Section 1100.20  Filing and Service of Documents

a)         All documents relating to any proceeding before the Illinois Educational Labor Relations Board (the Board) shall be filed in either the Board's Springfield or Chicago office.  The original and seven copies of each document shall be filed in all proceedings before the members of the Board; the original and three copies of each document shall be filed in any proceeding before a Hearing Officer. Except as otherwise specified in the rules of the Board, documents shall be considered filed with the Board on the date they are received by the Board or on the date they are postmarked if sent by registered or certified mail.  Documents sent by any means other than registered or certified mail shall be considered filed on the date they are received by the Board, except that documents shall be considered filed on the date they are tendered to an overnight delivery service, if that service provides a receipt showing the date on which the documents were tendered for delivery.  A party may file a document by facsimile if the party also sends a hard copy.  A document filed by facsimile shall be considered filed with the Board on the date the Board receives the facsimile or the date the Board receives the hard copy of the document, whichever is first.  Filings by e-mail may be permitted with the approval of the General Counsel in any proceeding before the members of the Board;  with the approval of the hearing officer in any proceeding before a hearing officer; and with the approval of the Executive Director or Board Agent in any proceeding before the Executive Director.

b)         Whenever 80 Ill. Adm. Code: Subtitle C, Chapter III requires that a document be on a form developed by the Board, the document may be prepared on a form obtained from the Board or on a facsimile thereof.  Minor deviations in the form of a document shall not be grounds for objecting to the document.  Minor deviations are those deviations that involve form but not substance and thus do not prejudice any other party to the case.

c)         The Board will serve petitions, intervening claims and unfair labor practice charges on the appropriate parties by either personal service, registered or certified mail, or by leaving a copy at the principal office or place of business of the person required to be served.

d)         All documents, except those listed in subsection (c), will be served on the appropriate parties by the party propounding the document, either by the methods listed in subsection (c) or by first class mail or overnight delivery service.  A document filed by facsimile or e-mail may be served by the same means as it is filed.  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.  Subpoenas will be served by the party requesting the subpoena, but in the manner provided in subsection (c).

e)         Whenever a document is filed with the Board, it shall be accompanied by a certificate of service.  A certificate 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.  In the case of an e-mail, a signature on the certificate of service shall not be required.

f)          Failure of a party to serve a document or failure to attach a certificate of service may be grounds to strike the document, if the failure results in prejudice to another party (such as lack of notice or detrimental reliance) or demonstrates disregard of the Board's processes (such as continued noncompliance).

(Source:  Amended at 28 Ill. Reg. 7932, effective May 28, 2004)