(A)
Definitions:
(1)
Electronic
filing-the electronic transmission of information to a designated email address
of the state employment relations board for case processing.
(2)
Time of
filing-an electronic document is filed when it is received by the designated
email address of the state employment relations board on or before five p.m. on
a business day; electronic filings received by the designated email address of
the board after five p.m. on a business day or on a Saturday, Sunday, legal
holiday shall be considered filed on the next business day.
(3)
Service-the
delivery of a writ, summons, complaint, or other notice or order by an
authorized server upon another, provides official notification that a legal
action or proceeding against a party has been commenced or filed.
(4)
Electronic mail-messages sent and received through an electronic service system
utilizing the public internet.
(5)
Filer-person who
filed an electronic document.
(B)
Under this
chapter all documents shall be filed electronically in a read-only format
except for:
(1)
Unfair labor practice charges;
(2)
Requests for
recognition with showing of interest;
(3)
Petitions for
representation election with showing of interest; and
(4)
Petitions for
decertification election with showing of interest.
Paper documents shall include an
original plus one copy. No paper copies shall be filed with documents filed
electronically.
Parties may electronically serve a
document on other parties of record. Electronic service made after five p.m. on
a business day or on a Saturday, Sunday, or legal holiday shall be considered
complete on the next business day. The proof of service of a document served by
electronic filing shall state the email address of the person to whom the
document was transmitted and both the date and time of the transmission;
otherwise, all documents not served electronically shall include proof of
service to the other parties to the proceeding or their representatives. Proof
of service shall be signed and shall include the address to which the document
is delivered, the manner of delivery, and the date of mailing or, if service is
not by mail, the date of actual delivery or an acknowledgment of receipt signed
by the recipient. Service may be made by mail or by personal service including
hand delivery or by leaving a copy at the principal office or personal
residence of the party or representative required to be served. Service by mail
shall be deemed complete upon mailing. Such documents shall not be accepted for
filing unless they contain proof of service signed by the party or the party's
representative. Documents for which confidentiality is requested pursuant to
paragraph (G) of this rule need not contain proof of service.
(C)
Every document to be filed with the state employment
relations board shall be transmitted in format and manner that can be read and
downloaded by electronic equipment then in use by the board. All documents
filed with the board shall be formatted as follows: double spaced on
eight-and-one-half-inch by eleven-inch paper with one-inch margins, in type
face no smaller than eleven points, and no more than fifteen pages in length
unless prior authorization is received from the board, board member,
administrative law judge, executive director, or the office of the general
counsel. All documents filed with the board shall have numbered pages, and
shall contain the caption of the case, the case number, and a title including
the name of the party on whose behalf the document was filed. All case captions
shall be submitted in the following format: four-digit year, dash, three-letter
case-type designation, dash, two-digit month, dash, four-digit sequential case
number assigned by the board. Documents filed with the board concerning a case
assigned to a board member or administrative law judge shall state the name of
the board member or administrative law judge in the caption.
(D)
All electronic
filings shall contain an electronic signature or an /s/ notation followed by
the name of the filer, mailing address, telephone number, and email address.
Parties shall update any change of their contact information promptly.
(E)
The
state employment relations board has discretion to waive technical defects in
any document filed with the board if no undue prejudice would result.
(F)
Any
party who lacks the technological capability to comply with this rule must file
a written motion for relief from the electronic-filing requirements at the time
the party makes its initial appearance in a matter; within said motion, a party
shall show good cause why it is not feasible to file electronically.
(G)
An
individual submitting information may request in writing that affidavits or
other investigatory materials be kept confidential. Documents for which
confidentiality is requested shall be filed with a written request that
confidentiality be maintained. Documents submitted pursuant to a state
employment relations board agent's request in the course of an investigation
and for which confidentiality is promised shall automatically be kept
confidential. Substantial evidence and showings of interest submitted in
accordance with rules 4117-3-03 and 4117-5-02 of the Administrative Code will automatically be kept confidential.
Replaces: 4117-1-02
Notes
Ohio Admin. Code 4117-1-02
Five Year Review (FYR) Dates:
5/27/2020 and
05/27/2025
Promulgated
Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule
Amplifies: 4117.01, 4117.02
Prior Effective Dates: 03/26/1984
(Emer.), 06/24/1984, 05/18/1987, 01/02/2005,
10/25/2010
Five Year Review (FYR) Dates:
05/28/2015 and
05/28/2020
Promulgated
Under: 119.03
Statutory
Authority: 4117.02(K)(8)
Rule Amplifies:
4117.01,
4117.02
Prior
Effective Dates: 1/25/84, 3/26/84, 6/24/84, 5/18/87, 1/2/05,
10/25/10
