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