Section 20169 - Provisions for Use of Electronic Filing and Service of Documents(a) Parties represented by counsel or other representative shall file and serve documents electronically. Parties who are not represented by counsel or other representative are not required to file electronically but may do so; however, by electronically filing a document in a proceeding before the Board an unrepresented party agrees to file all further documents in the proceeding electronically and agrees to accept service of documents in the case electronically. The Board or any of its agents shall file and serve all documents electronically, except that parties who are not represented by counsel or other representative and who have not electronically filed any document with the Board shall be served by other non-electronic means. The following rules apply to electronic filings in Board proceedings: (1) "Electronic filing" refers to the act of filing a document with the Board via the "[email protected]" address. A link to this address is available on the Board's website at https://www.alrb.ca.gov/e-file/. The subject line of an email to the Board's efiling address shall state the name of the case and case number, if one has been assigned, and the title of the document being submitted for electronic filing.(2) Parties may file documents electronically at any time. However, documents received after 5:00 p.m. on a business day, or at any time on a nonbusiness day, will be deemed filed on the next regular business day.(3) All documents electronically filed must be in portable document format (PDF) and be text searchable. When possible, electronic bookmarking should be used for the first page of the document and all tables, sections, headings, and subheadings within a document.(4) Electronically filed documents must be paginated consecutively using arabic numerals only (1, 2, 3, etc.) beginning with the first page so that the document pagination matches the electronic page counter for the electronic document. The caption page, table of contents, table of authorities, and any proof of service included within an electronically filed document will not be counted by the Board in determining whether a filing complies with the page number limits set forth in sections 20282 or 20370.(5) Documents filed electronically shall not exceed 25 MB in file size. Documents larger than 25 MB in file size may be split into multiple files to be submitted separately. Pagination in documents that must be split into multiple files shall remain consecutive, and the page numbering in the second part of a file divided into two parts shall continue where the page numbering of the first part stopped.(6) The file name of any document electronically filed must be in the following format: Year (followed by a dash) month (followed by a dash) day (followed by one space) followed by the title of the document from the caption on the face page of the document, which may be abbreviated using easily identifiable abbreviations. For example, a document filed by email on March 12, 2016, would be named "2016-03-12 Respondent's Exceptions to the Decision of the Administrative Law Judge," or "2016-03-12 Resp Excepts to ALJ Dec."(b) Whenever "service" is required by the regulations, service of electronically filed documents shall be on all parties to the proceeding and be effected by copying (i.e., "cc") all such other parties on the electronic filing email to [email protected], except that any unrepresented parties shall be served by non-electronic means. Unfair labor practice charges must be served in accordance with sections 20166 and 20206 and petitions for certification must be served in accordance with section 20300(e). Documents filed electronically must include a copy of a proof of service. For the exchange of documents not required to be filed, such as requests for discovery or particulars subject to sections 20235 through 20237, electronic service may be effected by email to the counsel or representative of a party.(c) Once a document filed electronically is received by the Board and has been determined to have met requirements of subdivision (a), a confirmation email will be sent to the filing party's email address on file by the close of the next business day.(d) Where electronic filing of a document is not feasible due to file size or technical problems associated with the document or filing, a party may request permission from the executive secretary, or the administrative law judge if one has been assigned to the case, to file and serve the document through non-electronic means.Cal. Code Regs. Tit. 8, § 20169
1. New section filed 5-23-2017; operative 5-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 21).
2. Amendment of section and NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35). Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1151.3, 1151.4, 1160.2, 1160.3 and 1160.5, Labor Code.
1. New section filed 5-23-2017; operative 5/23/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 21).
2. Amendment of section and NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).