[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Pages 69375-69376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27803]

[[Page 69375]]

Vol. 77


No. 222

November 16, 2012

Part III

Department of Labor


Office of the Secretary


Delegation of Authority and Assignment of Responsibility to the 
Director, Office of Labor-Management Standards; Notice

Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / 

[[Page 69376]]



Office of the Secretary

[Secretary's Order 03-2012]

Delegation of Authority and Assignment of Responsibility to the 
Director, Office of Labor-Management Standards

    1. Purpose. To delegate authority and assign responsibility 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 et seq. 
(Establishment of Department; Secretary; Seal); Reorganization Plan No. 
6 of 1950 (5 U.S.C. App 1 Reorg. Plan 6 of 1950); and the authorities 
cited in Section 5 of this Order.
    3. Directives Affected. Secretary's Order 8-2009 is hereby 
    4. Background. On November 8, 2009, the Department of Labor 
reorganized its organization structure, dissolving the Employment 
Standards Administration (ESA). ESA had been headed by the Assistant 
Secretary of Labor for Employment Standards (``Assistant Secretary''). 
With the dissolution of ESA, its sub-agencies, including the Office of 
Labor-Management Standards (OLMS) became separate agencies--headed by a 
Director. Secretary's Order 8-2009 (Section 5) delegated authorities 
and responsibilities previously held by the Assistant Secretary of ESA 
to the Director of OLMS. This Order cancels Secretary's Order 8-2009. 
The Secretary delegated authority and assigned responsibilities to the 
ARB to review recommended decisions by administrative law judges and 
issue final agency decisions under the statutes and regulations 
enumerated in Sections 5(A)(1) and (2) of this Order. See Secretary's 
Order 02-2012.
    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, 
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 
    (1) The Labor-Management Reporting and Disclosure Act of 1959, as 
amended, 29 U.S.C. Sec.  401, et seq.; with the exception of the 
authority under 29 U.S.C. 481(h) granted to the Administrative Review 
Board in Secretary's Order 02-2012. 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 OLMS 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. Sec.  7120), Section 
1017 of the Foreign Service Act of 1980 (22 U.S.C. Sec.  4117), and 
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; with the exception of the authority granted to 
the Administrative Review Board in Secretary's Order 02-2012.
    (3) Section 1209 of the Postal Reorganization Act of 1970, 39 
U.S.C. Sec.  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 Sections 
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 (Notification of Employee Rights Under 
Federal Labor Laws) of January 30, 2009.
    (7) Section 211(a) of the Labor Management Relations Act, 29 U.S.C. 
181(a) (``Compilation of Collective Bargaining Agreements, etc.; Use of 
    (8) Such additional Federal acts that from time to time may assign 
to the Secretary or the Department of Labor 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 
    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 02-2012.
    C. Except as expressly provided in Section 5, 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 immediately.

    Dated: October 19, 2012.
Hilda L. Solis,
Secretary of Labor.
[FR Doc. 2012-27803 Filed 11-15-12; 8:45 am]