National Labor Relations Board Determines Parties May Submit E-Signatures to Support a Show of Interest

Electronic Signatures

In a September 1 memorandum, the National Labor Relations Board’s (NLRB) general counsel, Robert Griffin, issued guidance for accepting electronic signatures in support of a showing of interest, per the NLRB’s December 15, 2014 final rule that became effective on April 14, 2015. In its final rule, the NLRB concluded that its regulations were “sufficient to permit the use of electronic signatures” to support a showing of interest and called on Griffin to determine the standards for when and how electronic signatures should be accepted. Ultimately, Griffin determined that “the evidentiary standards that the Board has traditionally applied to handwritten signatures apply equally to electronic signatures and that it is practicable to accept electronic signatures in support of a showing of interest.” Current requirements for a support of showing of interest using handwritten signatures do not require the employee to provide personal contact information; however, the requirements Griffin outlined in the memorandum “are more stringent than what is currently required for non-electronic signatures,” including the prerequisite that an employee provide personal contact information when submitting electronic signatures. In accordance with Congress’s intention that the NLRB, and other Federal Agencies, “accept and use electronic forms and signatures, when practicable,” the NLRB will now accept electronic signatures along with handwritten signatures, effective immediately.