Finding E-Filing Was ‘Petition for Review,’ Second Circuit Will Consider NLRB Decision

The U.S. Court of Appeals for the Second Circuit held Nov. 12 that a petition filed by an International Brotherhood of Electrical Workers local complied with electronic filing procedures and satisfied the requirement that the National Labor Relations Board be served with a petition “stamped by the court with the date of filing” (Local Union 36, Int’l Bhd. of Elec. Workers v. NLRB).

The court rejected NLRB’s argument that IBEW’s petition for appellate court review of a board decision lacked a date stamp necessary to bring it under the terms of a federal statute governing the filing of ...