[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Notices]
[Pages 69768-69769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29014]


=======================================================================
-----------------------------------------------------------------------

NATIONAL LABOR RELATIONS BOARD


Order Contingently Delegating Authority to the General Counsel

AGENCY: National Labor Relations Board.

    Authority: Sections 3, 4, 6, and 10 of the National Labor 
Relations Act, 29 U.S.C. Sec. 3, 4, 6, and 10.


ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The National Labor Relations Board has issued an Order 
contingently delegating to the General Counsel full authority over 
court litigation matters that otherwise would require Board 
authorization and 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. These delegations shall become effective during any time at which 
the Board has fewer than three Members and shall cease to be effective 
whenever the Board has at least three Members.

DATES: This Order is effective November 3, 2011.

FOR FURTHER INFORMATION CONTACT: Lester A. Heltzer, Executive 
Secretary, National Labor Relations Board, 1099 14th Street NW., 
Washington, DC 20570, (202) 273-1067 (this is not a toll-free number), 
1-(866) 315-6572 (TTY/TDD).

SUPPLEMENTARY INFORMATION: The National Labor Relations Board 
anticipates that in the near future it may, for a temporary period, 
have fewer than three Members of its 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 to the greatest extent 
possible, the Board has decided to temporarily delegate to the General 
Counsel full authority on all court litigation matters that would 
otherwise require Board authorization, and 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. 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.
---------------------------------------------------------------------------

    \1\ The Board now has three Members, one of whom, Member Becker, 
is in recess appointment which will expire at the sine die 
adjournment of the current session of Congress.
---------------------------------------------------------------------------

    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. The Board also 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

[[Page 69769]]

Relations Act, 29 U.S.C. 179(b). These delegations shall become and 
remain effective during any time at which the Board has fewer than 
three Members, unless and until revoked by the Board.
    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 Order 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.\2\ 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).
---------------------------------------------------------------------------

    \2\ On December 14, 2001, and on November 19, 2002, 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, and 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, effective during any time when the Board 
has fewer than three Members. See 66 FR 65998 (December 21, 2001), 
and 67 FR 65998-65999 (November 25, 2002). This Order consolidates, 
restates and affirms those prior delegations.

---------------------------------------------------------------------------
    Signed in Washington, DC November 3, 2011.

Mark Gaston Pearce,
Chairman.
[FR Doc. 2011-29014 Filed 11-8-11; 8:45 am]
BILLING CODE 7545-01-P