibility period.
7. Contact information for the Employer’s authorized representative.
8. An alphabetized list containing the full names, work locations, shifts, and job classifications of all employees in the petitioned-for unit. Unless the Employer certifies that it does not have the capacity to produce the list in the required format, the list must be in a table in a Microsoft Word file (.doc or docx) or a file that is compatible with Microsoft Word.  The first column of the table must begin with each employee’s last name and the list must be alphabetized (overall or by department) by last name.  The font size of the list must be the equivalent of Times New Roman 10 or larger.  That font does not need to be used, but the font must be that size or larger.  A sample, optional form for the list is provided on the NLRB website at www.nlrb.gov/what-we-do/conduct-elections.
9. If the Employer claims the petitioned-for unit is not appropriate, it must also provide the full names, work locations, shifts and job classifications of all individuals the Employer claims must be added to the unit to make it an appropriate unit. The Employer must also indicate those individuals, if any, whom it believes must be excluded from the petitioned-for unit to make it an appropriate unit.

If the Employer fails to timely furnish the list(s) of employees, the Employer will be precluded from contesting the appropriateness of the proposed unit at any time and from contesting the eligibility or inclusion of any individuals at the pre-election hearing.

With Respect to Pre-Election Hearings:

• The purpose of the hearing is to determine if a question of representation exists. Although an appropriate unit must always be established, disputes concerning individuals’ eligibility to vote or inclusion in an appropriate unit ordinarily need not be litigated or resolved before an election is conducted.  The Regional Director has discretion to defer litigation of individual eligibility or inclusion issues until after the election, if necessary.
• At the hearing, the Statement of Position is received into evidence and all other parties will respond on the record to each issue raised in the Statement of Position before introduction of further evidence. A party generally will be precluded from raising any issue, presenting evidence relating to any issue, cross-examining any witness concerning any issue, and presenting argument concerning any issue that the party failed to raise in its timely Statement of Position or to place in dispute in response to another party’s Statement of Position or response.
• At the hearing, the Hearing Officer will solicit the parties’ positions on the type, date(s), time(s), and location(s) of the election; the eligibility period; and the need for foreign language ballots or notices. The Hearing Officer will also solicit the name, address, email address, facsimile number, and phone number of the employer’s on-site representative to whom the Region should transmit the Notice of Election if the Regional Director directs an election.  The Regional Director will inform the parties of their obligations if an election is directed and the time for complying with such obligations.
• Parties are entitled to oral argument but are not allowed to file post-hearing briefs unless the Regional Director grants special permission.

With Respect to a Direction of Election:

• If the Regional Director directs an election, the Decision and Direction of Election will ordinarily specify the type, date(s), time(s), and location(s) of the election and the eligibility period.
• The Region will send the Direction and Notice of Election to the parties and their representatives by email, facsimile, or by overnight mail (if neither an email address nor facsimile number was provided).
• The Regional Director will schedule the election for the earliest date practicable consistent with the Rules.
• Parties may file a request for review at any time following the decision until 14 days after a final disposition of the proceeding by the Regional Director. A party can file before the election or wait until after the election to see if the election results moot an appeal. There will no longer be a 25-day waiting period to allow the Board to rule on a request for review.
• A party may request from the Board a stay of election, expedited consideration, or the impounding and/or segregation of some or all of the ballots, which will only be granted upon a clear showing that it is necessary under the particular circumstances of the case.

With Respect to an Election:

• An alphabetized voter list must be received by the Regional Director and the parties within two business days after approval of the election agreement or issuance of the Decision and Direction of Election unless a longer time was specified in the agreement or in the Decision and Direction of Election.
• The voter list must contain the eligible voters’ full names, work locations, shifts, job classifications, and contact information (including home addresses, available personal email addresses, and available home and personal cell phone numbers). Unless the Employer certifies that it does not have the capacity to produce the list in the required format or the parties agree to a different format, the list must be provided in a table in a Microsoft Word file (.doc or docx) or a file that is compatible with Microsoft Word (.doc or docx).  The first column of the list must begin with each employee’s last name and the list must be alphabetized (overall or by department) by last name.  Because the list will be used during the election, the font size of the list must be the equivalent of Times New Roman 10 or larger.  That font does not need to be used, but the font must be that size or larger.  A sample, optional form for the list is provided on the NLRB website at nlrb.gov/what-we-do/conduct-elections. 
• The voter list must also include (in a separate section) the same information for those individuals who will be permitted to vote subject to challenge based on the parties’ agreement or the direction of election.
• The Notice of Election will ordinarily be transmitted with the D&DE or sent promptly after the election agreement is approved. The Employer must post the Notice for at least three full working days (excluding Saturdays, Sundays, and holidays) prior 12:01 am on the day of the election and must also distribute it electronically if it customarily communicates with the employees in the unit electronically.
• A party can generally challenge someone for good cause at the election whose eligibility was not contested at the hearing.

With Respect to Objections and Post-Election Hearings:

• Objections must contain a short statement of the reasons for the objections and be accompanied by a written offer of proof. However, the Regional Director may extend the time for filing the offer of proof upon request of a party showing good cause. The party filing the objections, must serve the objections, including the short statement of the reasons therefor, but not the offer of proof, on the other parties. 
• A hearing on objections or determinative challenges will be scheduled to open 21 days after the preparation of the tally of ballots or as soon as practicable thereafter, unless parties agree to an earlier date.
• Exceptions to the Hearing Officer Report must be filed with the Regional Director.
• Except in consent election agreement cases, all Regional Director post-election decisions will be subject to discretionary review by the Board.

For more information about the Final Rule, please visit http://www.nlrb.gov/news-outreach/fact-sheets/nlrb-representation-case-procedures-fact-sheet.

Nancy Wilson Promoted to Regional Director in Pittsburgh

Assistant to the Regional Director Nancy Wilson bid adieu to Region 10 and Subregion 11, when she became Regional Director for the NLRB’s Region 6 in Pittsburgh, Pennsylvania on March 22, 2015.  Nancy, a native of New Jersey, began her career as Field Examiner in Region 22 (Newark, New Jersey) in 1987, after earning her master’s degree in industrial relations from Rutgers University.  Nancy remained in Newark, until 2004, when she transferred to then-Region 11 in Winston-Salem.  She quickly rose through the ranks, becoming Supervisory Examiner in 2006 and, following a lengthy stint as Acting ARD, she was promoted to ARD for Region 10 in 2012 when Region 11 became a Subregion to Region 10.  While ARD in Region 10, Nancy had a hands-on approach to the work and was directly responsible for the oversight of all representation cases and compliance work in the Region, as well as overall case processing in the Birmingham and Nashville Resident Offices.  

Nancy and her husband Russ, a semi-retired dog obedience trainer, have three sons:  Sean is completing a master’s degree in Business Analytics at Catholic University; Conor is finishing his junior year at Catholic University where he plays on the tennis team; and Kevin is now a sixth grader who enjoys playing on an AAU basketball team. 

Nancy was an asset to Region 10 and will be missed.  Subregion 11 will especially miss Nancy, as she faithfully contributed fruits or vegetables to the often greasy, sugar-laden menu at office potlucks.

(In the picture from Nancy's swearing in are, from left, NLRB Chairman Mark Gaston Pearce, Regional Director Wilson, Board Member Philip A. Miscimarra, and General Counsel Richard F. Griffin Jr.)

 

New Faces & Promotions In Region 10 and Subregion 11

Region 10 has a New Assistant to the Regional Director —  Meet Terry Combs!

Or rather, re-introduce yourself to Terry Combs.  Terry re-joined Region 10 as Assistant to the Regional Director on September 21.  Terry works from the Regional Office in Atlanta.  In his role as “ARD,” Terry is responsible for representation cases and compliance.  Terry also manages the Region’s Resident Offices in Nashville and Birmingham, although Officer in Charge Scott C. Thompson will continue to review merit cases from Nashville and manage that office’s litigation from his office in Winston-Salem.

Terry grew up in the industrial Midwestern town of Middletown, Ohio, which is located halfway between Cincinnati and Dayton.  Both of his parents and the majority of his extended family came from, or still reside in, Bluefield, Virginia.

 He served in the U.S. Coast Guard from 1988 to 1990. After the Coast Guard, Terry worked at United Parcel Service for about a year where he was a member of the Teamsters.  He then worked in two paper mills, where he was a member of the United Paperworkers International Union.  He served in various local union positions while a member of the Paperworkers.  Although work in the paper mills was shift work, seven days a week, Terry managed to go to college while continuing his shift work and earned an undergraduate degree from Miami University of Ohio and later, a master’s degree in Labor Employment Relations from the University of Cincinnati.

 Terry started his NLRB career in 1997 as a Field Examiner in Region 25, Indianapolis.  In 2000, he transferred to Region 9, Cincinnati.  Terry did his first stint in Region 10, Atlanta, initially as Supervisory Field Examiner and later, as ARD. He transferred to sunny Tampa in 2012 but missed Atlanta.  So, in September 2015, Terry returned to Region 10, succeeding Nancy Wilson, the Region’s ARD until her appointment as Regional Director for Region 6, Pittsburgh, in April 2015.

 Terry is an amateur historian of the American Revolutionary War.  Before he moved to Tampa, he would regularly visit Williamsburg and Yorktown, Virginia, as well as some national park battlefields.  He also visited Jefferson, Madison, and Monroe’s historical homes in the Charlottesville, Virginia, area.  His favorite historical figures are Nathanael Greene and Daniel Morgan, who led the Southern Campaign which led to the climax in Yorktown.  To the chagrin of some his Atlanta colleagues (go Falcons!), Terry is a Cincinnati Bengals football fan.  However, he is less likely to take ribbing from his Atlanta colleagues during basketball season, since he is at least an Atlanta Hawks fan.  (Whether he is sincerely so, or solely as a compromise remains to be seen.) Terry and his wife currently have three shelter dogs.  They are committed to adopting their pets from animal shelters and, one time, they had five shelter dogs and two shelter cats.  They also regularly travel to Charleston, South Carolina, which is their favorite city and where they hope to retire.

Meike Ziegler Promoted to Supervisory Field Examiner!

In April 2015, Field Examiner Meike Ziegler became Supervisory Field Examiner.  She supervises a team of Board Agents in the Region's Atlanta office.

Meike was born in Brazil.  She grew up in Michigan and has lived in Texas, Oregon, and, for a brief period, Chile, South America.  She received a Bachelor of Arts degree in Social Sciences and a Master's degree in Human Resources and Labor Relations from Michigan State University.  Meike learned she loved NLRB work after she worked as a co-op in the Chicago office, and she began working full time in the Fort Worth, Texas, office in 2003.  She left the NLRB to pursue experience in Human Resources, but realized she missed the work and soon returned to the Fort Worth office in 2010.  It was at that office that Meike met her husband, Field Examiner Zach Long.  She and Zach transferred to the Atlanta office in 2014.  In her spare time, Meike enjoys spending time with Zach and their 19-month old daughter, Lucia, who lights up their lives (they also have three dogs at home).  They enjoy exploring the Atlanta area and traveling but finds traveling more challenging with a little one.  Meike would love to visit Japan one day.

Three's a Charm: Winston-Salem Happily Welcomes Three New Field Attorneys!  

Field Attorneys Jordan Wolfe, John Evans, and Brenna Caballero (left to right, respectively, in the picture), joined Subregion 11’s staff in June 2015.

Field Attorney Brenna Caballero was born in Miami and has spent most of her life in Florida.  She was awarded a double Bachelor of Arts degrees, one in Communications, and the other in Sports Management from Florida State University.  She received her JD degree from Florida Coastal School of Law, and received pro bono honors because of her volunteer work for legal aid societies during law school.  Just prior to coming to the Subregion, Brenna resided in West Palm Beach for two years.  She joined the Subregion because of her strong interest in public service and her desire to make a difference in a positive way in the labor-employment arena.  Brenna joins her fiancé who is a first-yearI internal Medicine resident at Wake Forest Baptist Medical Center.   Brenna enjoys the diversity in the office and is pleasantly surprised by how friendly people are in Winston-Salem.  In her free time, Brenna is an avid FSU football fan and a novice gardener.  An interesting factoid about Brenna is that her eyes change from green to blue so she finds it difficult to answer the standard “what color are your eyes” question.  She recently traveled to Madrid, Barcelona, and Sevilla, Spain, a particularly memorable trip, because she got engaged.  Her dream destination is Italy.

Field Attorney John Evans was born in Somerset, Kentucky.  He received a Bachelor of Arts degree in Political Science from the University of Kentucky, in Lexington.  He graduated cum laude from Elon University in Greensboro, North Carolina, and was an editor of the Law Review.  His strong interest in labor law and employee rights was generated by his experiences in working for minimum wage jobs.  In his spare time, he enjoys playing bass guitar and reading historical nonfiction.  He is an avid basketball fan of the University of Kentucky, naturally.  John has been surprised at how busy the Subregion is, particularly given that the regional territory is the least unionized in the country.  John hopes to eventually travel to Italy.

Field Attorney Jordan Wolfe was born in Durham, NC, and has lived in North Carolina her entire life.  She has a Bachelor of Arts degree in Political Science and Spanish from UNC Asheville where she graduated magna cum laude.    She received her Juris Doctor degree from UNC-Chapel Hill and worked 230 pro bono hours during law school.  She very much enjoyed her 3L immigration clinic at UNC, where she represented individuals who were applying for certain immigration benefits including U Visas and adjustment of status.  An internship with Legal Aid Farmworker Unit and her strong desire to work in public service inspired her interest in the NLRB.  In her free time, she enjoys hiking with her fiancé, who is also an attorney, and their dog; visiting friends and family, and traveling.  Jordan speaks Spanish proficiently and is eager to use those skills on the job.  Her dream destinations are Glacier National Park in Montana and the Isle of Skye in Scotland.

Joe Webb Joins the Birmingham Resident Office as a Field Attorney!

 Joseph (“Joe”) Webb joined the Birmingham Resident Office as a Field Attorney in December 2014.

Joe was born in Decatur, Alabama. He graduated from the University of Alabama in Huntsville in 2009 with a Bachelor of Science degree in Business Administration and a Minor in Political Science, and received his Juris Doctor degree from Cumberland School of Law in 2013.       

While in law school, Joe served on the Moot Court Board and was recognized as a Scholar of Merit, and he externed with the NLRB’s Birmingham Resident Office in 2012.  Joe’s passion for Labor Law and the National Labor Relations Act began during his 2012 externship.  Following law school, Joe continued to pursue his passion for labor and employment law and worked in private practice for the Birmingham area law firm of Waldrep, Stewart & Kendrick, where he specialized in federal labor and employment law, prior to joining the NLRB in December 2014. In his spare time, Joe enjoys watching sports, umpiring baseball games, and reading science fiction.  He is a member of the Alabama State Bar and the American Bar Association. 

 

Field Attorney Katie Miller says Goodbye to Peoria and Hello to Nashville!

Katie joined the Nashville Resident Office in March 2015.  She was born in St Louis, Missouri, but spent most of her life in Franklin, Tennessee.  She received her Bachelor of Science degree in Recording Industry Management from Middle Tennessee State University.  Even after completing two internships in the music industry, it was her classes in copyright law and legal problems in the recording industry that sparked her interest in law.  She received her Juris Doctor degree from the University of Missouri in Columbia.  While Katie did not have labor law in her sights, she attended a job fair where agents from the St. Louis NLRB office explained that our field attorneys not only conduct investigations, they handle trials themselves, and it is never dull.  Katie was then hired by Subregion 33 in Peoria, Illinois.  After enjoying three winters there and learning to drive in the snow, her husband got a transfer to Nashville, Tennessee, and Katie joined the Nashville Resident Office.  Katie loves being back in Music City where the restaurant scene is exploding and there are plenty of hockey games (Go Predators!).  When she is not taking affidavits or writing briefs, she enjoys cooking, playing the trumpet, and traveling.  She is headed to Thailand and Myanmar (Burma) in the spring.   

 

Significant Settlements

Case Number	Case Name	Settlement Date
TRW Automotive	10-CA-134052	3/9/2015
Laurus Technical Institute	10-CA-093934	3/16/2015
Northstate Aviation	10-CA-147938	3/18/2015
Clinton Holdings LLC d/b/a Comfort Suites	10-CA-139842	3/24/2015
Triad Adult and Pediatric Medicine Inc.	10-CA-125826	3/31/2015
Iron Mountain Incorporated	10-CA-141789	4/2/2015
United States Postal Service	10-CA-142089	4/7/2015
Sodexo & J.W. Mills Management LLC	10-CA-140182	4/30/2015
The Protection and Response Officers of America (Paragon)	10-CB-149830	6/9/2015
Ankle & Foot Center of Ga	10-CA-145874	6/12/2015
Henderson Community Cooperative	10-CA-144230	6/12/2015
United Parcel Service	26-CA-072915	6/12/2015
L'Hoist North America of Tennessee	10-CA-136608	6/30/2015
Four Seasons Environmental	10-CA-147187	6/30/2015
IBEW Local 613(Flemington)	10-CB-144567	6/30/2015
Paragon Systems Inc	10-CA-144572	7/2/2015
Ecolab	10-CA-147665	7/6/2015
Belmont Weekly School	10-CA-150310	7/29/2015
Clinton Holdings LLC d/b/a Comfort Suites	10-CA-146685	8/10/2015
Coastal Management Solutions	10-CA-155153	8/14/2015

. 

Board and Judge's Decisions for Region 10

Case Number	Case Name	Date	Decision
10-CA-113669	Ridgewood Health Care	3/27/2015	ALJ finds violation over successor Er refusal to recognize union, unilateral changes, etc.
10-CA-134589	United States Postal Service	4/16/2015	Board Order pursuant to a Formal SA regarding delay in furnishing information
10-CA-129726	United States Postal Service	4/17/2015	Board adopts ALJD, finding failure to timely provide information
10-CA-133755	United States Postal Service	5/28/2015	Board Order pursuant to a Formal SA regarding delay in furnishing information
10-CA-141565	Taylor Motors Inc	7/14/2015	ALJ finds unlawful interrogations, bad rule regarding wage discussions, unlawful termination
10-CA-141407	U S Express	7/16/2015	ALJD on Er's unlawful mandatory arbitration agreement
10-CA-142030	T-Mobile	8/3/2015	ALJ finds unlawful prohibition from discussing disciplinary investigations and threat of discipline
10-UC-138113	Paragon Systems	6/3/2015	Board adopts Region's dismissal of unit clarification petition where the union sought to merge separate units into one

 

Certifications of Representative Issued Since April 1, 2015

Case Number	Case Name	Filed Date	Cert Rep Issued Date
10-RD-145299	Midsouth Paving, Inc.	1/29/2015	4/7/2015
10-RC-146807	Asplundh Tree Expert Co.	2/23/2015	4/10/2015
10-RC-144239	Palmetto George Operating, LLC d/b/a Prince George Healthcare Center	1/12/2015	4/13/2015
10-RC-147221	First Transit, Inc.	2/27/2015	4/21/2015
10-RC-147653	Automatic Rolls of North Carolina, a Division of Northeast Foods	3/6/2015	4/21/2015
10-RC-147446	Asplundh Tree Expert Co.	3/3/2015	4/23/2015
10-RC-149866	Consolidated Nuclear Security, LLC	4/10/2015	5/11/2015
10-RC-149704	Paragon Systems Inc.	4/8/2015	5/28/2015
10-RC-149859	Asplundh Tree Expert Co.	4/10/2015	5/28/2015
10-RC-150835	EMCOR Facilities Services, Inc., d/b/a Viox Services	4/24/2015	5/29/2015
10-RC-151143	URS Federal Services, Inc.	4/29/2015	5/29/2015
10-RC-150582	Asplundh Tree Expert Co.	4/22/2015	6/4/2015
10-RC-150828	Asplundh Tree Expert Co.	4/24/2015	6/10/2015
10-RC-151812	Kapstone Paper and Packaging Corporation	5/8/2015	6/16/2015
10-RC-153364	TechFlow Mission Support, LLC d/b/a EMI Services	6/1/2015	6/26/2015
10-RC-151954	Asplundh Tree Expert Co.	5/11/2015	7/16/2015
10-RC-154673	Pepsi Beverages Company	6/23/2015	7/27/2015
10-RC-155107	American Red Cross, Southern Blood Services Region	6/29/2015	7/29/2015

 

E-Filing

The NLRB strongly encourages parties to use the Agency’s E-Filing Program to file documents with E-Filing

NLRB  Regional offices, the Office of Appeals, the Division of Judges, and the Office of the Executive Secretary now have E-filing. The E-filing system provides an easy way to file most case documents electronically. The case number is required for all documents uploaded through the E-file system. Please enter the case number in this format — two digits, hyphen, two characters, hyphen, six digits, i.e. 10-CA-000000. For consolidated cases, it is sufficient to E-File the document solely under the lead (lowest) case number in order to file in all the cases. For complete information about E-filing, please click here.

The E-filing system accepts most documents allowed under Board rules, including:

• Answer to Complaint/Compliance Specification
• Appeal Filings
• Amicus Brief or Reply to Amicus Brief, Post Hearing Brief, Briefs in Support of Motions
• Disclaimer of Interest
• EAJA Applications
• Evidence
• Excelsior List
• Exceptions or Cross Exceptions
• Exhibits
• Extension of Time Request
• Formal Settlement Agreement Letter
• Motions, Oppositions to Motions, and Replies to Oppositions to Motions
• Motion to Stay Election
• Notice of Appearance
• Objections to Election
• Petition to Revoke Subpoenas or Response
• Position Statement
• Request for Review and Oppositions to a Request for Review
• Request for Special Permission to Appeal
• Requests to Proceed with Election
• Questionnaire
• Settlement Agreement
• Service Documents
• Withdrawal Request

 

Documents that may NOT be E-Filed include:

• Unfair Labor Practice Charges
• Representation Petitions
• Petitions for Advisory Opinions
• A document that is more than twenty (20) megabytes in size

 

A Note from the Editor Region 10 Perspective always encourages your questions, suggestions, comments and feedback. Please feel free to contact OIC Scott C.Thompson at Scott.C.Thompson@nlrb.gov.   - Scott C. Thompson, Officer in Charge, SR11 Winston‐Salem

The National Labor Relations Board is an independent federal agency created by Congress in 1935 to administer the National Labor Relations Act, the primary law governing relations between unions and employers in the private sector. The statute guarantees the right of employees to organize and to bargain collectively with their employers, and to engage in other protected concerted activity with or without a union, or to refrain from all such activity. The NLRA extends rights to most private sector employees, to their employers, and to unions/labor organizations. The NLRA protects workers who form, join, support or assist unions, and protects groups of workers (two or more employees) without a union who engage in protected concerted activities seeking to modify their wages or working conditions. The Act protects non-union and union employees against employer and union discrimination based on union-related activities or other protected concerted activities. Employees wishing to pursue workplace organization issues or allegations of unfair labor practices may seek assistance from the nearest regional NLRB office. Employers and unions who wish to pursue allegations of unfair labor practices may do the same. The Agency has 51 regional, sub-regional, or resident offices to serve the public.