[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Notices]
[Pages 50648-50649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24251]



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NATIONAL LABOR RELATIONS BOARD


Notice of Procedures to be Followed in the Event Board Offices 
are Closed Due to Lack of Appropriated Funds

    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 Antideficiency Act, 31 U.S.C. 1341, 
et seq., due to the lack of appropriated funds.

1. Tolling of Time for Filing or Serving Certain Documents

    In the event the Board's offices are closed due to lack of 
appropriated funds, the Board hereby grants, sua sponte, an extension 
of time to file or serve any document for which the grant of an 
extension of time 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 and 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, Sec. 102.111(a), 29 C.F.R. 
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 provisions, 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) is to 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 attempt to file the 
charge during the interruption in the Board's operations by following 
the procedures outlined in the notice set forth below. Moreover, 
persons filing a charge are reminded that it is their responsibility, 
pursuant to Sec. 102.14 of the Board's Rules and Regulations, 29 C.F.R. 
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 the 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 lack of appropriated funds.

2. Notice To Be Posted in the Event of a Shutdown Due to Lack of 
Appropriated Funds

    In the event the Board's offices are closed due to lack of 
appropriated funds, the Board intends to post a copy of the following 
notice at each of its offices to advise the public of procedures to be 
followed during the period of the shutdown. In addition, a pre-recorded 
message 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.

    ``This ofice of the National Labor Relations Board is closed due to 
the lack of a budget appropriatio.

    Due to the lack of appropriated funds this office of the National 
Labor Relations Board is temporarily closed. This office will reopen 
when sufficient funding has been authorized by law. Only such 
Government activities necessary to prevent an imminent threat to the 
safety of human life or the protection of property may be undertaken in 
the absence of specific budget authority. If there is an imminent 
threat to the safety of human life or the protection of property as a 
result of a violation of the National Labor Relations Act, you should 
contact the __________ Regional Office, __________, at telephone number 
(    ) __________, FAX Number (    ) __________, for assistance. If the 
safety of human life or the protection of property is not subject to an 
imminent threat, you will have to wait until the Office resumes normal 
operations to be served. [Note: The addresses and phone numbers listed 
will vary from office to office. All possible choices are listed in 
part 3 of this Federal Register notice, below.]
    Timeliness of Charges, Petitions and other papers:
    Pursuant to Section 10(b) of the National Labor Relations Act, 29 
U.S.C. 160(b), complaint cannot issue on a charge alleging an unfair 
labor practice violation unless the charge is filed and served within 6 
months of the occurrence complained of. The operation of Section 10(b) 
during an interruption in Agency services as a result of a lack of 
funds is uncertain. If 

[[Page 50649]]
the 6-month period of Section 10(b) is to expire during the 
interruption in the Board's normal operations and your charge has not 
previously been filed and served, you can attempt to comply with 
Section 10(b) by serving a copy of the charge on the party charged and 
filing a copy of the charge with an office of the Board in a timely 
manner. Filing with the Board for this purpose may include service or 
attempted service upon the regional office named above by certified 
mail.
    During this period, you can attempt to serve petitions for 
certifications and all other time-sensitive documents by serving a copy 
on the proper party or parties and filing a copy of the document with 
an office of the Board in a timely manner. Filing with the Board for 
this purpose may include service or attempted service upon the regional 
office named above by certified mail.''

3. Addresses and Phone Numbers of Regional Offices that will be 
Staffed by Essential Personnel During the Period of Any Shutdown 
Due to Lack of Appropriated Funds

Region 1--Boston, 10 Causeway St., 6th Floor, Boston MA 02222-1072, 
Phone: (617) 565-6748, FAX No.: (617) 565-6725
Region 2--Manhattan, 26 Federal Plaza, Room 3614, New York, NY 10278-
0104, Phone: (212) 264-0330, FAX No.: (212) 264-8427
Region 7--Detroit, 477 Michigan Avenue, Room 300, Detroit, MI 48226-
2569, Phone: (313) 226-3210, FAX No.: (313) 226-2090
Region 10--Atlanta, 101 Marietta St., N.W., Atlanta, GA 30323-3301, 
Phone: (404) 331-2861, FAX No.: (404) 331-2858
Region 13--Chicago, 200 West Adams St., Chicago, IL 60606-5208, Phone: 
(312) 353-7608, FAX No.: (312) 886-1341
Region 17--Kansas City, 8600 Farley St., Suite 100, Overland Park, KS 
66212-4677, Phone: (913) 236-3001, FAX No.: (913) 236-3010
Region 19--Seattle, 915 2nd Ave, Room 2948, Seattle, WA 98174-1078 
Phone: (206) 220-6310, FAX No.: (206) 220-6305
Region 21--Los Angeles, 888 S. Figueroa St., 9th Floor, Los Angeles, CA 
90017-5455, Phone: (213) 894-5184, FAX No.: (213) 894-2778

    Dated, Washington, DC., September 26, 1995.

    By direction of the Board.
John J. Toner,
Acting Executive Secretary, National Labor Relations Board.
[FR Doc. 95-24251 Filed 9-28-95; 8:45 am]
BILLING CODE 7545-01-M