Employment Law Report

NLRB Announces its Government Shutdown Contingency Plan

By Edwin S. Hopson

The National Labor Relations Board released its government shutdown contingency plan which is posted on its website at:

http://www.nlrb.gov/sites/default/files/attachments/basic-page/node-1718/NLRB%20Contingency%20Plan%20Revised%20Draft%209-27-2013.pdf

It states that “[i]n the event of an appropriations hiatus, it is the policy of the NLRB to:

A. Commence the orderly and expeditious shutting down of all but emergency

NLRB functions by securing files, property, and office facilities.

B. Ensure that the NLRB meets its responsibilities to the parties in current unfair

labor practice and election case proceedings consistent with the Anti-Deficiency

Act.

C. Ensure that NLRB employees are fully informed as to the reasons for the

shutdown; and that payroll and other employee benefit responsibilities are met.

D. Ensure that the NLRB retains the ability to respond to unfair labor practice

incidents that might result in irreparable harm to the private sector economy.”

The plan states that 1600 of its 1611 employees will be furloughed in the event of a shutdown, which could happen tomorrow.

The plan assumes that NLRB headquarters will have a minimal staff on the job, namely, the NLRB’s Chairman, and four other Board Members, the Acting General Counsel, the Deputy/Assistant General Counsel, the Executive Secretary, Solicitor, Chief Information Officer and Chief of Security, a total of 11.  Contacts by the public with field offices will be by voicemail.