[Federal Register Volume 66, Number 246 (Friday, December 21, 2001)]
[Notices]
[Pages 65998-65999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31534]


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NATIONAL LABOR RELATIONS BOARD


Order Delegating Authority to the General Counsel Before Chairman 
Peter J. Hurtgen, and Members Wilma B. Liebman and Dennis P. Walsh

December 14, 2001.
    The Board anticipates that in the near future it may for a 
temporary period have fewer than three Members of its statutorily-
prescribed full complement of five Members.\1\ The Board also 
recognizes that it has a continuing responsibility to fulfill its 
statutory obligations in the most effective and efficient manner 
possible. To assure that the Agency will be able to meet its 
obligations to the public, the Board has decided to temporarily 
delegate to the General Counsel full authority on all court litigation 
matters that would otherwise require Board authorization. This 
delegation shall be effective during any time at which the Board has 
fewer than three Members and is made under the authority granted to the 
Board under sections 3, 4, 6, and 10 of the National Labor Relations 
Act.
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    \1\ The five-Member Board presently has three Members, one of 
whom, Member Walsh, is in recess appointment which will expire at 
the sine die adjournment of the current session of Congress.
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    Accordingly, the Board delegates to the General Counsel full and 
final authority and responsibility on behalf of the Board to initiate 
and prosecute injunction proceedings under section 10(j) or section 
10(e) and (f) of the Act, contempt proceedings pertaining to the 
enforcement of or compliance with any order of the Board, and any other 
court litigation that would otherwise require Board authorization; and 
to institute and conduct appeals to the Supreme Court by writ of error 
or on petition for certiorari. This delegation shall be revoked 
whenever the Board has at least three Members.
    This delegation relates to the internal management of the National 
Labor Relations Board and is therefore, pursuant to 5 U.S.C. 553, 
exempt from the notice and comment requirements of the Administrative 
Procedure Act. Further, public notice and comment is impractical 
because of the immediate need for Board action. The public interest 
requires that this delegation take effect immediately.

[[Page 65999]]

    All existing delegations of authority to the General Counsel and to 
staff in effect prior to the date of this order remain in full force 
and effect. For the reasons stated above, the Board finds good cause to 
make this order effective immediately in accordance with 5 U.S.C. 
553(d).

    By direction of the Board.

    Dated: Washington, DC, December 18, 2001.
John J. Toner,
Executive Secretary.
[FR Doc. 01-31534 Filed 12-20-01; 8:45 am]
BILLING CODE 7545-01-P