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The NLRB reopened from shutdown status on November 13, 2025. Due dates to file or serve most documents were tolled during the period of the shutdown, although due dates cannot be tolled for filing and service of unfair labor practice charges, applications for awards of fees and other expenses under the Equal Access to Justice Act, and certain representation petitions. For documents where tolling applies, the terms are that for each day on which the Agency’s offices were closed for all or any portion of the day, one day is added to the time for filing or service of the document. If the new due date falls on a weekend or holiday, the new due date will be moved to the next business day. For example, if the original due date was October 7, 2025 and the shutdown lasted 43 days, the revised due date is November 19, 2025. See chart for revised due dates.

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NLRB Extends Time for Submitting Comments on the Proposed Fair Choice and Employee Voice Rule

Office of Public Affairs

202-273-1991

publicinfo@nlrb.gov

www.nlrb.gov

November 29, 2022

To allow sufficient time for the public to file initial comments, the National Labor Relations Board (NLRB) has extended the deadline for submitting comments on its proposed rule addressing blocking charges, voluntary recognition, and construction industry bargaining relationships under the National Labor Relations Act.

Comments may now be filed on or before Thursday, February 2, 2023. Comments replying to the comments submitted during the initial comment period must be received by the Board on or before Thursday, February 16, 2023. Absent extraordinary circumstances, no further extensions of the comment deadline will be granted.

The Federal Register is expected to announce and publish this extension of time later this week.

The proposed rule would restore the Board’s prior law, including the longstanding principles reflected in the traditional “blocking charge” policy first adopted by the Board in 1937; the Board’s “voluntary recognition” bar doctrine first established in 1966 and refined in Lamons Gasket Co., 357 NLRB 934 (2011); and the Board’s approach to voluntary recognition in the construction industry as reflected in Casale Industries, 311 NLRB 951 (1993), and Staunton Fuel & Material, 335 NLRB 717 (2001).

Public comments are invited on all aspects of the proposed rule and should be submitted either electronically to regulations.gov, or by mail or hand-delivery to Roxanne Rothschild, Executive Secretary, National Labor Relations Board, 1015 Half Street S.E., Washington, D.C. 20570-0001.

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year.