The National Labor Relations Board (NLRB) issued a statement clarifying that Office of the General Counsel’s Field Offices will continue their normal operations of processing unfair labor practice cases and representation cases. Further, the NLRB explained that 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 pendency of a request for review, subject to revision or revocation by the Board pursuant to a request for review.” Finally, under the NLRB’s 2011 “Order Contingently Delegating Authority to the General Counsel,” the NLRB General Counsel currently has “full and final authority and responsibility on behalf of the NLRB to initiate and prosecute injunction proceedings under section 10(j) or section 10(e) and (f) of the National Labor Relations Act, contempt proceedings pertaining to enforcement of or compliance with any order of the NLRB, and any other court litigation that would otherwise require Board authorization; and to institute and conduct appeals to the Supreme Court by writ or error or on petition for certiorari.”
