AUTHORITY: 29 C.F.R. § 102.60(a), 61(c)(8) (2015); Ambush Election Final rule, 79 Fed. Reg. 74308, 74462 (Dec. 15, 2014) (to be codified at 29 C.F.R. pt. 102); OFFICE OF THE GEN. COUNSEL, MEMORANDUM GC 15-06, GUIDANCE MEMORANDUM ON REPRESENTATION CASE PROCEDURE CHANGES EFFECTIVE APRIL 14, 2015, at 3 (2015). 

HOW TO FILE AND SERVE:

There are a variety of options for filing and serving: 

OPTION (A) - ELECTRONICALLY

Employees can file with the NLRB electronically and then serve the documents electronically. This method works best if the employer and union have email addresses. To file and serve electronically follow these steps: 

(1) FILE

Employees should E-File the following documents via the NLRB’s website [12] with the Regional Director for the Region where the bargaining unit exists: 

After E-Filing, employees MUST also send the original Signature Petition containing the signatures gathered in Step 1 to the NLRB. The original Signature Petition must be received by the Regional Director within two business days after E-Filing. The Region will likely reject employee petitions if the original Signature Petition is not timely received. 

NOTE: Employees should keep copies of all three documents for their records. 

AUTHORITY: 29 C.F.R. §§ 102.60(a), 102.61(c)(8), (f) (2015). See also 29 C.F.R. 102.111(a) (2015) (noting that for periods of less than 7 days, one day means one business day); 79 Fed. Reg. 74308, 74329 (Dec. 15, 2014) (to be codified at 29 C.F.R. pt. 102) (noting that Regional Director will reject an electronic or facsimile filing that is not accompanied by an “original” showing of interest within two business days): OFFICE OF THE GEN. COUNSEL, MEMORANDUM GC 15-06, GUIDANCE MEMORANDUM ON REPRESENTATION CASE PROCEDURE CHANGES EFFECTIVE APRIL 14, 2015, at 3-4 (2015). 

(2) SERVE

AUTHORITY: 29 C.F.R. §§ 102.60(a), 61(c)(8), (f), 114(a), (i) (2015); OFFICE OF THE GEN. COUNSEL, MEMORANDUM GC 15-06, GUIDANCE MEMORANDUM ON REPRESENTATION CASE PROCEDURE CHANGES EFFECTIVE APRIL 14, 2015, at 3-4 (2015).  

OPTION (B) - MAIL 

Employees can file with the NLRB via mail. If employees file by mail, they have the option of serving the union and employer via mail or personal service (hand delivery). Employees can also serve the documents via fax if the party being served is willing to accept service via fax. See 29 C.F.R. § 102.114(a) (2015). To file via mail, employees should follow these steps: 

(1) FILE

Mail the following documents to the Regional Director of the NLRB Region where the bargaining unit exists:

NOTE: Employees should keep copies for their records.

(2) SERVE

Service can be done via mail or personal service (hand delivery). Also, if the party being served consents to being served by fax, then service can be done via fax. See 29 C.F.R. § 102.114(a) (2015). These documents must be served on the union and employer: 

NOTE: If employees serve the documents via mail, it is recommended that employees use registered or certified mail and request a return receipt as proof of service on the union and employer. See 29 C.F.R. § 102.114(b) (2015). 

AUTHORITY: 29 C.F.R. §§ 102.60(a), 61(c)(8), 114(a)-(b) (2015); OFFICE OF THE GEN. COUNSEL, MEMORANDUM GC 15-06, GUIDANCE MEMORANDUM ON REPRESENTATION CASE PROCEDURE CHANGES EFFECTIVE APRIL 14, 2015, at 3-4 (2015);  NLRB CASEHANDLING MANUEL PART TWO: REPRESENTATION PROCEEDINGS § 11022.3 (Sept. 2014). 

OPTION (C) - HAND DELIVERY

Employees can file with the NLRB by delivering the necessary documents in person. To file via hand delivery:

(1) FILE

Employees can hand deliver the following documents to the Regional Director of the NLRB Region where the bargaining unit exists: 

NOTE: Employees should keep copies for their records.

(2) SERVE

If employees file with the NLRB via hand delivery, they must promptly notify the employer and union, over the telephone, of the filing. Then employees must  either choose a mailing option that ensures the employer and union will receive the necessary documents by the close of the next business day after filing or personally serve (hand deliver) the documents by the close of the next business day after filing. See 29 C.F.R. § 102.114(a) (2015). The documents that must be served are: 

AUTHORITY: 29 C.F.R. §§ 102.60(a), 61(c)(8), 114(a)-(b) (2015); OFFICE OF THE GEN. COUNSEL, MEMORANDUM GC 15-06, GUIDANCE MEMORANDUM ON REPRESENTATION CASE PROCEDURE CHANGES EFFECTIVE APRIL 14, 2015, at 3-4 (2015).  

OPTION (D) - FAX

Employees can also file via fax by following these steps: 

(1) FILE

Employees should fax the following documents to the Regional Director of the NLRB Region where the bargaining unit exists:

Next, employees must also send the original petition containing the signatures gathered in Step 1 to the NLRB. The original signature petition must be received by the NLRB within 2 business days of transmitting the documents via fax. The Region will likely reject employee petitions if the original Signature Petition is not timely received. Also, employees should send the original documents to the Regional Office where the petition was faxed. 

(2) SERVE

Employees should try serving the employer and union by fax. But, if they cannot be served by fax or if the employer and union do not accept service by fax, then employees must notify the union and employer personally or via telephone of the substance of the documents filed via fax. See 29 C.F.R. §§ 102.114(h) (2015). A copy must then be served personally (hand delivery) or sent via overnight delivery service. Id.

These are the documents that must be served on the employer and union: 

AUTHORITY: 29 C.F.R. §§ 102.60(a), 61(c)(8), (f), 114(a), (h) (2015); OFFICE OF THE GEN. COUNSEL, MEMORANDUM GC 15-06, GUIDANCE MEMORANDUM ON REPRESENTATION CASE PROCEDURE CHANGES EFFECTIVE APRIL 14, 2015, at 3-4 (2015).  

QUESTIONS? 

Finally, you may contact Foundation staff attorneys [13] if you have questions about how to proceed, need assistance getting through to the NLRB, or encounter legal difficulties interfering with your efforts.