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Braced For Federal Government Shutdown: Agency Contingency Plans

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Braced For Federal Government Shutdown: Agency Contingency Plans

Federal government agencies have identified the agencies and/or functions that will be active or inactive during the shutdown period.  Notably, the EEOC, DOL, and NLRB plans are identified below.

EEOC Plan

The EEOC Shutdown Contingency Plan In The Event Of Lapsed Appropriations identifies activities that will continue during the shutdown.  According to the EEOC’s Plan, select activities will continue while others will not.

EEOC ACTIVITIES DURING GOVERNMENT SHUTDOWN:
Pursuant to the plan, only activities involving the safety of human life or the protection of property will continue. Specifically, EEOC will: preserve the rights of aggrieved individuals under the federal employment discrimination statutes by docketing new charges and federal sector appeals; continue to litigate lawsuits where a continuance has not been granted; examine new charges to determine whether prompt judicial action is necessary to protect life or property and, if appropriate, file such action to obtain preliminary relief; maintain the integrity and viability of EEOC's information systems; maintain the security of our offices and property; and perform necessary administrative support to carry out those excepted functions. The bulk of these activities would be handled by staff in our field offices.

EEOC ACTIVITIES THAT WILL NOT OCCUR DURING SHUTDOWN:
1.  Staff will not be available to answer questions from the public, or to respond to correspondence from the public.

2.  While we will accept charges that must be filed in order to preserve the rights of a claimant during a shutdown, these charges will not be investigated.

3.  Insofar as the courts grant EEOC's requests for extensions of time, EEOC will not litigate in the federal courts.

4.  Mediations will be cancelled.

5.  Federal sector hearings will be cancelled, and federal employees' appeals of discrimination complaints will not be decided.

6.  Outreach and education events will be cancelled.

7.  No FOIA requests will be processed.

NLRB Plan

The National Labor Relations Board (NLRB) Contingency Plan for Shutdown in the Absence of Appropriations is similar and identifies activities that will continue/discontinue. 

I. Services and programs that will remain operational

  • Necessary Court Actions to protect federal legal actions already taken.
  • Office of Inspector General hotline necessary for safety of life and protection of property.
  • Emergency contact necessary for safety of life and protection of property or to protect federal legal actions already taken.

II. Services and programs that will be closed

  • Casehandling
  • Information officer
  • Outreach and public affairs

III. Key citizen services that will be impacted

  •  Representation Case Petition Docketing, Investigations, Hearings and Elections
  •  Unfair Labor Practice Charge Docketing, Investigations, Hearings, Complaints, Settlements
  • District, Circuit and Supreme Court Litigation – injunctions, enforcement, contempt, intervening
  • Administrative Law Judge and Board Decisions
  • Resolution of Workplace Disputes – collective bargaining, protected concerted activities, representational issues
  • Resolution of Employee/Employer Disputes with Union
  • Remedial Action - Backpay, Reinstatement, Reimbursement of Union Dues and Fees, Bargaining Orders
  • Information Officer Services
  • Outreach and Public Affairs Services, including public website
  • Typical Inspector General Services

DOL Plan

The DOL’s agency by agency review, identifies agencies active or inactive during the shutdown. 

Agency Name

Will Have Activities During Shutdown Down

No Activities During Shutdown

Office of the Secretary

X

 

Benefits Review Board

X

 

Bureau of Labor Statistics

X

 

Employee Benefits Security Administration

X

 

Employment and Training Administration

X

 

International Labor Affairs Bureau

X

 

Mine Safety and Health Administration

X

 

Office of Administrative Law Judges

X

 

Office of Assistant Secretary for Administration and Management

X

 

Office of Chief Financial Officer

X

 

Office of Congressional and Intergovernmental Affairs

X

 

Office of EEOICPA Ombudsman

X

 

Office of Inspector General

X

 

Office of Labor Management Standards

X

 

Office of Public Affairs

X

 

Office of the Solicitor

X

 

Occupational Safety and Health Administration

X

 

Office of Workers Compensation Programs

X

 

Wage and Hour Division

X

 

Administrative Review Board

 

X

Employee Compensation Appeals Board

 

X

Office of Assistant Secretary for Policy

 

X

Office of Federal Contract Compliance Programs

 

X

Office of Disability Employment Policy

 

X

Office of Faith-Based and Neighborhood Partnerships

 

X

Office of Public Engagement

 

X

Office of Recovery for Auto Workers and Communities

 

X

Veterans Employment and Training Administration

 

X

Women's Bureau

 

X

The DOL’s plan also identifies the activities that will be conducted by the active agencies during the funding lapse.