Ill. Admin. Code tit. 80 § 1200.20

Current through Register Vol. 48, No. 49, December 6, 2024

Section 1200.20 - Filing and Service of Documents

a) All documents may be filed in either the Board's Springfield or Chicago office.

b) Whenever this Part or 80 Ill. Adm. Code 1210, 1220 or 1230 requires that a document be on a form developed by the Board, the document may be prepared on a form obtained either from a Board office or from the Board's website. Minor deviations in the form of a document shall not be grounds for objecting to the document. Minor deviations are those concerning form rather than substance that do not prejudice the other parties to a proceeding.

c) Documents may be filed by any of the following methods:

1) By actual delivery of documents to the Board;

2) By first class, registered or certified United States mail or by commercial parcel delivery company; or

3) By email, to the Board's designated email address for electronic filing, provided that any and all attachments are in Microsoft Word format (.doc or.docx) or in Portable Document Form (.pdf). The Board may direct parties to provide hard copies of documents filed by e-mail.

d) All petitions and intervening claims filed in representation proceedings, and all amendments to those documents, shall be served on the appropriate parties by the Board by certified mail, by regular mail accompanied by affidavit or certificate of service, or by email in accordance with subsection (h).

e) All documents, except those listed in subsection (d), shall be served by the party filing the document on all other parties to the proceedings. The following documents shall not be subject to this requirement:

1) position statements and evidence submitted to the Board in the course of any investigation of an unfair labor practice charge;

2) position statements and evidence submitted to the Board in the course of any investigation of an objection to an election;

3) showing of interest evidence described in Section 1210.80; and

4) evidence of majority support referenced in Section 1210.160(c).

f) When a party is represented in a proceeding before the Board, service shall be on the party's representative. When a party is not represented, service shall be on the party. The document shall not be considered properly served unless accompanied by proof of service. Proof of service shall consist of a written statement, signed by the party effecting service, detailing the name of the party served and the date and manner of service.

g) In all matters, a document shall be considered filed with the Board on the date that it is:

1) postmarked;

2) tendered to a delivery service;

3) transmitted by e-mail, in accordance with Section 1200.20(c)(3); or

4) received before the close of the Board's business hours by personal delivery in either of the Board's offices.

h) Service by Email in Contested Board Proceedings

1) "Documents issued by the Board in connection with a Board proceeding" include complaints, notices of hearing, Executive Director dismissals, hearing orders, recommended decisions and orders, and Board decisions and orders. Documents issued by the Board in connection with a Board proceeding may be served by email in lieu of other methods of service specified in this Part.

2) Any attorney representing a party to a proceeding or other party representative shall provide the Board with at least one email address as required by Section 1200.70 and shall accept service by email at that address. A party represented by an attorney may provide the email address of the attorney.

3) The Board will request that unrepresented parties to a Board proceeding consent to accept service by email of documents issued by the Board in connection with that Board proceeding by designating an email address at which they will accept service.

4) Any person or entity providing such an email address shall update that email address if it is changed. Any person or entity who regularly practices before the Board shall verify that email address on an annual basis.

5) Any person or entity who submits an email address under this Section may designate up to two additional secondary email addresses at which the person or entity consents to accept service. The Board shall serve the documents to both the designated primary and secondary email addresses.

6) The Board will not serve by email any documents that contain the following:

A) a Social Security or individual taxpayer identification number;

B) a driver's license number;

C) a financial account number;

D) a debit or credit card number;

E) any other information that could reasonably be deemed personal, proprietary, confidential, or trade secret information; or

F) any information about or concerning a minor.

7) Service by email is deemed complete on the day of transmission. The Board shall confirm delivery by requesting an automated delivery receipt from the recipient. If the Board does not receive a delivery receipt, the Board shall contact the intended recipient and request an email confirmation that the recipient has received the document. If the Board is unable to obtain written confirmation that the recipient has received the document, the Board shall serve the document by other means.

Ill. Admin. Code tit. 80, § 1200.20

Amended at 27 Ill. Reg. 7365, effective May 01, 2003

Amended at 40 Ill. Reg. 10892, effective 8/1/2016

Amended at 44 Ill. Reg. 17694, effective 10/26/2020