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Section 102.66(d) states that if the employer fails to timely furnish the required lists of employees, the employer will be precluded from contesting the appropriateness of the proposed unit at any time and from contesting the eligibility...

No.  The Statement of Position must be filed by noon in the time zone specified in the Notice of Representation Hearing on the due date.  Although the E-Filing terms state that documents will be considered timely filed if the E-Filing receipt reflects that the entire document was received by the Agency’s E-Filing system before midnight local time on the due date, that does not apply because the final rule provides that the Statement of Position is due at a specific time of day and the purpose of the filing (preparation for the hearing the next business day) would not be well-served if the Statement of Position is filed later than noon.

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