When the federal government shuts down, many agencies — including the National Labor Relations Board (NLRB or the “Board”) — scale back and, in some instances, suspend operations. For employers, this can create uncertainty about how to handle labor relations issues when the NLRB is not actively processing cases, conducting elections, or issuing rulings.
However, it is critical to remember that the National Labor Relations Act (NLRA) itself is still in effect. Most private employers, regardless of whether they are unionized, remain fully bound by its requirements, even if Board enforcement is temporarily delayed.
Below are key considerations for maintaining compliance and minimizing risk during this shutdown period.
1. Eligible employees can still engage in protected activity.
Even though the NLRB may not be operating at full capacity, employers must continue to respect employees’ rights to engage in protected concerted activity, including union organizing, collective bargaining, and certain workplace discussions about terms and conditions of employment. Any action that could be construed as an unfair labor practice (ULP) today may still be investigated and prosecuted once the Board reopens.
2. Collective Bargaining Obligations Continue
Employers with unionized workforces must continue to bargain in good faith. A shutdown does not excuse an employer from meeting with union representatives, exchanging proposals, or honoring the terms of existing collective bargaining...
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