[Federal Register Volume 66, Number 235 (Thursday, December 6, 2001)]
[Notices]
[Pages 63416-63417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30305]


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NATIONAL LABOR RELATIONS BOARD


Revision of Statement of Organization and Functions; Position of 
Deputy General Counsel

AGENCY: National Labor Relations Board.

ACTION: Revision of the description of the powers and duties of the 
Deputy General Counsel.

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SUMMARY: The National Labor Relations Board is revising the description 
of the powers and duties of the Deputy General Counsel to make plain 
that the Board's Deputy General Counsel is authorized to perform the 
functions and duties of the office of General Counsel upon the vacancy 
of the General Counsel's office.

EFFECTIVE DATE: December 6, 2001.

FOR FURTHER INFORMATION CONTACT: John J. Toner, Executive Secretary, 
1099 14th Street NW., Room 11600, Washington, DC 20570, Telephone: 
(202) 273-1936.

SUPPLEMENTARY INFORMATION: The National Labor Relations Board has 
determined that Sec. 3345(a)(1) of the Federal Vacancies Reform Act of 
1998, 5 U.S.C. 3345 et seq., authorizes the Board's Deputy General 
Counsel to perform the functions and duties of the office of General 
Counsel, upon the vacancy of the General Counsel's office. In pertinent 
part, Sec. 3345(a) provides:

    If an officer of an Executive agency * * * whose appointment to 
office is required to be made by the President, by and with the 
advice and consent of the Senate, dies, resigns, or is otherwise 
unable to perform the functions and duties of the office--
    (1) The first assistant to the office of such officer shall 
perform the functions and duties of the office temporarily in an 
acting capacity subject to the time limitations of section 3346.

    Historically, the provisions of section 3(d) of the National Labor 
Relations Act (29 U.S.C. 153(d)) have been the only mechanism for 
appointments to the position of Acting General Counsel. The Vancies Act 
is an alternative means of filing vacancies in positions appointed by 
the President subject to Senate confirmation, but, until 1988, that 
statute was applicable only to positions in cabinet departments. By 
amendment in 1988, Congress made the Vancies Act applicable to all 
``executive agencies,'' with the intent of expanding the scope of the 
statute to independent agencies such as the Board. Thus, although NLRA 
section 3(d) remains a valid mechanism for appointment to the position 
of Acting General Counsel, it is now clear that the Vacancies Act 
provides an alternative procedure and that the President can appoint an 
Acting General Counsel under that Act, under section 3(d) of the NLRA, 
or can allow the provisions of section 3345(a) to take effect.
    The Deputy General Counsel position is a ``first assistant'' 
position within the meaning of 5 U.S.C. 3345(a)(1). Although ``first 
assistant'' is not expressly defined in the statute, it was referred to 
in debate as a term of art that generally refers to the office holder's 
top deputy. The National Labor Relations Board's Statement of 
Organization and Functions makes clear that the Deputy General Counsel 
acts as the alter ego of the General Counsel and readily satisfies the 
functions of a ``first assistant:'' ``The Deputy General Counsel is 
vested with the authority to speak and act for the General Counsel in 
all phases of the responsibilities of the office to the full extent 
permitted by law * * *''
    Accordingly, the National Labor Relations Board is revising its 
statement of Organization and Functions, part 201, subpart A, section 
202, second paragraph (32 F.R. 9588, as amended by 37 F.R. 15956, 44 
F.R. 32415) to read as follows:
Sec. 202  The General Counsel.
* * * * *
    The Deputy General Counsel is vested with the authority to speak 
and act for the General Counsel in all phases of the responsibilities 
of the office to the full extent permitted by law and is responsible 
for overall coordination of the General Counsel's organization. The 
Deputy General Counsel position is a ``first assistant'' for purposes 
of section

[[Page 63417]]

3345(a)(1) of the Federal Vacancies Reform Act. References to the 
General Counsel hereinafter may refer to either the General Counsel or 
Deputy General Counsel collectively.
* * * * *

    Dated, Washington, DC, December 3, 2001.

    By direction of the Board.
John J. Toner,
Executive Secretary, National Labor Relations Board.
[FR Doc. 01-30305 Filed 12-5-01; 8:45 am]
BILLING CODE 7545-01-M