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Electronic deadlines at the NLRB
January 09, 2006 by Ross Runkel at LawMemo
Read the Rules. You can file NLRB documents electronically. Your item is due at the "official closing time" of the Board - 5:00 p.m.
Comes now a lawyer who thought things were due by midnight. She figured things out shortly before 5:00 and actually made the filings (exceptions and a brief) at 5:30 and 5:42.
Then she filed a motion to file her documents late. The Board split 2-1 in her favor. WGE Federal Credit Union, 346 NLRB No. 19 (12/30/2005).
The majority said the lawyer was guilty of neglect, but concluded that they should excuse the neglect, noting that the attorney tried mightily, and in good faith, to complete the exceptions in time and, while she missed the deadline by a matter of minutes, no one was prejudiced by the delay.
I have to notice (and wonder about) the fact that it was two Republicans against one Democrat. There are many NLRB policies on which Democrats and Republican predictably disagree. I don't understand this particular division along party lines.
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