NLRB temporarily delegates litigation authority to General Counsel

http://hr.cch.com/news/employment/011008a.asp

LABOR & EMPLOYMENT LAW — 1/10/08
NLRB temporarily delegates litigation authority to General Counsel; will issue decisions with two members after Members Kirsanow and Walsh depart

Anticipating a loss of two members when Congress adjourns in January, the National Labor Relations Board has unanimously decided to temporarily delegate to the General Counsel authority on all court litigation matters that otherwise would require Board authorization. This delegation will give the General Counsel full and final authority on behalf of the Board to initiate and prosecute injunction proceedings under Section 10(j), or Section 10(e) and (f), of the National Labor Relations Act. The Board issued a similar delegation of authority to the General Counsel in 1993 and 2001.

The sitting members are Wilma B. Liebman, Peter C. Schaumber, Peter N. Kirsanow, and Dennis P. Walsh. Former Chairman Robert J. Battista's term expired on December 16, 2007, leaving one vacancy. Members Kirsanow and Walsh are serving in recess appointments that will expire at the sine die adjournment of the current session of Congress.

Under these circumstances, the Board also delegated its powers to Members Liebman, Schaumber, and Kirsanow. This action will permit Members Liebman and Schaumber, as a quorum of the three-member group, to issue decisions and orders in unfair labor practice and representation cases. In 2005, a three-member Board issued a similar delegation permitting a two-member quorum to issue decisions.

The temporary delegations, decided on December 20, 2007, and announced on December 28, 2007, became effective as of midnight December 28th. They will be revoked when the Board returns to at least three members. In announcing the delegations, the Board stated that it has "a continuing responsibility to fulfill its statutory obligations in the most effective and efficient manner possible."

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