[Federal Register Volume 78, Number 193 (Friday, October 4, 2013)]
[Notices]
[Pages 61869-61870]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24362]


=======================================================================
-----------------------------------------------------------------------

NATIONAL LABOR RELATIONS BOARD


Notice of Procedures To Be Followed in the Event Board Offices 
Are Closed Due to a Lapse in Appropriated Funds

AGENCY: National Labor Relations Board.

ACTION: The National Labor Relations Board is issuing this notice to 
advise the public of procedures to be followed in the event that Board 
offices are closed, in compliance with the Anti-Deficiency Act, 31 
U.S.C. 1341, et seq., due to a lapse in appropriated funds.

-----------------------------------------------------------------------

[[Page 61870]]

1. Timeliness and Filing of Charges, Petitions and Other Papers During 
a Shutdown

    In the event the Board's offices are closed due to a lapse in 
appropriated funds, documents may not be filed electronically at 
www.nlrb.gov. The Board hereby grants, sua sponte, an extension of time 
to file or serve any document for which the grant of an extension is 
permitted by law. The terms of the extension are that for each day on 
which the Agency's offices are closed for all or any portion of the 
day, one day shall be added to the time for filing or service of the 
document.
    Extensions of time for filing cannot apply to the 6-month period 
provided by Section 10(b) of the Act for the filing of charges, 29 
U.S.C. 160(b), or to Applications for awards of fees and other expenses 
under the Equal Access to Justice Act, 5 U.S.C. 504. However, with 
respect to time computations for filing and serving charges filed 
pursuant to Section 10(b) or applications filed pursuant to the Equal 
Access to Justice Act, the Board hereby gives notice of its intention 
to construe the phrase ``Saturday, Sunday, or a legal holiday'' in its 
rules pertaining to filing and service, Section 102.111(a), 29 CFR 
102.111(a), to encompass any day on which the Agency's offices are 
closed for all or any portion of the day due to lack of appropriated 
funds.
    Notwithstanding the foregoing, persons wishing to file a charge 
pursuant to Section 10(b) of the Act, and for whom the 6-month period 
of Section 10(b) may expire during the interruption in the Board's 
normal operations, are cautioned that the operation of Section 10(b) 
during an interruption in the Board's normal operations is uncertain. 
Consequently, it would be prudent to file the charge during the 
interruption in the Board's operations by faxing a copy of the charge 
to the appropriate Regional Office. The fax numbers for Regional 
Offices may be found on the Agency's Web site, www.nlrb.gov.
    Moreover, persons filing a charge are reminded that it is their 
responsibility, pursuant to Section 102.14 of the Board's Rules and 
Regulations, 29 CFR 102.14, to serve a copy of the charge upon the 
person against whom the charge is made. While Regional Directors 
ordinarily serve a copy of the charge on a person against whom the 
charge is made as a matter of courtesy, they do not assume 
responsibility for such service, and it is unlikely that the Agency 
will be able to serve charges during any period of shutdown due to a 
lapse in appropriated funds.

2. Postponement of Unfair Labor Practice Hearings Before Administrative 
Law Judges

    In the event the Board's offices are closed due to a lapse in 
appropriated funds, the parties to hearings before an Administrative 
Law Judge scheduled for the first week of the closure will be notified 
that the hearing has been postponed.
    In every case with a hearing scheduled to begin during the week of 
October 7, 2013, if by the close of business on Friday, October 4, 
2013, there has been no appropriations bill enacted into law or 
legislation authorizing the Board to operate during the week of October 
7, 2013, the hearing will be postponed indefinitely.
    In every case with a hearing scheduled to begin on or after October 
14, 2013, if by the close of business on the Monday preceding the 
Monday of the week in which the hearing is scheduled there has been no 
appropriations bill enacted into law or legislation authorizing the 
Board to operate during the week in which the hearing is scheduled, 
then the hearing will be postponed indefinitely. For example, if there 
has been no appropriations bill enacted by the close of business 
Monday, October 7, 2013, all hearings scheduled for the week of October 
14, 2013 will be postponed indefinitely.

3. Postponement of Representation Elections and Hearings

    All elections and pre and post election hearings scheduled to be 
conducted any day from October 1, through October 11, 2013 have been 
postponed indefinitely.
    In the event the Board's offices are closed due to a lapse in 
appropriated funds, in every case with an election or pre or post 
election hearing scheduled to be conducted on or after October 14, 
2013, if by the close of business on the Tuesday preceding the Monday 
of the week in which the election or pre or post election hearing is 
scheduled there has been no appropriations bill enacted into law or 
legislation authorizing the Board to operate during the week in which 
the election or pre or post election hearing is scheduled to be 
conducted, then the election or pre or post election hearing will be 
postponed indefinitely. For example, if there has been no 
appropriations bill enacted by the close of business Tuesday, October 
8, 2013, all elections and pre and post election hearings scheduled to 
be conducted during the week of October 14, 2013 will be postponed 
indefinitely.
    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.

4. Notice To Be Posted in the Event of a Shutdown Due to a Lapse in 
Appropriated Funds

    In the event the Board's offices are closed due to a lapse in 
appropriated funds, the Board will post this notice on its Web site, 
www.nlrb.gov. A related notice will be posted at each of its offices to 
advise the public of procedures to be followed during the period of the 
shutdown. In addition, the recorded message set forth below will be 
available on the main phone numbers in each of the Agency's offices to 
provide persons with information regarding how to contact the Agency 
during the shutdown: ``You have reached [OFFICE NAME] at the National 
Labor Relations Board. The Agency is currently closed due to a lapse in 
appropriated funds. You may leave a message after the tone, but this 
voicemail will not be monitored during the shutdown, and your call will 
not be returned until after the Agency resumes normal operations. 
Please consult the Agency Web site at www.nlrb.gov for information on 
the effect of the shutdown on filing deadlines, scheduled hearings, 
representation elections, and the timeliness of charges and petitions. 
If you are calling about an imminent threat to human life or property 
as a result of a violation of the National Labor Relations Act, you 
should call (202) 273-1000, send a fax to (202) 273-4483, or send an 
email to EmergencyContact@NLRB.gov. Thank you.''

FOR FURTHER INFORMATION CONTACT: Gary Shinners, Executive Secretary, 
National Labor Relations Board, 1099 14th Street NW., Washington, DC 
20570, (202) 273-3737 (this is not a toll-free number), 1-866-315-6572 
(TTY/TDD).

    By direction of the Board.

    Dated: Washington, DC, October 1, 2013.
William B. Cowen,
Solicitor.
[FR Doc. 2013-24362 Filed 10-3-13; 8:45 am]
BILLING CODE 7545-01-P