[Federal Register Volume 74, Number 218 (Friday, November 13, 2009)]
[Notices]
[Pages 58835-58836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27338]
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DEPARTMENT OF LABOR
Office of the Secretary
[Secretary's Order 8-2009]
Delegation of Authorities and Assignment of Responsibilities to
the Director, Office of Labor-Management Standards
1. Purpose. To delegate authorities and assign responsibilities to
the Director, Office of Labor-Management Standards.
2. Authorities. This Order is issued under the authority of 5
U.S.C. 301 (Departmental Regulations); 29 U.S.C. 551 (Establishment of
Department; Secretary; Seal); Reorganization Plan No. 6 1950 (5 U.S.C.
App. 1 Reorg. Plan 6 1950); and the authorities cited in Section 5 of
this Order.
3. Directives Affected. Secretary's Order 1-2008 (Employment
Standards) is hereby canceled. Secretary's Order 9-75 is superseded to
the extent that it is inconsistent with Section 7 of this Order. All
other Secretary's Orders and DOL directives (including policies and
guidance) which reference Secretary's Orders 1-2008 or the Employment
Standards Administration are amended to refer to this Order and/or
Secretary's Orders governing the Office of Workers' Compensation
Programs, Office of Federal Contract Compliance Programs, or the Wage
and Hour Division, as appropriate.
4. Background. This Order is occasioned by the November 8, 2009
dissolution of the Employment Standards Administration (ESA) into its
four constituent components: Wage and Hour Division; Office of Federal
Contract Compliance Programs; Office of Workers' Compensation Programs;
and Office of Labor-Management Standards. This Order cancels
Secretary's Order 1-2008 and constitutes the Secretary's Order
devolving certain authorities and responsibilities of ESA to the Office
of Labor-Management Standards (OLMS). Specifically, this Order
delegates authorities and assigns responsibilities to the Director,
OLMS. The authorities and responsibilities specified below are
consistent with the ESA redelegations and distributions of authorities
and responsibilities to OLMS in effect at the time of this dissolution.
5. Delegation of Authority and Assignment of Responsibilities:
A. The Director, Office of Labor-Management Standards is hereby
delegated authority and assigned responsibility, except as hereinafter
provided, for carrying out the employment standards, labor standards,
[[Page 58836]]
and labor-management standards policies, programs, and activities of
the Department of Labor, including those functions to be performed by
the Secretary of Labor under the designated provisions of the following
statutes:
(1) The Labor-Management Reporting and Disclosure Act of 1959, as
amended, 29 U.S.C. 401 et seq. If, in the course of investigations
under the Labor-Management Reporting and Disclosure Act, there appear
to be indications of organized crime and labor racketeering, the
Director of the Office of Labor-Management Standards shall promptly
notify the Inspector General, who also has statutory authority to
investigate such issues. The Inspector General shall have the power to
assume the lead in further investigative activities arising from such
case with respect to issues involving organized crime and labor
racketeering.
(2) Section 701 (Standards of Conduct for Labor Organizations) of
the Civil Service Reform Act of 1978, 5 U.S.C. 7120; Section 1017 of
the Foreign Service Act of 1980, 22 U.S.C. 4117; Section 220(a)(1) of
the Congressional Accountability Act of 1995, 2 U.S.C. 1351(a)(1); and
the regulations pertaining to such sections at 29 CFR Parts 457-459.
(3) Section 1209 of the Postal Reorganization Act of 1970, 39
U.S.C. 1209.
(4) The employee protection provisions of the Federal Transit law,
as codified at 49 U.S.C. 5333(b), and related provisions.
(5) The employee protection provisions certified under Section
405(a), (b), (c), and (e) of the Rail Passenger Service Act of 1970, 45
U.S.C. 565(a), (b), (c), and (e).
(6) Executive Order 13496, (``the Notification of Employee Rights
Under Federal Labor Laws'') of January 30, 2009.
(7) Section 211(a) of the Labor Management Relations Act, 1947, 29
U.S.C. 181(a) (``Compilation of Collective Bargaining Agreements, etc.;
Use of Data'').
(8) Such additional Federal acts that from time to time may assign
to the Secretary or the Department duties and responsibilities similar
to those listed under subparagraphs (1)-(7) of this paragraph, as
directed by the Secretary.
B. The Solicitor of Labor is delegated authority and assigned
responsibility for providing legal advice and assistance to all
officers of the Department relating to the administration of the
statutory provisions, regulations, and Executive Orders listed above.
The bringing of legal proceedings under those authorities, the
representation of the Secretary and/or other officials of the
Department of Labor, and the determination of whether such proceedings
or representations are appropriate in a given case, are delegated
exclusively to the Solicitor.
6. Reservation of Authority and Responsibility.
A. The submission of reports and recommendations to the President
and the Congress concerning the administration of the statutory
provisions and Executive Orders listed above is reserved to the
Secretary.
B. Nothing in this Order shall limit or modify the delegation of
authority and assignment of responsibility to the Administrative Review
Board by Secretary's Order 1-2002.
C. Except as expressly provided, nothing in this Order shall limit
or modify the provisions of any other Order, including Secretary's
Order 4-2006 (Office of Inspector General).
7. Redelegation of Authority. Except as otherwise provided by law,
all of the authorities delegated in this Order may be redelegated.
8. Effective Date. This order shall become effective on November 8,
2009.
Dated: November 6, 2009.
Hilda L. Solis,
Secretary of Labor.
[FR Doc. E9-27338 Filed 11-12-09; 8:45 am]
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