465 R.I. Code R. 465-RICR-10-00-1.5

Current through November 7, 2024

Section 465-RICR-10-00-1.5 - Electronic Document Management System (E-Filing)

A. Effective Date and Scope

1. This section governs the mandatory electronic filing of all correspondence and documents submitted to the Rhode Island State Labor Relations Board (RISLRB) that are filed on or after January 1, 2016. To the extent the Rules and Regulations in this section are inconsistent with any other administrative rule of the Board, the Rules and Regulations in this section shall govern.

B. Electronic Filing Procedures

1. Conversion of Filings to Portable Document Format (PDF)

a. All documentation must be converted to a PDF format before uploading to the Electronic Document Management System.

(1) The only exception to the aforementioned rule is that of written statements and responses submitted to the Board dealing with Charges of Unfair Labor Practices, which shall also be submitted in "WORD" format.

b. Parties shall be required to keep an original of all documentation submitted through the e-filing process, should it be necessary for production.

2. Initial Filing of Petitions

a. All initial filings in a proceeding as defined in § 1.2(A)(27) of this Part, shall be submitted to the Board only through the Electronic Document Management System, unless a party to the proceeding is exempt from electronically filing (e-filing) documents in accordance with § 1.5(F)(2)(c) of this Part; and

b. The Board will then notify all parties of record of the said filing, as well as the designated informal hearing process, in accordance with § 1.9(A) of this Part.

3. Initial Filings of all Correspondence and other Documentation

a. All initial filings of correspondence and other documentation except those enumerated in § 1.5(F)(2) of this Part, are to be submitted through the Electronic Document Management System, unless a party to the proceeding is exempt from electronically filing (e-filing) documents in accordance with § 1.5(F)(2)(c) of this Part.

b. All initial filings shall be submitted by electronic transmission (emailed) to the opposing party, with a copy (Cc) to the Board's Administrator and must certify the same therein, upon conclusion of the electronic submission to the Board. All filings shall contain a certification of notice in accordance with § 1.6(B) of this Part.

4. Subsequent Filings

a. All subsequent filings shall be electronically filed (e-filed) via the Electronic Document Management System to the Board, unless a party to the proceeding is exempt from electronically filing documents in accordance with § 1.5(F)(2)(c) of this Part; and

b. All subsequent filings shall be submitted by electronic transmission (e-mailed) to the opposing party, with a copy (Cc) to the Board's Administrator and must certify the same therein, upon conclusion of the electronic submission to the Board. All filings shall contain a certification of notice in accordance with § 1.6(B) of this Part.

C. Electronic Service and Distribution of Electronic Filings by the Board

1. All correspondence and documentation generated by the Board shall be electronically transmitted (e-mailed) to all parties, except for any "certified" documentation required in accordance with § 1.7(B)(1) of this Part.

D. Format and Redaction of Electronic Documents

1. All documents, except those enumerated in § 1.5(F)(2) of this Part, must be converted to a PDF format before they are filed in the Electronic Document Management System. Prior to filing any document, the registered user shall ensure that any confidential information is omitted or redacted in accordance with § 1.6(C)(1)(a) of this Part, and that protected information is omitted or redacted in accordance with § 1.6(C)(2)(a) of this Part.

E. Pertinent Documentation Related to a Filing

1. Any pertinent documentation related to a filing, for instance, an attachment to a statement of facts or an appendix or exhibit to a Brief, shall be uploaded and electronically filed (e-filed) separately from the original filing.

2. Any additional pages to a filing of a Petition shall be uploaded and electronically filed (e-filed) with the Petition.

F. Mandatory Electronic Filing and Exceptions

1. Electronic Filing - Mandatory: Unless otherwise required or authorized by these rules, all documentation submitted to the Board that are filed on or after January 1, 2016, must be filed using the Board's Electronic Document Management System.

2. Exceptions

a. Cards of interest, Decertification Signature Cards, Signature Affirmation Document, and Designation of Bargaining Agent and Waiver of Right to Vote forms submitted in any proceeding before the Board may not be filed electronically. All cards of interest, Decertification Signature Cards, Signature Affirmation Document, and said Designation of Bargaining Agent and Waiver of Right to Vote forms must be submitted no later than 3:00 p.m. in accordance with § 1.6(H)(4) of this Part, on the same day as the electronic submission of the Petition;

b. Any item that is not capable of being filed in an electronic format will be filed in a non-electronic format, such as, electioneering paraphernalia; and

c. Upon a showing of an exceptional circumstance that it is not feasible for an individual to file documents by electronic means, the Board may excuse the individual from electronic filing (e-filing) in a particular proceeding.

3. What Constitutes Filing

a. The electronic filing (e-filing) of a document through the Electronic Document Management System consistent with the procedures specified in the Board's Rules and Regulations, together with the production and transmission of a confirmation of electronic filing, constitutes filing of the document.

4. Electronic File Confirmation

a. Electronic documents are considered to be officially filed upon receipt of the electronic filing (e-filing) confirmation notice. Said filings shall have the same force and effect as documents time stamped in a non-electronic manner. Upon approval of said filing by the Board's Administrator, the filer shall receive confirmation of either acceptance or non-acceptance of said document by the Board.

G. Date and Time of Filing

1. Date of Filing

a. An electronic filing (e-filing) may be made any day of the week, including holidays and weekends, and any time of the day the Electronic Document Management System is available.

2. Time of Filing

a. A document is timely filed if it is filed by or before 3:00 p.m. on the date the filing is due in accordance with § 1.6(H)(4) of this Part. Documentation received after 3:00 p.m. shall be considered filed and documented on the next regular business day.

H. Signatures

1. Registered User

a. An individual's username, password, and PIN accompanied by a non-electronic signature, signed in blue ink, serves as the registered user's signature on all electronically filed (e-filed) documents.

2. Documents Requiring Oaths, Affirmations, Verification or Certification of Service

a. Any document filed requiring a signature under oath or affirmation, with verification or certification of service, shall be signed non-electronically, in blue ink, authorized with an assigned PIN upon submission, but shall be electronically filed (e-filed).

3. Format

a. Any filing requiring a signature must be signed, with a nonelectronic signature, in blue ink (actual signature scanned). The following information about the person shall be included under the person's signature:

(1) Name and title;

(2) Name of firm, certified employee organization, or governmental agency;

(3) Mailing address;

(4) Telephone, cellular number, and facsimile number; and

(5) E-mail address.

4. Multiple Signatures

a. By filing a document containing multiple signatures, the registered user confirms that the content of the document is acceptable to all persons signing the document and that all such persons consent to having his or her signature appear on the document.

b. All documentation filed with multiple signatures, must be submitted as an original, signed in blue ink, to the Board.

I. Rhode Island State Labor Relations Board E-Filing User Agreement

1. In order to register for an account with the Board's Electronic Document Management System, you must accept the terms and conditions of the "User Agreement". Failure to accept these terms will not allow you to register with the Board's Electronic Document Management System.

J. Registration; Username and Password

1. Registration

a. Registration Required: Every individual filing a document in a proceeding must register as a registered user of the Electronic Document Management System;

b. How to Register: To register, the individual must complete the registration process located at www.rislrb.ri.gov, within the e-filing tab, to create a username and password for the Electronic Document Management System;

c. Registration Completion: When the registration process is completed, the registered user will be assigned a computer-generated personal identification number (PIN); said PIN confirmation will be sent through the electronic filing registration notification;

d. Changing Passwords: Once registered, the user may change his or her password. If the registered user believes the security of an existing password has been compromised, it shall be the responsibility of the registered user to change the password immediately;

e. Changes in Registered User's Contact Information: If a registered user's e-mail address, mailing address, or telephone number(s) changes, the user must promptly make the necessary changes to the registered user's information contained in the Electronic Document Management System;

f. Changes in Employment Organizations:

(1) A username and PIN may not be transferred between employment organizations. Upon cessation of employment, the user agrees to deactivate their Electronic Document Management System registration.

(2) Upon re-employment within another organization, an individual must re-register with a new username and password to receive a new PIN. (Each PIN is specific to the user's work identity).

g. Duties of Registered User: Each registered user shall ensure that the user's e-mail account information is correct and that the account is monitored regularly; and

h. Account Deactivation: Withdrawal from participation in the Electronic Document Management System cancels the registered user's profile, but does not authorize non-electronic filing of documents, and is not a withdrawal from a proceeding.

2. Use of Username and Password

a. A registered user is responsible for all documentation filed with the user's username and password, unless proven by clear and convincing evidence that the registered user did not make or authorize the filing.

3. Username and Password Security

a. If a username or password is lost, misappropriated, misused, or compromised, the registered user of that username and password shall contact the Board. The individual shall then deactivate the current registration and re-register using a new username and password.

4. Denial of Access

a. The Board may refuse to allow an individual to electronically file or download information in the Electronic Document Management System due to misuse, fraud, or other good cause.

465 R.I. Code R. 465-RICR-10-00-1.5

Amended effective 2/1/2021