NEW YORK PARTY SHUTTLE, LLC,d/b/a ON BOARD TOURS, WASHINGTON DC PARTY SHUTTLE, LLC, D/B/A ON BOARD T

National Labor Relations Board - Unpublished Board Decisions

Oct 27, 2017

02-CA-073340 (N.L.R.B. Oct. 27, 2017)

Re: New York Party Shuttle, LLC, d/b/a On Board Tours, Washington DC Party
Shuttle, LLC, d/b/a On Board Tours, On Board Las Vegas Tours, LLC, d/b/a
Onboard Tours, NYC Guided Tours, LLC, and Party Shuttle Tours., LLC, a
single employer, Case 02-CA-073340
ORDER
Respondent’s Motion to Accept Late-Filed Response to Motion for Partial
Summary Judgment is denied. The Respondent has failed to show excusable neglect
for the failure to file by the deadline set in response to a prior request for an extension of
time. Parties who choose to file on the final day for doing so assume the risk that
something can go wrong, particularly if, as here, the attempted filing takes place on the
evening of the final day. As specifically stated in the Board's E-Filing instructions, "a
user who waits until after close of business on the due date to attempt to E-File does so
at his/her own peril. If you are unsure whether the problem is a technical failure or a
user problem, assume it is a user problem." Counsel for the Respondent has
acknowledged that the attempted E-Filing did not proceed to the final confirmation page
of the process, and that he did not make additional attempts to E-File until September
19, 2017 (four business days after the already extended deadline), after the Board
contacted Respondent regarding the failure to file by the deadline.
Dated, Washington, D.C., October 27, 2017
By direction of the Board:
/s/ Roxanne L. Rothschild
Deputy Executive Secretary
United States Government
OFFICE OF THE EXECUTIVE SECRETARY
NATIONAL LABOR RELATIONS BOARD
1015 HALF STREET SE
WASHINGTON, DC 20570