Food Services of America, Inc., a subsidiary of Services Group of America, Inc.

National Labor Relations Board - Board Decisions

Jul 10, 2012

28-CA-063052 (N.L.R.B. Jul. 10, 2012)

July 10, 2012
Food Services of America, Inc.,
a subsidiary of Services Group of
America, Inc.
Case 28-CA-063052
ORDER
The Motion for Reconsideration of Denial of Motion to Accept
Respondent’s Exceptions to Decision of ALJ and Brief in Support of Exceptions
is denied. The Respondent consented to the Board’s e-filing terms. These
terms, inter alia, warn potential e-filers not to wait until the last minute to file, and
that problems with a user’s hardware or software do not constitute a technical
failure that will excuse an untimely filing.1 Accordingly, the Respondent’s
asserted reasons for its late filing, i.e., technological difficulties on the user’s end,
do not rise to the level of excusable neglect.
By direction of the Board:
Farah Z. Qureshi
Associate Executive Secretary

1 The Board’s e-filing terms state the following:
User Problems. Problems with a user's telephone lines, internet
service provider, hardware, or software; user problems in
understanding or following the E-Filing instructions; or rejection
of a document because it contains a virus do not constitute a
technical failure and will not excuse an untimely filing. A filer who
cannot E-File a document because of any of these user
problems must file conventionally and timely. The Agency’s
offices have no lobby facilities for filing after the close of
business. Thus, a user who waits until after close of business on
the due date to attempt to E-File does so at his/her peril. If you
are unsure whether the problem is a technical failure or a user
problem, assume it is a user problem. [Emphasis added].
United States Government
NATIONAL LABOR RELATIONS BOARD
1099 14th STREET NW
WASHINGTON DC 20570

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cc: Parties