Following are the pertinent sections of fact sheets regarding the impact the government shutdown had on federal personnel disputes issued by the main agencies dealing with those appeals.
Merit Systems Protection Board
MSPB understands that this situation requires adjusting certain deadlines and other processing requirements in many appeals. Therefore, all filing and processing deadlines will be extended by the number of days the Federal Government is shut down. This extension applies to all deadlines before the MSPB, including those at the initial appeal and petition for review levels. The extension is automatic, so parties will not be required to request an extension nor will they be required to show good cause for an extension. This automatic extension does not apply, however, to any deadlines that passed before the date of the shutdown.
Further, any hearings, status conferences, or other matters scheduled with an administrative judge for a day when the Federal Government is shut down are postponed. Once the Federal Government reopens, the administrative judge will reschedule the event postponed by the shutdown. As indicated above, administrative judges are not available to answer questions or to address inquiries from the parties while the Federal Government is shutdown.
Equal Employment Opportunity Commission
Mediation Private and Federal Sector
Mediations scheduled to occur during the period that the federal government is closed are cancelled until further notice. This directive applies to mediation of private sector cases and mediation of Federal sector cases. When federal government operations resume, mediators will contact the parties in each matter to reschedule the mediation.
Federal Sector Hearings
EEOC will accept Federal Sector hearing requests during the shutdown. For parties involved in the Federal Hearings program, any hearing/proceeding before an Administrative Judge (AJ) (settlement conference, pre-hearing conference, mediation, hearing on a motion, or hearing on the merits) will be postponed until further notice. Similarly, deadlines for completing discovery or submitting motions are also suspended during the federal government shutdown. For any matters that were scheduled and postponed due to the shutdown, the parties should contact the AJ to reschedule. Regarding deadlines for discovery or to submit motions, the general rule will be that applicable deadlines will be extended by the number of days the government is shut down. AJs have discretion to modify deadlines as appropriate.
Federal Sector Appeals & Requests for Reconsideration
EEOC will accept Federal Sector appeals and requests for reconsideration during the shutdown. Please continue to follow the instructions given on the agency’s final order or the EEOC decision. We suggest all appeals and requests for reconsideration be sent by regular mail and not by facsimile. Regarding deadlines for briefs and complaint file submissions, the general rule will be that applicable deadlines will be extended by the number of days the government is shut down. This does not apply, however, to any deadlines that passed before the date of the shutdown.
Federal Labor Relations Authority
Filing and Service Time Limits That Will Be Extended
The FLRA announces that, except where prohibited by law or regulation (as listed), all filing and service time limits will be extended by the number of days that the Federal Government is shut down. This extension of time will be automatic, so parties will not be required to request an extension nor will they be required to show good cause for an extension. This extension does not apply, however, to any time limits that expired before the date of the shutdown.
Filing and Service Time Limits That Will Not Be Extended
The extension of time described above does not apply to the statutory time limits for filing ULP charges or election petitions with the Office of the General Counsel, or to the statutory time limits for filing applications for review of Regional Directors’ Decisions and Orders in representation cases, negotiability petitions, or exceptions to arbit