Notable Changes in New Filing Regulations
As announced in Notice of Approval of Regulatory Action – Electronic Filing, the Office of Administrative Law has approved the rulemaking action that implements procedures to allow for the electronic filing and service of case-related documents and to allow for the electronic signature of union authorization cards. In the coming weeks PERB will share FAQs and other information related to the new regulations, which become effective on February 15.
Notable changes include (UPDATED 4/5/21):
- Filing documents by fax or e-mail is prohibited and no longer available to any party for any reason.
- Except for unrepresented individuals, PERB’s electronic filing system known as “ePERB” is now the sole means to electronically file a document with PERB. (PERB Regulation 32091.) Individuals represented by legal counsel, unions, and public employers must file all documents through the ePERB portal. Unrepresented individuals still have the option to file through ePERB, but may also file in person, by U.S. Mail, or a mail delivery service. (PERB Regulation 32110.)
- PERB no longer requires parties to file copies of documents except for the following two proceedings: (1) exceptions to Board agent decisions, and (2) requests to designate a decision as precedential or non-precedential. And unrepresented individuals exempt from using ePERB must file original documents when filing in person, by U.S. Mail, or other delivery service.
- Parties may use electronic signatures (e-signatures) when filing certain specified documents with PERB. (PERB Regulation 32092.) (This regulation does not apply to proof of support under PERB Regulation 32700.)
- Parties using ePERB consent to accept electronic service (e-service), but only after a case is initially filed. (PERB Regulations 32093, 32140.)
- Parties using ePERB may file documents until 11:59 p.m. on any business day for PERB to deem the document filed on that day, except that a request for injunctive relief must be filed by 5:00 p.m. on a business day even when using ePERB. (PERB Regulations 32110, 32450, 32455.) For unrepresented individuals filing in person, through U.S. Mail, or a mail delivery service, a document is deemed filed on the business day PERB actually receives the document at the appropriate Regional office. Because PERB’s Regional offices close at 5:00 p.m., PERB cannot receive documents after that time.
- Board agents may now order electronic postings (e.g., e-mail, internet, etc.) in representation matters where employees are working remotely. (PERB Regulation 32111.)
- The various regulations that identified the PERB office to file representation matters for each labor relations act are now consolidated into one regulation. (PERB Regulation 32115.)
- Parties are required to redact confidential and sensitive information before filing documents with PERB. (PERB Regulation 32125.)
- Parties exempt from using ePERB must follow specified formatting rules when filing non-electronic (physical) documents with PERB. (PERB Regulation 32135.)
- The regulation for service and the regulation for proper recipients for service have been consolidated into one regulation. (PERB Regulation 32140.)
- PERB now has a regulation limiting the time a case may be placed in abeyance, which also allows Board agents to unilaterally place cases in abeyance. (PERB Regulation 32143.)