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Executive Summary: The National Labor Relations Board has released a notice of procedures that will apply during the shutdown of government agencies resulting from the failure of Congress to reach an agreement on appropriations. The Notice will be published in the Federal Register and is available at: http://mynlrb.nlrb.gov/documents/FRNGovernmentShutdown2013.pdf.
Because documents cannot be filed electronically on the Board's web site during the shutdown, the Board has granted an extension of time to file or serve any document "for which the grant of an extension is permitted by law." The extension provides that one day is added to the time for filing or service for each day the office is closed for all or a portion of the day. Extensions of time do not apply to the 6-month period provided by § 10(b) for filing unfair labor practice (ULP) charges or to applications for awards of fees and other expenses under the Equal Access to Justice Act (EAJA). However, with respect to computing the time frame for filing and serving ULP charges or applications under the EAJA, the Board has stated that it intends to treat any day the office is closed for all or part of the day as a "Saturday, Sunday, or legal holiday" under its filing and service rules.
The Notice acknowledges that the operation of § 10(b) during an interruption in the Board's normal operations is "uncertain" and encourages those who wish to file a charge during this period to do so by faxing a copy of the charge to the appropriate Regional Office.
Postponement of ULP Hearings
The Notice of Procedures states that ULP hearings scheduled for the first week of the closure have been postponed. Additionally, hearings scheduled for the week of October 7, 2013, will be postponed indefinitely if no appropriations bill or other legislation authorizing the agency to operate has been enacted by October 4, 2013. Hearings scheduled to begin on or after October 14, 2013, will be postponed indefinitely if no legislation authorizing the agency to operate has been enacted by the Monday preceding the Monday of the week in which the hearing is scheduled.
Postponement of Representation Elections and Hearings
The Notice also states that elections and pre- and post-election hearings scheduled to be conducted any day from October 1 through October 11, 2013, have been postponed indefinitely. Elections and pre- and post-election hearings scheduled to be conducted on or after October 14 will be postponed if no legislation authorizing the Board to operate during the week the election or hearing is scheduled has been enacted by the close of business on the Tuesday preceding the Monday of the week in which the election or hearing is scheduled. The Board has stated that "in each case until the election is postponed per the schedule noted above, it is the Employer's obligation to post the Notice of Election for 3 full working days prior to the day of the election and failure to do so shall be grounds for setting aside the election."
Topics: Government Shutdown, NLRB
Election & Politics Law Updates, Labor & Employment Law Updates