WASHINGTON, D.C. 

FLRA Policy No. 1911.1

CONTINGENCY PLAN

FOR SHUTDOWN OF OPERATIONS

IN THE ABSENCE OF APPROPRIATIONS Issue Date: August 1, 2023

A. LAPSE PLAN SUMMARY OVERVIEW

Lapse Plan Summary Overview

Estimated time (to nearest half day) required to complete shutdown activities: 1/2 day

Total number of agency employees expected to be on board before implementation 

of the plan: 116 FTEs

Total number of employees to be retained under the plan for each of the following categories:

Compensation is financed by a resource other than annual appropriations: 0 FTEs

Necessary to perform activities expressly authorized by law: 0 FTEs

Necessary to perform activities necessarily implied by law: 0 FTEs

Necessary to the discharge of the President's constitutional duties and powers: 0 FTEs

Necessary to protect life and property: 4 FTEs

Brief summary of significant agency activities that will continue during a lapse:

The Federal Labor Relations Authority (FLRA) will investigate to resolve disputes 

involving a strike, work stoppage, slowdown, or picketing of an agency in a labormanagement dispute that interferes with an agency’s operations (5 U.S.C. § 7116(b)(7)) 

and that involves employees/agencies who protect life and property (e.g., border patrol

agents, air traffic controllers, meat inspectors, health care personnel, national-defense 

personnel).

Brief summary of significant agency activities that will cease during a lapse:

During a shutdown, most of the Agency will cease to operate. All FLRA activities, except 

as described above, will be paused. 
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B. GENERAL PROVISIONS

1. Purpose. The purpose of this policy is to establish procedures to govern the 

operations of the FLRA in the event of a lapse in appropriations. Office of Management and 

Budget (OMB) Bulletin 80-14, dated August 28, 1980 (and amended by the OMB Director’s 

memorandum of November 17, 1981), requires all agencies to maintain contingency plans in the 

event of an appropriations hiatus.

2. Cancellation. This policy cancels and supersedes FLRA Instruction No. 1911, 

Contingency Plan for Shutdown of Operations in the Absence of Appropriations, dated August 

20, 2019.

3. Definitions. 

a. “Chairman.” “Chairman,” as used herein, is the Chairman of the FLRA.

b. “Executive Director.” “Executive Director,” as used herein, is the 

Executive Director of the FLRA or his or her designee. 

 

4. References.

a. OMB Bulletin 80-14, dated August 28, 1980. 

b. Antideficiency Act, 31 U.S.C. §§ 1341–1342.

c. “Authority for the Continuance of Government Functions During a 

Temporary Lapse in Appropriations,” 5 Op. Office of Legal Counsel (OLC) 1 (1981). 

d. Department of Justice (DOJ) Advisory Opinion, dated August 16, 1995, 

Government Operation in the Event of a Lapse in Appropriations. 

e. Federal Service Labor-Management Relations Statute, 5 U.S.C. §§ 7101-

7135. 

f. OMB Circular A-11, Section 124 – Agency Operations in the Absence of 

Appropriations (2021)

C. POLICY. In the event of an appropriations hiatus, it is the FLRA’s policy to:

1. Commence the process of expeditiously shutting down the FLRA by securing 

files, property, and office facilities. 

2. Ensure that the FLRA meets its responsibilities to the parties under the Federal 
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Service Labor-Management Relations Statute, consistent with the requirements of the 

Antideficiency Act. 

3. Ensure that FLRA employees are fully informed as to the reasons for the 

shutdown; that there are avenues of communication for contacting employees when agency 

operations are to resume; and that payroll and other employee-benefit responsibilities are met.

D. RESPONSIBILITIES

1. The Chairman, as the FLRA’s chief executive and administrative officer, is 

responsible for ensuring that all determinations are made that are necessary to operate the FLRA 

during an appropriations hiatus. 

2. The Executive Director, or his or her designee, is responsible for ensuring the 

development, coordination, issuance, and maintenance of the FLRA Contingency Plan, and for 

ensuring that appropriate action is taken regarding the orderly shutdown of agency activities. 

3. The General Counsel (GC) is responsible for ensuring that regional offices take 

all actions necessary related to shutdown activities. 

4. The Chairman of the Federal Service Impasses Panel is responsible for 

ensuring that Panel activities are shut down in accordance with this plan.

5. Managers and supervisors are responsible for taking appropriate action, 

consistent with management guidance on suspension of operations in the absence of 

appropriations, which will be updated as needed, regarding the orderly shutdown of activities.

6. Employees are responsible for performing their orderly shutdown agency 

activities, encouraged to monitor local radio and television, and official Government websites, 

for information regarding recall for work after the suspension of agency activities. 

E. ORDERLY SHUTDOWN ACTIVITIES

1. Upon notification of an appropriations hiatus, agency employees will be 

advised to immediately begin an orderly shutdown of agency activities. The process of 

communicating the shutdown order, securing files and physical facilities, notifying parties of the 

cancellation of hearings, and canceling court appearances and meetings will take approximately 

one-half workday. After completion of shutdown activities, employees who are not necessary to 

perform essential agency activities or shutdown operations will be furloughed. 

2. Employees who are in a travel status when a funding hiatus occurs should 

communicate with their supervisor(s) immediately for instructions. 

3. OMB and DOJ guidance define essential employees as those necessary “to 

protect life and safeguard property and records.” Within this context, protection of life and 
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property by the FLRA occurs: 

To resolve disputes involving a strike, work stoppage, slowdown, or picketing of an 

agency in a labor-management dispute that interferes with an agency’s operations (5 U.S.C. § 

7116(b)(7)) and that involves employees/agencies who protect life and property (e.g., border 

patrol agents, air traffic controllers, meat inspectors, health care personnel, national-defense 

personnel). 

4. In the limited situation described above, a limited number of essential FLRA 

employees must be available:

a. To investigate work stoppage situations and make recommendations to the 

GC for issuance of an unfair-labor-practice complaint and the appropriateness of seeking 

temporary relief (including a restraining order) (5 U.S.C. § 7123(d)); and

b. If the GC issues a complaint, and the Authority grants the GC permission 

to seek such injunctive relief, to process the district court injunction action.

5. Only four of the FLRA’s employees are deemed necessary to perform the 

above tasks: the Chairman, the two Authority Members, and the GC. These four employees are 

each appointed by the President with the advice and consent of the Senate, under 5 U.S.C. 

§ 7104(b) and (f)(1). Attachment A lists these excepted staff that the FLRA has designated as 

essential to maintain the operations of the agency during an appropriations hiatus. 

6. During a shutdown period, an employee may not volunteer to do his or her job on 

an unpaid basis, nor may an agency accept such voluntary services of an individual, unless 

otherwise authorized by law (31 U.S.C. § 1342). 

F. GENERAL SHUTDOWN ACTIVITIES

1. All materials of a confidential nature will be identified and secured. 

2. Emergency situations (e.g., current or imminent labor disputes that are seriously 

adverse to the public interest) requiring immediate attention will be identified and brought to the 

attention of the appropriate management official. 

3. Telephone and email contacts will be made whenever required to advise parties in 

active cases, court personnel, contractors, and other members of the public of agency shutdown, 

and appropriate arrangements will be made for each situation. Incomplete contacts of this nature 

will be identified for follow-up by those staff members retained to operate the agency during a 

shutdown. 

4. Outgoing telephone messages should be recorded at all main-number extensions 

throughout the FLRA (e.g., Case Intake and Publication, Regional Offices, etc.) indicating to the 

public that the agency is temporarily closed due to a lapse in appropriations. A similar message 
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will be posted on the FLRA website and on the main, outside doors of HQ and Regional Offices.

5. These messages will advise the public of the shutdown and will specify that any 

unfair-labor-practice charges involving a strike, work stoppage, slowdown, or picketing of an 

agency in a labor-management dispute that interferes with an agency’s operations (5 U.S.C. § 

7116(b)(7)) and employees/agencies who protect life and property (e.g., border patrol agents, air 

traffic controllers, meat inspectors, health care personnel, national-defense personnel) must be 

filed with the GC’s National Office. Such notices will include necessary contact information for 

that office. 

6. No obligations may be incurred unless strictly required to effect shutdown or for 

protection of life and property. Although these obligations may be incurred, no funds may be 

disbursed. The Chairman will determine whether an obligation is required to effect shutdown or 

for the protection of life and property. 

7. Equipment will be made secure to the maximum extent possible. 

8. Managers and supervisors will secure files.

9. Managers and supervisors will compile contact information, including personal 

telephone numbers or personal email addresses, for all employees for which they are responsible 

in order for management and employees to disseminate information regarding return to work or 

the latest developments regarding agency appropriations.

This policy is effective on August 01, 2023.

Michael Jeffries

Executive Director
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ATTACHMENT A

Excepted Staff Deemed Necessary

Chairman 1

Authority Members 2

General Counsel 1

_____________

Total number of employees necessary to operate 

the agency during an appropriations hiatus. 4*

* In the event that the Chairman - or the GC for the OGC - determines that any FLRA employee needs to be 

contacted to resolve a dispute or other issue, the employee(s) would be contacted (at home) and designated as 

“essential” solely for the purpose of resolving the specific dispute or issue.