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🗞️ NLRB Shutdown Ends: Brief Closure Follows Record 43-Day Standoff

The NLRB experienced a 3-day partial government shutdown from Feb. 1-3, 2026, halting operations. This follows a record 43-day shutdown in fall 2025. The 6-month statute of limitations for unfair labor practice charges continued during both closures.

onthelaborfront

03 Feb 2026 — 3 min read

The National Labor Relations Board was affected by a partial government shutdown that began Saturday, February 1, 2026, when funding expired at midnight on January 31, 2026. President Trump signed legislation ending the shutdown on Tuesday, February 3, 2026, after the House voted 217-214 to approve the funding package.

This brief 3-day partial shutdown marks the second time the NLRB has closed in recent months. The agency previously experienced a record 43-day shutdown from October 1 to November 12, 2025, which furloughed approximately 1,235 employees and created a massive case backlog that the agency is still working to clear.

During shutdowns, the NLRB suspends nearly all operations, including processing representation petitions, conducting union elections, investigating unfair labor practice charges, holding administrative hearings before Administrative Law Judges, and issuing Board decisions. The agency's website remains accessible but is not actively maintained. E-filing systems continue to accept submissions, which are processed once operations resume.

According to the NLRB's shutdown notice from January 30, 2026, the Board tolls most filing deadlines during closures—meaning for each day offices are closed, one day is added to filing deadlines. However, there is a critical exception: the six-month statute of limitations for filing unfair labor practice charges continues to run during shutdowns. This creates significant risk for workers whose claims might expire during prolonged closures.

The NLRB has been operating under extraordinary constraints throughout 2025 and into 2026. After President Trump terminated Board Member Gwynne Wilcox on January 27, 2025, the agency lacked the three-member quorum required to issue decisions for most of the year. This quorum was finally restored on December 18, 2025, when the Senate confirmed James Murphy and Scott Mayer, establishing a Republican majority.

The brief February 2026 shutdown was vastly different from the fall 2025 closure because it was only a partial shutdown—Congress had already passed half of the year's funding bills, ensuring several agencies continued operating. The shutdown ended with a two-week funding extension for the Department of Homeland Security (through February 17, 2026) and full-year appropriations for most other government operations through September 2026.

Despite the shutdowns, the National Labor Relations Act itself remains in effect. Employers remain bound by its requirements, and employee rights to organize, bargain collectively, and engage in protected concerted activity continue uninterrupted—even when enforcement mechanisms are temporarily unavailable.

The NLRB faces mounting challenges including a substantial case backlog from the 43-day shutdown, reduced staffing levels, and a reduced budget allocation for fiscal year 2026 ($294 million, approximately $5 million less than fiscal year 2025 funding).

Key Points

Current Shutdown: February 1-3, 2026 (3 days) - ENDED
Previous Shutdown: October 1 - November 12, 2025 (43 days)
Current Status: Operations resumed February 3, 2026
Critical Risk: 6-month statute of limitations for ULP charges runs during ALL shutdowns
Operations Suspended: Union elections, ULP investigations, hearings, case processing, Board decisions
Filing Deadlines: Most tolled during shutdowns; ULP charge deadlines and certain representation petition deadlines NOT tolled
Website: Remains accessible but not maintained during shutdowns; e-filing accepts submissions
Current Quorum: Restored December 18, 2025 with Republican majority
Backlog: Substantial case delays from 43-day fall shutdown still being cleared
Emergency Contact: (202) 273-2000 for imminent threats during any future shutdown