The NLRB has delegated its authority to the General Counsel to act
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.
This action is taken due to the likelihood the NLRB will have only 2 members when the recess appointment of Member Becker expires.