Almost every year, the threat of a federal government shutdown looms, only to be averted at the last moment. This year, it’s actually happening for the first time since 2018, and in retrospect, this likely should have been expected in a year that’s anything but predictable.
If you didn’t see this coming, however, you are not alone. Multiple false alarms on the federal debt ceiling every year will do that, but it’s not too late to get up to speed on what this shutdown means for labor law procedure.
As of midnight on Oct. 1, the NLRB offices announced their closure due to lack of appropriated federal funds. Until the Senate passes a spending bill, the Board will remain shuttered, which leaves employers in limbo in a time when the Board has also lacked quorum for most of the year.
Employers’ Continuing Obligations
- Collective Bargaining: Both employers and unions must still meet existing obligations to come to the table.
- ULP Charges: Employers and unions can still file with processing delayed.
- Existing Deadlines: These will be tolled, so watch for Board notices to adjust timelines on petitions, charges, and other filings. Consult legal counsel to make sure you’re covered for every contingency.
- Don’t Do Anything Risky: The NLRA is not suspended, and any actions that could cause an alleged ULP will still have that effect.
The NLRB has also published a lengthy description of their limitations, which are summarized below.
What Halts During a Shutdown
- Board rulings: Neither administrative law judges nor the Board will be issuing rulings or guidance.
- Case processing: No representation petitions, ULP charges, or Board investigations will move forward.
- Elections and hearings: Union elections will be delayed, and scheduled hearings are canceled until further notice.
- Filing deadlines: These dates will be tolled until the shutdown ends and resume after the Board reopens.
What Doesn’t Halt During A Shutdown
- Emergency functions: NLRB staff can only act “to prevent an imminent threat to the safety of human life or the protection of property,” such as in the case of a strike or labor dispute gone awry.
And about that quorum: The Senate HELP Committee’s Oct. 1 hearing happened as scheduled for Trump Board nominees James Murphy and Scott Mayer. And yep, flip-flopping Sen. Josh Hawley grilled Mayer over his role as Boeing Co’s chief labor counsel, so the quorum might not end soon after all. As a result, we could see more states try to preempt the NLRA if these vacancies drag on much longer.
Conclusion: Employers must remember that the NLRA remains in force, no matter what some states might insist to the contrary. Keep track of shifting deadlines and stay prepared for business as usual from the Board.
Between the shutdown and the lack of quorum, 2025 has been the most unpredictable labor law year in recent memory. Keep that seatbelt buckled.
Did you know? The NLRB’s website is offline for the shutdown with both new and old cases inaccessible for viewing. However, LRI Consulting Services still has many of those bases covered. Our LRIRightNow databases remain online for union research with featured libraries and custom services. We will update with new cases after the shutdown ends.
