54008 Federal Register/Vol. 76, No. 168/Tuesday, August 30, 2011/Rules and Regulations SSS II. Authority “reference the legal authority under notion that broad grants of rulemaking . which the rule is proposed.” 14 authority conveyed legislative Section 6 of the NLRA, 29 U.S.C. 156, The Board believes that these rulemaking power.?° Although the provides that ‘The Board shall have comments are in error because the Board had historically chosen to make authority from time to time to make, courts’ construction of other statutes’ policy by adjudications, the Supreme amend, and rescind, in the manner general rulemaking authority, as well as Court, consistent with the non-NLRA prescribed by the Administrative Section 6 in particular, fully support its case law, used a pair of Board Procedure Act [5 U.S.C. 553], such rules reading of this statutory provision. In enforcement cases to unanimously and regulations as may be necessary to _fact, earlier this year, the Supreme Court emphasize the existence of the Board’s carry oul the provisions of this Act.” As issued a decision in Mayo Foundation legislative rulemaking authority, NLRB discussed in detail below, the Board for Medical Education and Research vy. | v. Wyman-Gordon Co.?" and NLBB v. interprets Section 6 as authorizing the United States 1° (discussed more fully Bell Aerospace.22 rule. below), unanimously reaffirming the In 1991, after the Board enacted a rule ’ principle that a general grant of involving health care units, the le ie Board s Section 6 Rulemaking rulemaking authority fully suffices to Supreme Court unanimously upheld Aut orily confer legislative (or binding) that rule in American Hospital 4 . ; 7 23 Numerous comments dispute the rulemaking authority upon an agency. Association v. NLRB.23 The Supreme B : : Even prior to Mayo, a long line of both Court found that that the general grant oard’s statutory authority to enact the . . : . non-NLRA and NLRA cases supported of rulemaking authority contained in p