80 Ill. Adm. Code 1200.20
Filing and Service of Documents
Section 1200
Section 1200.20Â Filing and
Service of Documents
a)        All documents may be filed in either the Board's Springfield
or Chicago office.
b)Â Â Â Â Â Â Â Â Whenever this Part or 80 Ill. Adm. Code 1210, 1220 or 1230
requires that a document be on a form developed by the Board, the document may
be prepared on a form obtained either from a Board office or from the Board's
website. Minor deviations in the form of a document shall not be grounds for
objecting to the document. Â Minor deviations are those concerning form rather
than substance that do not prejudice the other parties to a proceeding.
c)Â Â Â Â Â Â Â Â Documents may be filed by any of the following methods:
1)Â Â Â Â Â Â Â Â By actual delivery of documents to the Board;
2)Â Â Â Â Â Â Â Â By first class, registered or certified United States mail or
by commercial parcel delivery company; or
3)Â Â Â Â Â Â Â Â By email, to the Board's designated email address for
electronic filing, provided that any and all attachments are in Microsoft Word
format (.doc or .docx) or in Portable Document Form (.pdf). The Board may
direct parties to provide hard copies of documents filed by e-mail.
d)Â Â Â Â Â Â Â Â All
petitions and intervening claims filed in representation proceedings, and all amendments
to those documents, shall be served on the appropriate parties by the Board by
certified mail, by regular mail accompanied by affidavit or certificate of
service, or by email in accordance with subsection (h).
e)Â Â Â Â Â Â Â Â All documents, except those listed in subsection (d), shall be
served by the party filing the document on all other parties to the
proceedings. The following documents shall not be subject to this requirement:
1)Â Â Â Â Â Â Â Â position statements and evidence submitted to the Board in the
course of any investigation of an unfair labor practice charge;
2)Â Â Â Â Â Â Â Â position
statements and evidence submitted to the Board in the course of any
investigation of an objection to an election;
3)Â Â Â Â Â Â Â Â showing
of interest evidence described in Section 1210.80; and
4)Â Â Â Â Â Â Â Â evidence of majority support referenced in Section 1210.160(c).
f)Â Â Â Â Â When a party is represented in a proceeding before the Board,
service shall be on the party's representative. When a party is not
represented, service shall be on the party. Â The document shall not be
considered properly served unless accompanied by proof of service. Proof of
service shall consist of a written statement, signed by the party effecting
service, detailing the name of the party served and the date and manner of
service.
g)Â Â Â Â Â Â Â Â In all matters, a document shall be considered filed with the Board
on the date that it is:
1)Â Â Â Â Â Â Â Â postmarked;
2)Â Â Â Â Â Â Â Â tendered to a delivery service;
3)Â Â Â Â Â Â Â Â transmitted by e-mail, in accordance with Section
1200.20(c)(3); or
4)Â Â Â Â Â Â Â Â received before the close of the Board's business hours by
personal delivery in either of the Board's offices.
h)Â Â Â Â Â Â Â Â Service
by Email in Contested Board Proceedings
1)Â Â Â Â Â Â Â Â "Documents
issued by the Board in connection with a Board proceeding" include
complaints, notices of hearing, Executive Director dismissals, hearing orders,
recommended decisions and orders, and Board decisions and orders. Documents
issued by the Board in connection with a Board proceeding may be served by
email in lieu of other methods of service specified in this Part.
2)Â Â Â Â Â Â Â Â Any attorney representing a party to a
proceeding or other party representative
shall provide the Board with at
least one email address as required by Section 1200.70 and
shall accept service by email at that address.
A
party represented by an attorney may provide the email address of the attorney.
3)Â Â Â Â Â Â Â Â The
Board will request that unrepresented parties to a Board proceeding consent to
accept service by email of documents issued by the Board in connection with
that Board proceeding by designating an email address at which they will accept
service.
4)Â Â Â Â Â Â Â Â Any
person or entity providing such an email address shall update that email
address if it is changed. Any person or entity who regularly practices before
the Board shall verify that email address on an annual basis.
5)Â Â Â Â Â Â Â Â Any
person or entity who submits an email address under this Section may designate
up to two additional secondary email addresses at which the person or entity
consents to accept service. The Board shall serve the documents to both the
designated primary and secondary email addresses.
6)Â Â Â Â Â Â Â Â The
Board will not serve by email any documents that contain the following:
A)Â Â Â Â Â Â Â a
Social Security or individual taxpayer identification number;
B)Â Â Â Â Â Â Â a
driver's license number;
C)Â Â Â Â Â Â Â a
financial account number;
D)Â Â Â Â Â Â Â a
debit or credit card number;
E)Â Â Â Â Â Â Â any
other information that could reasonably be deemed personal, proprietary,
confidential, or trade secret information; or
F)Â Â Â Â Â Â Â Â any
information about or concerning a minor.
7)Â Â Â Â Â Â Â Â Service
by email is deemed complete on the day of transmission. The Board shall
confirm delivery by requesting an automated delivery receipt from the
recipient. If the Board does not receive a delivery receipt, the Board shall
contact the intended recipient and request an email confirmation that the
recipient has received the document. If the Board is unable to obtain written
confirmation that the recipient has received the document, the Board shall
serve the document by other means.