[Federal Register Volume 67, Number 227 (Monday, November 25, 2002)]
[Notices]
[Page 70628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29917]


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NATIONAL LABOR RELATIONS BOARD


Order Delegating Authority to the General Counsel; Before Members 
Wilma B. Liebman, William B. Cowen, and Michael J. Bartlett

November 19, 2002.
    The Board is faced with the prospect that it may for a temporary 
period have fewer than three Members of its statutorily prescribed full 
complement of five Members. The Board 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, the Board has decided to 
temporarily delegate to the General Counsel full authority to certify 
the results of any secret ballot election conducted under the National 
Emergency provisions of the Labor Management Relations Act, sections 
206-210, 29 U.S.C. 176-180.\1\ This delegation shall be effective 
during any time when 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\ On December 14, 2001, the Board previously delegated to the 
General Counsel, on the same basis, full authority on all court 
litigation matters that would otherwise require Board authorization, 
effective during any time when the Board has fewer than three 
Members. See 66 FR 65998 (December 21, 2001).
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    Accordingly, the Board delegates to the General Counsel full and 
final authority and responsibility on behalf of the Board to certify to 
the Attorney General the results of any secret ballot elections held 
among employees on the question of whether they wish to accept the 
final offer of settlement made by their employer pursuant to section 
209(b) of the Labor Management Relations Act, 29 U.S.C. 179(b). This 
delegation shall cease to be effective 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.
    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, including the December 14, 2001, delegation regarding court 
litigation authority and the April 1, 1955, delegation by the Board to 
the General Counsel of the authority and responsibility to conduct 
secret ballots pursuant to section 209(b) of the Labor Management 
Relations Act, 29 U.S.C. 179(b). 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 in Washington, DC, November 19, 2002.
Lester A. Heltzer,
Acting Executive Secretary, National Labor Relations Board.
[FR Doc. 02-29917 Filed 11-22-02; 8:45 am]
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