Information for the Public on NLRB Office of the General Counsel Authority for Continuing Operations, Representation Case Processing, and Court Litigation

This provides notice to the public that pursuant to the National Labor Relations Act, 29 CFR 102.178, and applicable case law, the NLRB Office of the General Counsel’s Field Offices will continue their normal operations of processing unfair labor practice cases and representation cases.

Further, under 29 CFR 102.182 during any period when the Board lacks a quorum “all representation cases may continue to be processed and the appropriate certification should be issued by the Regional Director notwithstanding the pendency of a request for review, subject to revision or revocation by the Board pursuant to a request for review filed in accordance with this subpart.”

Finally, under the Board’s 2011 “Order Contingently Delegating Authority to the General Counsel” contained at 76 Federal Register 69768 the General Counsel currently has “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.” 76 Fed. Reg. 69,768 (2011).

Questions about casehandling matters may be directed to the NLRB’s Field Offices.