NLRB Reopens on October 17, 2013 - Effect of Government Shutdown on Filing Deadlines

On October 1, 2013, the National Labor Relations Board closed due to a lapse in appropriated funds. As noted in the Federal Register notice which was posted on the Board’s public website during the shutdown [Federal Register Volume 78, Number 193 (Friday, October 4, 2013)], the Agency granted 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. 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.
For more information contact the Office of the Executive Secretary:
(202) 273-1940
e-filing@nlrb.gov