Computation and Extensions of Time; Service

Section 1300.90  Computation and Extensions of Time; Service a)         In computing any period of time prescribed by the Act or this Part, the designated period of time begins to run the day after the act, event or default and ends on the last day of the period so computed.  If the last day falls on a Saturday, Sunday or legal holiday, the time period shall be automatically extended to the next day that is not a Saturday, Sunday or legal holiday. b)         When a time period prescribed under the Act or this Part is less than 7 days, intervening Saturdays, Sundays or legal holidays shall not be included. c)         Service of Documents 1)         Service of a document upon a party by mail shall be presumed complete 3 days after mailing, if proof of service shows the document was properly addressed.  This presumption may be overcome by the addressee, with evidence establishing that the document was not delivered or was delivered at a later date.  A party's failure to accept or claim a document served by mail shall not be grounds for overcoming the presumption. 2)         Service of a document upon a party by e-mail shall be presumed complete on the day that the document is transmitted via e-mail. This presumption may be overcome by the addressee, with evidence establishing that the document was not delivered, was delivered at a later date or was not accessible by the party.  A party's failure or refusal to open a document served by e-mail shall not be grounds for overcoming the presumption. d)         Due to the nature of the proceedings at issue in this Part and the compressed timeline provided by Section 6.1 of the Act, the Board may use U.S. Mail, hand delivery and e-mail as methods of transmitting and filing certain documents in processing gubernatorial designations. 1)         The original designation must be transmitted to the Board in its Springfield office as described in Section 1300.50. 2)         Service of designations by the Board may be accomplished by U.S. Mail, hand delivery or e-mail. 3)         Objections to designations must be transmitted to the Board in its Springfield or Chicago office and to other parties as described in Section 1300.60.  Objections to designations must be received by the Board in its Springfield or Chicago office within 10 days after the date of service of the designation on the objecting party. 4)         The recommended decision and order of the ALJ will be served on the parties to the proceeding by e-mail only. 5)         Exceptions to the recommended decision and order of the ALJ will be filed with the Board by e-mail only at ILRB.Filing@illinois.gov and will be served on all other parties via e-mail subject to the following: A)        In cases in which an employee subject to the designation is not represented by a collective bargaining representative, an employee filing exceptions under this Section shall serve the exceptions upon the employer at its e-mail address. B)        In cases in which an employee subject to the designation is represented by a collective bargaining representative or is the subject of a petition for representation that is pending before the Board at the time of the filing of the designation, an employee filing exceptions under this Section shall serve the exceptions upon the employer at its e-mail address and on the collective bargaining representative at its e-mail address.  A collective bargaining representative filing exceptions under this Section shall serve the exceptions upon the employer at its e-mail address and on each employee whose position is the subject of the objection at his or her e-mail address. e)         Requests for postponements of hearings shall be filed in accordance with Section 1300.100.  Requests for postponements of other deadlines, as well as requests for extensions for the filing of briefs or exceptions, must be made before the then existing deadlines.  Except for good cause shown, no request for postponement will be granted on any of the 3 days immediately preceding the date of a hearing.  For purposes of this Section, good and sufficient cause may include a showing to the satisfaction of the Board or its agents that a postponement or extension will result in settlement of the case.  Such a request will only be granted in extraordinary circumstances after consideration of its potential impact on the Board's ability to meet the time requirements of the Act and limited to the following circumstances: 1)         all requests must be in writing, directed to the Board agent responsible for the proceeding (designated in the Notice of Hearing); 2)         the grounds for the request must be set forth in detail; 3)         the requesting party must specify alternative dates for scheduling the hearing or conference or for the due date of any documents; 4)         the position of all parties concerning both the postponement or extension requested and the proposed alternative dates must be ascertained in advance by the requesting party and set forth in the request; and 5)         the request is made for a continuance to a date and time certain; in no event shall an indefinite continuance be granted.