127-1.10 - Service and Notice

127-1.10. Service and Notice

A. Notice of Protest

1. In the event that there are any affected employees who are not represented by an authorized employee representative, the employer shall, immediately upon receipt of notice of the docketing of the notice of protest or petition for modification of the abatement period, post, where the citation is required to be posted, a copy of the notice of protest and a notice informing such affected employees of their right to party status and of the availability of all pleadings for inspection and copying at reasonable times.

2. The authorized employee representative, if any, must be served with a copy of the notice of protest.

3. Where a notice of protest is filed by an affected employee who is not represented by an authorized employee representative and there are other affected employees who are represented by an authorized employee representative, the unrepresented employee shall serve a copy of his notice on the authorized employee representative and shall file proof of such service.

4. Where a notice of protest is filed by an affected employee or an authorized employee representative, a copy of the notice of protest and response filed in support thereof shall be provided to the employer for posting in the manner prescribed in paragraph A.1. of this rule.

5. An authorized employee representative who files a notice of protest shall be responsible for serving any other authorized employee representative whose members are affected employees.

B. Notice of Hearing

1. A copy of the notice of the hearing to be held before the Board Member shall be served by the employer on affected employees who are not represented by an authorized employee representative by posting a copy of the notice of such hearing at or near the place where the citation is required to be posted.

2. A copy of the notice of the hearing to be held before the Board Member shall be served by the employer on the authorized employee representative of affected employees in the manner prescribed in paragraph E.1 of this rule, if the employer has not been informed that the authorized employee representative has entered an appearance as of the date such notice is received by the employer.

C. Notice of Proposed Settlement Agreement

1. A copy of the proposed settlement being submitted to the Board Member for approval shall be served by the employer on affected employees who are not represented by an authorized agent by posting a copy of such proposed settlement agreement at or near the place where the citation is required to be posted.

2. A copy of the proposed settlement agreement being submitted to the Board Member shall be served by the employer on the authorized employee representative of affected employees in the manner prescribed in paragraph E.1 of this rule, if the employer has not been informed that the authorized employee representative has entered an appearance as of the date the proposed settlement agreement is signed by the employer.

3. A proposed settlement agreement shall not be approved by the Board Member until at least fifteen (15) days following service of the proposed settlement agreement on affected employees.

D. Other Documents

1. At the time of filing pleadings or other documents, a copy thereof shall be served by the filing party or intervenor on every other party or intervenor.

2. Service upon a party or intervenor who has appeared through a representative shall be made only upon such representative.

E. Proof of Service

1. Unless otherwise ordered, service may be accomplished by postage pre-paid first class mail or by personal delivery. Service is deemed effective at the time of mailing (if by mail) or at the time of personal delivery (if by personal delivery).

2. Proof of service shall be accomplished by a written statement which sets forth the date and manner of service. Such statement shall be filed with the pleading or document.

3. Where service is accomplished by posting, proof of such posting shall be filed not later than the first working day following the posting.

4. Where posting is required by this section, such posting shall be maintained until the commencement of the hearing or until earlier disposition.

The following state regulations pages link to this page.