[Federal Register Volume 60, Number 216 (Wednesday, November 8, 1995)]
[Rules and Regulations]
[Pages 56232-56237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27627]



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[[Page 56233]]


NATIONAL LABOR RELATIONS BOARD

29 CFR Part 102


Procedural Rules

AGENCY: National Labor Relations Board.

ACTION: Final rules.

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SUMMARY: The National Labor Relations Board is revising in several 
respects its rules that govern filing and service of papers. The 
principal revisions include permitting parties to file unfair labor 
practice charges, petitions in representation proceedings, and 
objections to elections by facsimile transmission, to permit the Board 
to serve certain documents by regular mail, rather than by other more 
expensive means, and generally to reorganize and modify certain 
portions of the rules pertaining to filing and service. The revisions 
are being adopted in order to expand the use of facsimile technology to 
the service of charges, representation petitions, and election 
objections, to reduce the cost to the agency of the prior requirements 
that certain documents be served by certified or registered mail, and 
to update certain other procedural aspects of the filing and service 
requirements. The intended effect of the revisions is to permit parties 
and the Board to take greater advantage of facsimile technology, to 
reduce the cost of serving certain documents, and to update the rules 
in other respects.

EFFECTIVE DATE: December 8, 1995.

FOR FURTHER INFORMATION CONTACT: John J. Toner, Acting Executive 
Secretary, 1099 14th Street, N.W., Room 11602, Washington, D.C. 20570-
0001; Telephone: (202) 273-1934.

SUPPLEMENTARY INFORMATION: In 1990, the National Labor Relations Board 
recognized that the use of facsimile systems was becoming more 
prevalent in both the private and public sectors by modifying 
Sec. 102.114 of its rules to permit certain documents to be served by 
facsimile transmission. The Board's approach at that time was to move 
cautiously into this new technological arena, taking into account the 
limited number of facsimile machines then available throughout the 
Agency. Thus, the rule permitted facsimile transmissions of requests 
for extensions of time, prohibited facsimile transmissions of most 
other formal documents, and permitted facsimile transmissions of all 
other documents subject to advance approval, in each instance, by the 
receiving office. At that time, the Board contemplated that the subject 
of facsimile transmissions would be revisited periodically and 
reevaluated based on experience, technological improvements, and 
current costs.
    Having had several years of experience under this rule, the Board 
now has determined that it would be appropriate to permit unfair labor 
practice charges, petitions in representation proceedings, and 
objections to elections to be filed by facsimile transmission. These 
documents tend to be short, usually only one or a few pages in length, 
so their permitted transmission would not interfere with the Agency's 
use of its machines for its own purposes. Moreover, filing of unfair 
labor practice charges sometimes is time-sensitive, particularly in 
statutory priority cases since a Region needs to have a charge before 
it can begin its investigation. Modifying the rules to permit these 
three types of documents to be filed by facsimile transmission will 
have the salutary effect of according parties faster means of access to 
the Board's processes.
    Additionally, the Board recently has been studying means by which 
it can reduce the cost of the services it renders without reducing the 
quality of those services. One means of accomplishing this objective is 
to utilize regular mail, rather than certified or registered mail, in 
appropriate circumstances. Sending a piece of correspondence by 
certified mail costs $1.00 in addition to the regular first class 
postage. The U.S. Postal Service charges $1.10 for a return receipt in 
addition to the certified and first class postage costs. In Fiscal Year 
1992 the Agency spent approximately $321,304 for the use of certified 
mail, of which approximately $145,546 was attributable to return 
receipt expenses. In an era of diminishing resources, a reduction in 
these costs was quickly identified as a goal to be pursued.
    The National Labor Relations Act, 29 U.S.C. 161(4), provides that:

    Complaints, orders and other process and papers of the Board, 
its member, agent, or agency, may be served either personally or by 
registered or certified mail or by telegraph or by leaving a copy 
thereof at the principal office or place of business of the person 
required to be served.

    This section of the Act never has been understood to require that 
every piece of paper that the Board issues be served by one of these 
methods. Nevertheless, under the Board's present rules certain 
documents, such as unfair labor practice charges, traditionally have 
been served by certified mail even though the statute does not require 
it. The new rules change this by more clearly delineating the 
circumstances under which various formal or informal methods of service 
are to be utilized.
    In drawing distinctions between the types of documents required to 
be served by the formal methods required by the statute and documents 
that may be served by less formal methods, the Board has been guided by 
the dictates of due process. Accordingly, the rules will continue to 
require use of the statutorily prescribed methods to serve: complaints 
and accompanying notices of hearing, compliance specifications, and 
amendments to either complaints or to compliance specifications, upon 
all parties (Sec. 102.113(a)); final orders of the Board in unfair 
labor practice cases, and administrative law judges' decisions, upon 
all parties (Sec. 102.113(b)); and subpoenas upon the recipient 
(Sec. 102.113(c)). All other documents, including unfair labor practice 
charges (see Sec. 102.14), may be served by other methods, including 
regular mail (Sec. 102.113(d)).
    Finally, during the course of preparing the foregoing revisions, 
the Board identified several other areas in which the filing and 
service requirements should be updated. These are discussed under the 
specific sections in which the changes are included.
    Section 102.14, dealing with service of unfair labor practice 
charges, is being divided into three subsections. New Sec. 102.14(a) 
continues, without change, the requirement that it is the 
responsibility of the charging party to timely serve a copy of the 
charge upon the person against whom the charge is made. To this 
provision is added a sentence detailing the means by which a charge can 
be served. This provision, formerly contained in Sec. 102.114(a), is 
moved here in an effort to keep provisions relating to the service of 
charges in a single section. At the same time, the means by which a 
charge may be served are expanded to include regular mail and, with the 
permission of the charged party, facsimile transmission or any other 
means.
    New Sec. 102.14(b) is taken from the second sentence in former 
Sec. 102.14. That provision is modified to make perfectly clear that 
service of a copy of the unfair labor practice charge by the Regional 
Director is a matter of courtesy, rather than of right, and to add a 
provision allowing the Regional Director to serve this copy of the 
charge by facsimile transmission.
    New Sec. 102.14(c) incorporates provisions from Sec. 102.112 with 
respect to the date of service of a document. Like the new 
Sec. 102.112, this provision addresses the use of private delivery 

[[Page 56234]]
services or facsimile transmission, as well as personal service or 
service by mail.
    Section 102.112, dealing with dates of service and dates of filing, 
is modified to include references to service by private delivery 
service or facsimile transmission. When documents are served by private 
delivery service the date of service is, like with the use of United 
States mail, the date of deposit with the delivery service. When 
service is by facsimile transmission, the date of service is the date 
on which the transmission is received.
    Section 102.113 is modified in several respects. Former 
Sec. 102.113(a) is divided into five parts, renumbered as 
Secs. 102.113(a) through 102.113(e). The new Secs. 102.113(a) through 
102.113(d) demarcate the situations in which service is or is not 
required to be made by registered or certified mail, telegraph, or 
personal service. While the former Sec. 102.113(a) set forth the means 
by which the Agency would serve unfair labor practice charges, that 
provision now has been moved to Sec. 102.14, where other provisions 
relating to service of unfair labor practice charges were and still are 
contained. Further, as noted above, that provision is modified so that 
unfair labor practice charges may be served by various means, including 
regular mail.
    The new Sec. 102.113(e) carries forward provisions formerly 
contained in Sec. 102.113(a) relating to methods for proving service. 
In addition, this new subsection now makes clear that these methods are 
not exclusive, and that ``any sufficient proof may be relied upon to 
establish service.''
    The new Sec. 102.113(f) carries forward the provisions of former 
Sec. 102.113(b) regarding service by the Agency upon the attorneys or 
other representatives of a party. The language is revised to make clear 
that service by the Board on such attorneys or other representatives 
``may be accomplished by any means of service permitted by these rules, 
including regular mail.''
    Section 102.114 is modified in several respects. Subsection 
102.114(a) is modified to delete the provision for other means of 
service provided for ``in a civil action by the law of the State . . 
.'' In its place, the new rule provides for service by regular mail or 
private delivery service and, with the permission of the person 
receiving the service, any other means including facsimile 
transmission. With regard to the methods of service when filing is done 
by hand, the new rule omits the provision that service be by mail or 
telegraph and substitutes a requirement that service be by a means that 
would ensure receipt by the next business day. Finally, the new rule 
makes clear that once a complaint issues the General Counsel, as a 
party to the proceeding, is subject to the same service requirements as 
any other party, except to the extent that Secs. 102.113(a) and 
102.113(c) provide otherwise. As noted under the discussion of 
Sec. 102.113, above, the Agency is required, in certain circumstances, 
to utilize more formal means of service than is permitted for other 
parties.
    The new Sec. 102.114(b) carries forward provisions from the former 
Sec. 102.114(a) with respect to means for proving service, modified in 
light of changes in the methods of service that are permitted under the 
new rules. In addition, this new subsection now makes clear that these 
methods are not exclusive, and that ``any sufficient proof may be 
relied upon to establish service.''
    The new Sec. 102.114(c) was formerly part of Sec. 102.114(a). It is 
now moved to its own subsection, but without any substantive changes.
    Former Secs. 102.114(b) and 102.114(c) are renumbered to become new 
Secs. 102.114(d) and 102.114(e), respectively. They are not changed in 
any other respect.
    Former Sec. 102.114(d) is renumbered to become new Sec. 102.114(f). 
This subsection is amended to provide that unfair labor practice 
charges, petitions in representation cases, and objections to elections 
may be filed by facsimile transmission as a matter of right. Formerly, 
facsimile filings of these documents were prohibited. The section 
further provides that filing of these documents by facsimile is 
effective on the date of receipt by the agency. Finally, a provision is 
added admonishing persons attempting to file by facsimile transmission 
that a ``failure to timely file or serve a document will not be excused 
on the basis of a claim that transmission could not be accomplished 
because the receiving machine was off-line or busy or unavailable for 
any other reason.''
    Former Sec. 102.114(e) is renumbered to become new Sec. 102.114(g). 
This subsection is amended to delete the current prohibition on filing 
unfair labor practice charges, representation petitions, or objections 
to elections by facsimile transmission.
    Former Sec. 102.114(f) is renumbered to become new Sec. 102.114(h). 
This subsection is amended to conform to the new provisions in 
Sec. 102.114(a) under which parties may, under certain circumstances, 
refuse to accept facsimile transmissions.
    Further changes related to the filing by facsimile of charges, 
representation petitions, and election objections are being made to 
Secs. 102.11, 102.60, and 102.69. These sections currently require that 
unfair labor practice charges, representation petitions, and election 
objections, respectively, must be in writing and signed, and that an 
original and four copies be filed (five copies in the case of election 
objections under Sec. 102.69). These sections are being modified so 
that when someone files an unfair labor practice charge, a 
representation petition, or election objections by facsimile 
transmission, they ``shall also file an original for the Agency's 
records, but failure to do so shall not affect the validity of the 
filing by facsimile, if otherwise proper.'' The extra copies, still 
required when filing is accomplished by other means, need not be filed 
when filing is by facsimile transmission. Sections 102.11 and 102.60 
also are being amended to delete the general reference to declarations 
made ``under the penalties of the Criminal Code,'' and to substitute 
therefor a specific reference to declarations pursuant to 28 U.S.C. 
1746.
    Pursuant to section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.), the NLRB certifies that this rule will not have a 
significant impact on a substantial number of small businesses.

List of Subjects in 29 CFR Part 102

    Administrative practice and procedure, Labor management relations.

    Accordingly, 29 CFR Part 102 is amended as follows:

PART 102--RULES AND REGULATIONS, SERIES 8

    1. The authority citation for 29 CFR Part 102 continues to read as 
follows:

    Authority: Sec. 6, National Labor Relations Act, as amended (29 
U.S.C. 151, 156). Section 102.117(c) also issued under Section 
552(a)(4)(A) of the Freedom of Information Act, as amended (5 U.S.C. 
552(a)(4)(A)). Sections 102.143 through 102.155 also issued under 
Section 504(c)(1) of the Equal Access to Justice Act, as amended (5 
U.S.C. 504(c)(1)).

    2. Section 102.11 is revised to read as follows:


Sec. 102.11  Forms; jurat; or declaration.

    Such charges shall be in writing and signed, and either shall be 
sworn to before a notary public, Board agent, or other person duly 
authorized by law to administer oaths and take acknowledgments or shall 
contain a declaration by the person signing it, under the penalty of 
perjury that its contents are true and correct (see 28 

[[Page 56235]]
U.S.C. 1746). An original and four copies of such charge shall be filed 
together with one copy for each additional charged party named. A party 
filing a charge by facsimile pursuant to Sec. 102.114(f) shall also 
file an original for the Agency's records, but failure to do so shall 
not affect the validity of the filing by facsimile, if otherwise 
proper. In addition, extra copies need not be filed if the filing is by 
facsimile pursuant to Sec. 102.114(f).
    3. Section 102.14 is revised to read as follows:


Sec. 102.14  Service of charge.

    (a) Charging party's obligation to serve; methods of service. Upon 
the filing of a charge, the charging party shall be responsible for the 
timely and proper service of a copy thereof upon the person against 
whom such charge is made. Service may be made personally, or by 
registered mail, certified mail, regular mail, or private delivery 
service. With the permission of the person receiving the charge, 
service may be made by facsimile transmission or by any other agreed-
upon method.
    (b) Service as courtesy by Regional Director. The Regional Director 
will, as a matter of courtesy, cause a copy of such charge to be served 
by regular mail on the person against whom the charge is made. Such 
charges may, with the permission of the person receiving the charge, be 
served by the Regional Director by facsimile transmission. In this 
event the receipt printed upon the Agency's copy by the Agency's own 
facsimile machine, showing the phone number to which the charge was 
transmitted and the date and time of receipt shall be proof of service 
of the same. However, whether serving by facsimile, by regular mail, or 
otherwise, the Regional Director shall not be deemed to assume 
responsibility for such service.
    (c) Date of service of charge. In the case of service of a charge 
by mail or private delivery service, the date of service is the date of 
deposit with the post office or other carrier. In the case of service 
by other methods, including hand delivery or facsimile transmission, 
the date of service is the date of receipt.
    4. In Sec. 102.60, paragraph (a) is revised to read as follows:


Sec. 102.60  Petitions.

    (a) Petition for certification or decertification; who may file; 
where to file; withdrawal. A petition for investigation of a question 
concerning representation of employees under paragraphs (1)(A)(i) and 
(1)(B) of section 9(c) of the Act (hereinafter called a petition for 
certification) may be filed by an employee or group of employees or any 
individual or labor organization acting in their behalf or by an 
employer. A petition under paragraph (1)(A)(ii) of section 9(c) of the 
Act, alleging that the individual or labor organization which has been 
certified or is being currently recognized as the bargaining 
representative is no longer such representative (hereinafter called a 
petition for decertification), may be filed by any employee or group of 
employees or any individual or labor organization acting in their 
behalf. Petitions under this section shall be in writing and signed, 
and either shall be sworn to before a notary public, Board agent, or 
other person duly authorized by law to administer oaths and take 
acknowledgments or shall contain a declaration by the person signing 
it, under the penalty of perjury, that its contents are true and 
correct (see 28 U.S.C. 1746). An original and four copies of the 
petition shall be filed. A person filing a petition by facsimile 
pursuant to Sec. 102.114(f) shall also file an original for the 
Agency's records, but failure to do so shall not affect the validity of 
the filing by facsimile, if otherwise proper. In addition, extra copies 
need not be filed if the filing is by facsimile pursuant to 
Sec. 102.114(f). Except as provided in Sec. 102.72, such petitions 
shall be filed with the Regional Director for the Region wherein the 
bargaining unit exists, or, if the bargaining unit exists in two or 
more Regions, with the Regional Director for any of such Regions. Prior 
to the transfer of the case to the Board, pursuant to Sec. 102.67, the 
petition may be withdrawn only with the consent of the Regional 
Director with whom such petition was filed. After the transfer of the 
case to the Board, the petition may be withdrawn only with the consent 
of the Board. Whenever the Regional Director or the Board, as the case 
may be, approves the withdrawal of any petition, the case shall be 
closed.
* * * * *
    5. In Sec. 102.69, paragraph (a) is revised to read as follows:


Sec. 102.69  Election procedure; tally of ballots; objections; 
certification by the regional director; report on challenged ballots; 
report on objections; exceptions; action of the Board; hearing.

    (a) Unless otherwise directed by the Board, all elections shall be 
conducted under the supervision of the Regional Director in whose 
Region the proceeding is pending. All elections shall be by secret 
ballot. Whenever two or more labor organizations are included as 
choices in an election, either participant may, upon its prompt request 
to and approval thereof by the Regional Director, whose decision shall 
be final, have its name removed from the ballot: Provided, however, 
That in a proceeding involving an employer-filed petition or a petition 
for decertification the labor organization certified, currently 
recognized, or found to be seeking recognition may not have its name 
removed from the ballot without giving timely notice in writing to all 
parties and the Regional Director, disclaiming any representation 
interest among the employees in the unit. Any party may be represented 
by observers of its own selection, subject to such limitations as the 
Regional Director may prescribe. Any party and Board agents may 
challenge, for good cause, the eligibility of any person to participate 
in the election. The ballots of such challenged persons shall be 
impounded. Upon the conclusion of the election the ballots will be 
counted and a tally of ballots prepared and immediately made available 
to the parties. Within 7 days after the tally of ballots has been 
prepared, any party may file with the Regional Director an original and 
five copies of objections to the conduct of the election or to conduct 
affecting the results of the election, which shall contain a short 
statement of the reasons therefor. Such filing must be timely whether 
or not the challenged ballots are sufficient in number to affect the 
results of the election. A person filing objections by facsimile 
pursuant to Sec. 102.114(f) shall also file an original for the 
Agency's records, but failure to do so shall not affect the validity of 
the filing by facsimile, if otherwise proper. In addition, extra copies 
need not be filed if the filing is by facsimile pursuant to 
Sec. 102.114(f). The Regional Director will cause a copy of the 
objections to be served on each of the other parties to the proceeding. 
Within 7 days after the filing of objections, or such additional time 
as the Regional Director may allow, the party filing objections shall 
furnish to the Regional Director the evidence available to it to 
support the objections.
* * * * *
    6. Section 102.112 is revised to read as follows:


Sec. 102.112  Date of service; date of filing.

    The date of service shall be the day when the matter served is 
deposited in the United States mail, or is deposited with a private 
delivery service that will provide a record showing the date the 
document was tendered to the delivery service, or is delivered in 
person, as the case may be. Where service is made by facsimile 
transmission, the date of service shall be the date on which 

[[Page 56236]]
transmission is received. The date of filing shall be the day when the 
matter is required to be received by the Board as provided by 
Sec. 102.111.
    7. Section 102.113 is revised to read as follows:


Sec. 102.113  Methods of service of process and papers by the Agency; 
proof of service.

    (a) Service of complaints and compliance specifications. Complaints 
and accompanying notices of hearing, compliance specifications, and 
amendments to either complaints or to compliance specifications, shall 
be served upon all parties either personally or by registered or 
certified mail or by telegraph, or by leaving a copy thereof at the 
principal office or place of business of the person required to be 
served.
    (b) Service of final orders and decisions. Final orders of the 
Board in unfair labor practice cases and administrative law judges' 
decisions shall be served upon all parties either personally or by 
registered or certified mail or by telegraph, or by leaving a copy 
thereof at the principal office or place of business of the person 
required to be served.
    (c) Service of subpoenas. Subpoenas shall be served upon the 
recipient either personally or by registered or certified mail or by 
telegraph, or by leaving a copy thereof at the principal office or 
place of business of the person required to be served.
    (d) Service of other documents. Other documents may be served by 
the Agency by any of the foregoing methods as well as regular mail or 
private delivery service. Such other documents may be served by 
facsimile transmission with the permission of the person receiving the 
document.
    (e) Proof of service. In the case of personal service, or delivery 
to a principal office or place of business, the verified return by the 
individual so serving the same, setting forth the manner of such 
service, shall be proof of the same. In the case of service by mail or 
telegraph, the return post office receipt or telegraph receipt therefor 
when registered or certified and mailed or when telegraphed shall be 
proof of service of the same. However, these methods of proof of 
service are not exclusive; any sufficient proof may be relied upon to 
establish service.
    (f) Service upon representatives of parties. Whenever these rules 
require or permit the service of pleadings or other papers upon a 
party, a copy shall also be served on any attorney or other 
representative of the party who has entered a written appearance in the 
proceeding on behalf of the party. If a party is represented by more 
than one attorney or representative, service upon any one of such 
persons in addition to the party shall satisfy this requirement. 
Service by the Board or its agents of any documents upon any such 
attorney or other representative may be accomplished by any means of 
service permitted by these rules, including regular mail.
    8. Section 102.114 is revised to read as follows:


Sec. 102.114  Filing and service of papers by parties; form of papers; 
manner and proof of filing or service.

    (a) Service of papers by a party on other parties may be made 
personally, or by registered mail, certified mail, regular mail, or 
private delivery service. Service of papers by a party on other parties 
by any other means, including facsimile transmission, is permitted only 
with the consent of the party being served. Unless otherwise specified 
elsewhere in these rules, service on all parties shall be made in the 
same manner as that utilized in filing the paper with the Board, or in 
a more expeditious manner; however, when filing with the Board is done 
by hand, the other parties shall be promptly notified of such action by 
telephone, followed by service of a copy in a manner designed to insure 
receipt by them by the close of the next business day. The provisions 
of this section apply to the General Counsel after a complaint has 
issued, just as they do to any other party, except to the extent that 
the provisions of Secs. 102.113(a) or 102.113(c) provide otherwise.
    (b) When service is made by registered mail, or by certified mail, 
the return post office receipt shall be proof of service. When service 
is made by a private delivery service, the receipt from that service 
showing delivery shall be proof of service. However, these methods of 
proof of service are not exclusive; any sufficient proof may be relied 
upon to establish service.
    (c) Failure to comply with the requirements of this section 
relating to timeliness of service on other parties shall be a basis for 
either:
    (1) A rejection of the document; or
    (2) Withholding or reconsidering any ruling on the subject matter 
raised by the document until after service has been made and the served 
party has had reasonable opportunity to respond.
    (d) Papers filed with the Board, General Counsel, Regional 
Director, Administrative Law Judge, or Hearing Officer shall be 
typewritten or otherwise legibly duplicated on 8\1/2\ by 11-inch plain 
white paper, shall have margins no less than one inch on each side, 
shall be in a typeface no smaller than 12 characters-per-inch (elite or 
the equivalent), and shall be double spaced (except that quotations and 
footnotes may be single spaced). Carbon copies shall not be filed and 
will not be accepted. Nonconforming papers may, at the Agency's 
discretion, be rejected.
    (e) The person or party serving the papers or process on other 
parties in conformance with Sec. 102.113 and paragraph (a) of this 
section shall submit a written statement of service thereof to the 
Board stating the names of the parties served and the date and manner 
of service. Proof of service as defined in paragraph (a) of this 
section shall be required by the Board only if subsequent to the 
receipt of the statement of service a question is raised with respect 
to proper service. Failure to make proof of service does not affect the 
validity of the service.
    (f) Unfair labor practice charges, petitions in representation 
proceedings, objections to elections, and requests for extensions of 
time for filing documents will be accepted by the Agency if transmitted 
to the facsimile machine of the appropriate office. Other documents, 
except those specifically prohibited in paragraph (g) of this section, 
will be accepted by the Agency if transmitted to the facsimile machine 
of the office designated to receive them only with advance permission 
from the receiving office which may be obtained by telephone. Advance 
permission must be obtained for each such filing. At the discretion of 
the receiving office, the person submitting a document by facsimile may 
be required simultaneously to serve the original and any required 
copies on the office by overnight delivery service. When filing a 
charge, a petition in a representation proceeding, or election 
objections by facsimile transmission pursuant to this section, receipt 
of the transmitted document by the Agency constitutes filing with the 
Agency. A failure to timely file or serve a document will not be 
excused on the basis of a claim that transmission could not be 
accomplished because the receiving machine was off-line or busy or 
unavailable for any other reason.
    (g) Facsimile transmissions of the following documents will not be 
accepted for filing: Showing of Interest in Support of Representation 
Petitions, including Decertification Petitions; Answers to Complaints; 
Exceptions or Cross-Exceptions; Briefs; Requests for Review of Regional 
Director Decisions; Administrative Appeals from Dismissal of Petitions 
or Unfair Labor Practice Charges; Objections to Settlements; EAJA 
Applications; Motions for 

[[Page 56237]]
Summary Judgment; Motions to Dismiss; Motions for Reconsideration; 
Motions to Clarify; Motions to Reopen the Record; Motions to Intervene; 
Motions to Transfer, Consolidate or Sever; or Petitions for Advisory 
Opinions. Facsimile transmissions in contravention of this rule will 
not be filed.
    (h) Documents and other papers filed through facsimile transmission 
shall be served on all parties in the same way as used to serve the 
office where filed, or in a more expeditious manner, in conformance 
with paragraph (a) of this section. Thus, facsimile transmission shall 
be used for this purpose whenever possible. When a party cannot be 
served by this method, or chooses not to accept service by facsimile as 
provided for in paragraph (a) of this section, the party shall be 
notified personally or by telephone of the substance of the transmitted 
document and a copy of the document shall be served by personal service 
or overnight delivery service.

    Dated, Washington, DC, November 2, 1995.

    By direction of the Board.
John J. Toner,
Acting Executive Secretary, National Labor Relations Board.
[FR Doc. 95-27627 Filed 11-7-95; 8:45 am]
BILLING CODE 7545-01-P