The National Labor Relations Board is temporarily closed due to a lapse in appropriated funds. Accordingly, the NLRB issued an order on October 1, 2013 postponing all elections and pre- and post-election hearings that have been scheduled between October 1, 2013 and October 11, 2013.  In the event of a continued closure, the order advised that elections and pre- and post-election hearings would be handled as follows:

1. Elections or pre- or post-election hearings scheduled during the period of October 14 through October 19 will be postponed indefinitely if, by close of business Tuesday, October 8, the NLRB is still without appropriate funding;

2. Elections or pre- or post-election hearings scheduled during the period of October 20 through October 26 will be postponed indefinitely if, by close of business Tuesday, October 15, the NLRB is still without appropriate funding;

3. Elections or pre- or post-election hearings scheduled to begin on or after October 27 will be postponed indefinitely if, by close of business on the Tuesday preceding the Monday of the week in which an election is scheduled, the NLRB is still without appropriate funding.

NLRB personnel consulted by Jackson Lewis attorneys before the government shutdown did not know how quickly postponed hearings and elections will be rescheduled.

In 1995, in connection with the last government shutdown, the NLRB issued a “Notice of Procedures to be Followed in the Event Board Offices are Closed Due to Lack of Appropriated Funds.”  The NLRB issued a similar notice on October 1, 2013.  Pursuant to these notices, the NLRB has granted an “automatic” extension of time for filing or serving any documents while it remains closed, as permitted by law.  Thus, for each day or any portion of a day the NLRB’s offices are closed, one day will be added to the time for filing or service of a document.  Although the six-month statute of limitations period to file an unfair labor practice charge under the National Labor Relations Act will not be extended, the NLRB will construe the phrase “Saturday, Sunday or a legal holiday” contained in its rules pertaining to filing and service, as including any day on which its offices are closed for all or any portion of the day due to a lack of appropriated funds.  Thus, days on which the NLRB’s offices remain closed for all or any portion of the day because of the shutdown will not be counted when calculating the limitations period for filing a charge.