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NLRB Issues Post-Shutdown Filing Deadlines

NLRB

By Michael J. Lotito

Now that the government shutdown has finally ended, federal agencies have been fielding questions about adjusted filing deadlines and procedures.

As previously discussed, when the shutdown first began, the National Labor Relations Board issued a directive granting parties an extension of time to file or serve any document “for which the grant of an extension is permitted by law.”

Now that the government has re-opened and the Board’s electronic filing system is back up and running, the agency released a notice clarifying the new deadlines.

New NLRB filing deadlines

According to the notice:

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. The Agency’s offices were closed for a total of 16 days.

Thus, if a document was due on October 8, 2013 it would now be due on October 24, 2013 (October 8 plus 16 days). As always, if the due date falls on a Saturday, Sunday or holiday, the document would be due the following business day.

Please note that a due date created prior to the shutdown on October 1, 2013 is “tolled” during the shutdown even if the original due date did not fall within the period of the shutdown. So, for example, if on September 23, 2013 the parties were assigned a due date of October 21, 2013 (which is after the Agency reopened on October 17, 2013), 16 days are added to the due date and the document(s) are now due by November 6, 2013.”

With respect to representation elections, hearings, and related events, it appears each NLRB Region is taking an individualized approach to scheduling. It will likely take a while before any degree of regularity in handling Board matters returns.

This was originally published on Littler Mendelson’s D.C. Employment Law Update blog. © 2013 Littler Mendelson. All Rights Reserved. Littler®, Employment & Labor Law Solutions Worldwide® and ASAP® are registered trademarks of Littler Mendelson, P.C.

Michael Lotito is a Shareholder in the San Francisco office of the labor law firm Littler Mendelson. He practices all aspects of traditional labor relations, including matters arising under the National Labor Relations Act. Contact him at mlotito@littler.com.