<DOC>
NLRB Rules and Regulations

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<DOC>
NLRB Rules and Regulations

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                   NATIONAL LABOR RELATIONS ACT

      Also cited NLRA or the Act; 29 U.S.C. Sec. Sec. 151-169

     [Title 29, Chapter 7, Subchapter II, United States Code]

                       findings and policies

  Section 1.  [Sec. 151.]  The denial by some employers of the right of 
employees to organize and the refusal by some employers to accept the 
procedure of collective bargaining lead to strikes and other forms of 
industrial strife or unrest, which have the intent or the necessary 
effect of burdening or obstructing commerce by (a) impairing the 
efficiency, safety, or operation of the instrumentalities of commerce; 
(b) occurring in the current of commerce; (c) materially affecting, 
restraining, or controlling the flow of raw materials or manufactured or 
processed goods from or into the channels of commerce, or the prices of 
such materials or goods in commerce; or (d) causing diminution of 
employment and wages in such volume as substantially to impair or 
disrupt the market for goods flowing from or into the channels of 
commerce.
  The inequality of bargaining power between employees who do not 
possess full freedom of association or actual liberty of contract and 
employers who are organized in the corporate or other forms of ownership 
association substantially burdens and affects the flow of commerce, and 
tends to aggravate recurrent business depressions, by depressing wage 
rates and the purchasing power of wage earners in industry and by 
preventing the stabilization of competitive wage rates and working 
conditions within and between industries.
  Experience has proved that protection by law of the right of employees 
to organize and bargain collectively safeguards commerce from injury, 
impairment, or interruption, and promotes the flow of commerce by 
removing certain recognized sources of industrial strife and unrest, by 
encouraging practices fundamental to the friendly adjustment of 
industrial disputes arising out of differences as to wages, hours, or 
other working conditions, and by restoring equality of bargaining power 
between employers and employees.
  Experience has further demonstrated that certain practices by some 
labor organizations, their officers, and members have the intent or the 
necessary effect of burdening or obstructing commerce by preventing the 
free flow of goods in such commerce through strikes and other forms of 
industrial unrest or through concerted activities which impair the 
interest of the public in the free flow of such commerce. The 
elimination of such practices is a necessary condition to the assurance 
of the rights herein guaranteed.
  It is declared to be the policy of the United States to eliminate the 
causes of certain substantial obstructions to the free flow of commerce 
and to mitigate and eliminate these obstructions when they have occurred

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by encouraging the practice and procedure of collective bargaining and 
by protecting the exercise by workers of full freedom of association, 
self-organization, and designation of representatives of their own 
choosing, for the purpose of negotiating the terms and conditions of 
their employment or other mutual aid or protection.

                            definitions

  Sec. 2.  [Sec. 152.]  When used in this Act [subchapter]--
  (1) The term ``person'' includes one or more individuals, labor 
organizations, partnerships, associations, corporations, legal 
representatives, trustees, trustees in cases under title 11 of the 
United States Code [under title 11], or receivers.
  (2) The term ``employer'' includes any person acting as an agent of an 
employer, directly or indirectly, but shall not include the United 
States or any wholly owned Government corporation, or any Federal 
Reserve Bank, or any State or political subdivision thereof, or any 
person subject to the Railway Labor Act [45 U.S.C. Sec. 151 et seq.], as 
amended from time to time, or any labor organization (other than when 
acting as an employer), or anyone acting in the capacity of officer or 
agent of such labor organization.

  [Pub. L. 93-360, Sec. 1(a), July 26, 1974, 88 Stat. 395, deleted the 
phrase ``or any corporation or association operating a hospital, if no 
part of the net earnings inures to the benefit of any private 
shareholder or individual'' from the definition of ``employer.'']

  (3) The term ``employee'' shall include any employee, and shall not be 
limited to the employees of a particular employer, unless the Act [this 
subchapter] explicitly states otherwise, and shall include any 
individual whose work has ceased as a consequence of, or in connection 
with, any current labor dispute or because of any unfair labor practice, 
and who has not obtained any other regular and substantially equivalent 
employment, but shall not include any individual employed as an 
agricultural laborer, or in the domestic service of any family or person 
at his home, or any individual employed by his parent or spouse, or any 
individual having the status of an independent contractor, or any 
individual employed as a supervisor, or any individual employed by an 
employer subject to the Railway Labor Act [45 U.S.C. Sec. 151 et seq.], 
as amended from time to time, or by any other person who is not an 
employer as herein defined.
  (4) The term ``representatives'' includes any individual or labor 
organization.
  (5) The term ``labor organization'' means any organization of any 
kind, or any agency or employee representation committee or plan, in 
which employees participate and which exists for the purpose, in whole 
or in part, of dealing with employers concerning grievances, labor 
disputes, wages, rates of pay, hours of employment, or conditions of 
work.

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  (6) The term ``commerce'' means trade, traffic, commerce, 
transportation, or communication among the several States, or between 
the District of Columbia or any Territory of the United States and any 
State or other Territory, or between any foreign country and any State, 
Territory, or the District of Columbia, or within the District of 
Columbia or any Territory, or between points in the same State but 
through any other State or any Territory or the District of Columbia or 
any foreign country.
  (7) The term ``affecting commerce'' means in commerce, or burdening or 
obstructing commerce or the free flow of commerce, or having led or 
tending to lead to a labor dispute burdening or obstructing commerce or 
the free flow of commerce.
  (8) The term ``unfair labor practice'' means any unfair labor practice 
listed in section 8 [section 158 of this title].
  (9) The term ``labor dispute'' includes any controversy concerning 
terms, tenure, or conditions of employment, or concerning the 
association or representation of persons in negotiating, fixing, 
maintaining, changing, or seeking to arrange terms or conditions of 
employment, regardless of whether the disputants stand in the proximate 
relation of employer and employee.
  (10) The term ``National Labor Relations Board'' means the National 
Labor Relations Board provided for in section 3 of this Act [section 153 
of this title].
  (11) The term ``supervisor'' means any individual having authority, in 
the interest of the employer, to hire, transfer, suspend, lay off, 
recall, promote, discharge, assign, reward, or discipline other 
employees, or responsibly to direct them, or to adjust their grievances, 
or effectively to recommend such action, if in connection with the 
foregoing the exercise of such authority is not of a merely routine or 
clerical nature, but requires the use of independent judgment.
  (12) The term ``professional employee'' means--
    (a) any employee engaged in work (i) predominantly intellectual and 
  varied in character as opposed to routine mental, manual, mechanical, 
  or physical work; (ii) involving the consistent exercise of discretion 
  and judgment in its performance; (iii) of such a character that the 
  output produced or the result accomplished cannot be standardized in 
  relation to a given period of time; (iv) requiring knowledge of an 
  advanced type in a field of science or learning customarily acquired 
  by a prolonged course of specialized intellectual instruction and 
  study in an institution of higher learning or a hospital, as 
  distinguished from a general academic education or from an 
  apprenticeship or from training in the performance of routine mental, 
  manual, or physical processes; or
    (b) any employee, who (i) has completed the courses of specialized 
  intellectual instruction and study described in clause (iv) of 
  paragraph (a), and (ii) is performing related work under the 
  supervision of a profes

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  sional person to qualify himself to become a professional employee as 
  defined in paragraph (a).
  (13) In determining whether any person is acting as an ``agent'' of 
another person so as to make such other person responsible for his acts, 
the question of whether the specific acts performed were actually 
authorized or subsequently ratified shall not be controlling.
  (14) The term ``health care institution'' shall include any hospital, 
convalescent hospital, health maintenance organization, health clinic, 
nursing home, extended care facility, or other institution devoted to 
the care of sick, infirm, or aged person.

  [Pub. L. 93-360, Sec. 1(b), July 26, 1974, 88 Stat. 395, added par. 
(14).]

                  national labor relations board

  Sec. 3.  [Sec. 153.]  (a) [Creation, composition, appointment, and 
tenure; Chairman; removal of members]  The National Labor Relations 
Board (hereinafter called the ``Board'') created by this Act 
[subchapter] prior to its amendment by the Labor Management Relations 
Act, 1947 [29 U.S.C. Sec. 141 et seq.], is continued as an agency of the 
United States, except that the Board shall consist of five instead of 
three members, appointed by the President by and with the advice and 
consent of the Senate. Of the two additional members so provided for, 
one shall be appointed for a term of five years and the other for a term 
of two years. Their successors, and the successors of the other members, 
shall be appointed for terms of five years each, excepting that any 
individual chosen to fill a vacancy shall be appointed only for the 
unexpired term of the member whom he shall succeed. The President shall 
designate one member to serve as Chairman of the Board. Any member of 
the Board may be removed by the President, upon notice and hearing, for 
neglect of duty or malfeasance in office, but for no other cause.
  (b) [Delegation of powers to members and regional directors; review 
and stay of actions of regional directors; quorum; seal]  The Board is 
authorized to delegate to any group of three or more members any or all 
of the powers which it may itself exercise. The Board is also authorized 
to delegate to its regional directors its powers under section 9 
[section 159 of this title] to determine the unit appropriate for the 
purpose of collective bargaining, to investigate and provide for 
hearings, and determine whether a question of representation exists, and 
to direct an election or take a secret ballot under subsection (c) or 
(e) of section 9 [section 159 of this title] and certify the results 
thereof, except that upon the filling of a request therefor with the 
Board by any interested person, the Board may review any action of a 
regional director delegated to him under this paragraph, but such a 
review shall not, unless specifically ordered by the Board, operate as a 
stay of any action taken by the regional director. A vacancy in the 
Board shall not impair the right of the remaining members

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to exercise all of the powers of the Board, and three members of the 
Board shall, at all times, constitute a quorum of the Board, except that 
two members shall constitute a quorum of any group designated pursuant 
to the first sentence hereof. The Board shall have an official seal 
which shall be judicially noticed.
  (c) [Annual reports to Congress and the President]  The Board shall at 
the close of each fiscal year make a report in writing to Congress and 
to the President summarizing significant case activities and operations 
for that fiscal year.
  (d) [General Counsel; appointment and tenure; powers and duties; 
vacancy]  There shall be a General Counsel of the Board who shall be 
appointed by the President, by and with the advice and consent of the 
Senate, for a term of four years. The General Counsel of the Board shall 
exercise general supervision over all attorneys employed by the Board 
(other than administrative law judges and legal assistants to Board 
members) and over the officers and employees in the regional offices. He 
shall have final authority, on behalf of the Board, in respect of the 
investigation of charges and issuance of complaints under section 10 
[section 160 of this title], and in respect of the prosecution of such 
complaints before the Board, and shall have such other duties as the 
Board may prescribe or as may be provided by law. In case of vacancy in 
the office of the General Counsel the President is authorized to 
designate the officer or employee who shall act as General Counsel 
during such vacancy, but no person or persons so designated shall so act 
(1) for more than forty days when the Congress is in session unless a 
nomination to fill such vacancy shall have been submitted to the Senate, 
or (2) after the adjournment sine die of the session of the Senate in 
which such nomination was submitted.

  [The title ``administrative law judge'' was adopted in 5 U.S.C. 
Sec. 3105.]

  Sec. 4.  [Sec. 154.  Eligibility for reappointment; officers and 
employees; payment of expenses]  (a) Each member of the Board and the 
General Counsel of the Board shall be eligible for reappointment, and 
shall not engage in any other business, vocation, or employment. The 
Board shall appoint an executive secretary, and such attorneys, 
examiners, and regional directors, and such other employees as it may 
from time to time find necessary for the proper performance of its 
duties. The Board may not employ any attorneys for the purpose of 
reviewing transcripts of hearings or preparing drafts of opinions except 
that any attorney employed for assignment as a legal assistant to any 
Board member may for such Board member review such transcripts and 
prepare such drafts. No administrative law judge's report shall be 
reviewed, either before or after its publication, by any person other 
than a member of the Board or his legal assistant, and no administrative 
law judge shall advise or consult with the Board with respect to 
exceptions taken to his findings, rulings, or recommenda

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tions. The Board may establish or utilize such regional, local, or other 
agencies, and utilize such voluntary and uncompensated services, as may 
from time to time be needed. Attorneys appointed under this section may, 
at the direction of the Board, appear for and represent the Board in any 
case in court. Nothing in this Act [subchapter] shall be construed to 
authorize the Board to appoint individuals for the purpose of 
conciliation or mediation, or for economic analysis.

  [The title ``administrative law judge'' was adopted in 5 U.S.C. 
Sec. 3105.]

  (b) All of the expenses of the Board, including all necessary 
traveling and subsistence expenses outside the District of Columbia 
incurred by the members or employees of the Board under its orders, 
shall be allowed and paid on the presentation of itemized vouchers 
therefor approved by the Board or by any individual it designates for 
that purpose.
  Sec. 5.  [Sec. 155.  Principal office, conducting inquiries throughout 
country; participation in decisions or inquiries conducted by member]  
The principal office of the Board shall be in the District of Columbia, 
but it may meet and exercise any or all of its powers at any other 
place. The Board may, by one or more of its members or by such agents or 
agencies as it may designate, prosecute any inquiry necessary to its 
functions in any part of the United States. A member who participates in 
such an inquiry shall not be disqualified from subsequently 
participating in a decision of the Board in the same case.
  Sec. 6.  [Sec. 156.  Rules and regulations]  The Board shall have 
authority from time to time to make, amend, and rescind, in the manner 
prescribed by the Administrative Procedure Act [by subchapter II of 
chapter 5 of title 5], such rules and regulations as may be necessary to 
carry out the provisions of this Act [subchapter].

                        rights of employees

  Sec. 7.  [Sec. 157.]  Employees shall have the right to self-
organization, to form, join, or assist labor organizations, to bargain 
collectively through representatives of their own choosing, and to 
engage in other concerted activities for the purpose of collective 
bargaining or other mutual aid or protection, and shall also have the 
right to refrain from any or all such activities except to the extent 
that such right may be affected by an agreement requiring membership in 
a labor organization as a condition of employment as authorized in 
section 8(a)(3) [section 158(a)(3) of this title].

                      unfair labor practices

  Sec. 8.  [Sec. 158.]  (a) [Unfair labor practices by employer]  It 
shall be an unfair labor practice for an employer--
    (1) to interfere with, restrain, or coerce employees in the exercise 
  of the rights guaranteed in section 7 [section 157 of this title];

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    (2) to dominate or interfere with the formation or administration of 
  any labor organization or contribute financial or other support to it: 
  Provided, That subject to rules and regulations made and published by 
  the Board pursuant to section 6 [section 156 of this title], an 
  employer shall not be prohibited from permitting employees to confer 
  with him during working hours without loss of time or pay;
    (3) by discrimination in regard to hire or tenure of employment or 
  any term or condition of employment to encourage or discourage 
  membership in any labor organization: Provided, That nothing in this 
  Act [subchapter], or in any other statute of the United States, shall 
  preclude an employer from making an agreement with a labor 
  organization (not established, maintained, or assisted by any action 
  defined in section 8(a) of this Act [in this subsection] as an unfair 
  labor practice) to require as a condition of employment membership 
  therein on or after the thirtieth day following the beginning of such 
  employment or the effective date of such agreement, whichever is the 
  later, (i) if such labor organization is the representative of the 
  employees as provided in section 9(a) [section 159(a) of this title], 
  in the appropriate collective-bargaining unit covered by such 
  agreement when made, and (ii) unless following an election held as 
  provided in section 9(e) [section 159(e) of this title] within one 
  year preceding the effective date of such agreement, the Board shall 
  have certified that at least a majority of the employees eligible to 
  vote in such election have voted to rescind the authority of such 
  labor organization to make such an agreement: Provided further, That 
  no employer shall justify any discrimination against an employee for 
  nonmembership in a labor organization (A) if he has reasonable grounds 
  for believing that such membership was not available to the employee 
  on the same terms and conditions generally applicable to other 
  members, or (B) if he has reasonable grounds for believing that 
  membership was denied or terminated for reasons other than the failure 
  of the employee to tender the periodic dues and the initiation fees 
  uniformly required as a condition of acquiring or retaining 
  membership;
    (4) to discharge or otherwise discriminate against an employee 
  because he has filed charges or given testimony under this Act 
  [subchapter];
    (5) to refuse to bargain collectively with the representatives of 
  his employees, subject to the provisions of section 9(a) [section 
  159(a) of this title].
  (b) [Unfair labor practices by labor organization]  It shall be an 
unfair labor practice for a labor organization or its agents--
    (1) to restrain or coerce (A) employees in the exercise of the 
  rights guaranteed in section 7 [section 157 of this title]: Provided, 
  That this paragraph shall not impair the right of a labor organization 
  to prescribe its own rules with respect to the acquisition or 
  retention of membership

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  therein; or (B) an employer in the selection of his representatives 
  for the purposes of collective bargaining or the adjustment of 
  grievances;
    (2) to cause or attempt to cause an employer to discriminate against 
  an employee in violation of subsection (a)(3) [of subsection (a)(3) of 
  this section] or to discriminate against an employee with respect to 
  whom membership in such organization has been denied or terminated on 
  some ground other than his failure to tender the periodic dues and the 
  initiation fees uniformly required as a condition of acquiring or 
  retaining membership;
    (3) to refuse to bargain collectively with an employer, provided it 
  is the representative of his employees subject to the provisions of 
  section 9(a) [section 159(a) of this title];
    (4)(i) to engage in, or to induce or encourage any individual 
  employed by any person engaged in commerce or in an industry affecting 
  commerce to engage in, a strike or a refusal in the course of his 
  employment to use, manufacture, process, transport, or otherwise 
  handle or work on any goods, articles, materials, or commodities or to 
  perform any services; or (ii) to threaten, coerce, or restrain any 
  person engaged in commerce or in an industry affecting commerce, where 
  in either case an object thereof is--
    (A) forcing or requiring any employer or self-employed person to 
  join any labor or employer organization or to enter into any agreement 
  which is prohibited by section 8(e) [subsection (e) of this section];
    (B) forcing or requiring any person to cease using, selling, 
  handling, transporting, or otherwise dealing in the products of any 
  other producer, processor, or manufacturer, or to cease doing business 
  with any other person, or forcing or requiring any other employer to 
  recognize or bargain with a labor organization as the representative 
  of his employees unless such labor organization has been certified as 
  the representative of such employees under the provisions of section 9 
  [section 159 of this title]: Provided, That nothing contained in this 
  clause (B) shall be construed to make unlawful, where not otherwise 
  unlawful, any primary strike or primary picketing;
    (C) forcing or requiring any employer to recognize or bargain with a 
  particular labor organization as the representative of his employees 
  if another labor organization has been certified as the representative 
  of such employees under the provisions of section 9 [section 159 of 
  this title];
    (D) forcing or requiring any employer to assign particular work to 
  employees in a particular labor organization or in a particular trade, 
  craft, or class rather than to employees in another labor organization 
  or in another trade, craft, or class, unless such employer is failing 
  to conform to an order or certification of the Board determining the 
  bargaining representative for employees performing such work:

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  Provided, That nothing contained in this subsection (b) [this 
subsection] shall be construed to make unlawful a refusal by any person 
to enter upon the premises of any employer (other than his own 
employer), if the employees of such employer are engaged in a strike 
ratified or approved by a representative of such employees whom such 
employer is required to recognize under this Act [subchapter]: Provided 
further, That for the purposes of this paragraph (4) only, nothing 
contained in such paragraph shall be construed to prohibit publicity, 
other than picketing, for the purpose of truthfully advising the public, 
including consumers and members of a labor organization, that a product 
or products are produced by an employer with whom the labor organization 
has a primary dispute and are distributed by another employer, as long 
as such publicity does not have an effect of inducing any individual 
employed by any person other than the primary employer in the course of 
his employment to refuse to pick up, deliver, or transport any goods, or 
not to perform any services, at the establishment of the employer 
engaged in such distribution;
  (5) to require of employees covered by an agreement authorized under 
subsection (a)(3) [of this section] the payment, as a condition 
precedent to becoming a member of such organization, of a fee in an 
amount which the Board finds excessive or discriminatory under all the 
circumstances. In making such a finding, the Board shall consider, among 
other relevant factors, the practices and customs of labor organizations 
in the particular industry, and the wages currently paid to the 
employees affected;
  (6) to cause or attempt to cause an employer to pay or deliver or 
agree to pay or deliver any money or other thing of value, in the nature 
of an exaction, for services which are not performed or not to be 
performed; and
  (7) to picket or cause to be picketed, or threaten to picket or cause 
to be picketed, any employer where an object thereof is forcing or 
requiring an employer to recognize or bargain with a labor organization 
as the representative of his employees, or forcing or requiring the 
employees of an employer to accept or select such labor organization as 
their collective-bargaining representative, unless such labor 
organization is currently certified as the representative of such 
employees:
    (A) where the employer has lawfully recognized in accordance with 
  this Act [subchapter] any other labor organization and a question 
  concerning representation may not appropriately be raised under 
  section 9(c) of this Act [section 159(c) of this title],
    (B) where within the preceding twelve months a valid election under 
  section 9(c) of this Act [section 159(c) of this title] has been 
  conducted, or
    (C) where such picketing has been conducted without a petition under 
  section 9(c) [section 159(c) of this title] being filed within a 
  reasonable period of time not to exceed thirty days from the 
  commencement of

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  such picketing: Provided, That when such a petition has been filed the 
  Board shall forthwith, without regard to the provisions of section 
  9(c)(1) [section 159(c)(1) of this title] or the absence of a showing 
  of a substantial interest on the part of the labor organization, 
  direct an election in such unit as the Board finds to be appropriate 
  and shall certify the results thereof: Provided further, That nothing 
  in this subparagraph (C) shall be construed to prohibit any picketing 
  or other publicity for the purpose of truthfully advising the public 
  (including consumers) that an employer does not employ members of, or 
  have a contract with, a labor organization, unless an effect of such 
  picketing is to induce any individual employed by any other person in 
  the course of his employment, not to pick up, deliver or transport any 
  goods or not to perform any services.
  Nothing in this paragraph (7) shall be construed to permit any act 
which would otherwise be an unfair labor practice under this section 
8(b) [this subsection].
  (c) [Expression of views without threat of reprisal or force or 
promise of benefit]  The expressing of any views, argument, or opinion, 
or the dissemination thereof, whether in written, printed, graphic, or 
visual form, shall not constitute or be evidence of an unfair labor 
practice under any of the provisions of this Act [subchapter], if such 
expression contains no threat of reprisal or force or promise of 
benefit.
  (d) [Obligation to bargain collectively]  For the purposes of this 
section, to bargain collectively is the performance of the mutual 
obligation of the employer and the representative of the employees to 
meet at reasonable times and confer in good faith with respect to wages, 
hours, and other terms and conditions of employment, or the negotiation 
of an agreement or any question arising thereunder, and the execution of 
a written contract incorporating any agreement reached if requested by 
either party, but such obligation does not compel either party to agree 
to a proposal or require the making of a concession: Provided, That 
where there is in effect a collective-bargaining contract covering 
employees in an industry affecting commerce, the duty to bargain 
collectively shall also mean that no party to such contract shall 
terminate or modify such contract, unless the party desiring such 
termination or modification--
    (1) serves a written notice upon the other party to the contract of 
  the proposed termination or modification sixty days prior to the 
  expiration date thereof, or in the event such contract contains no 
  expiration date, sixty days prior to the time it is proposed to make 
  such termination or modification;
    (2) offers to meet and confer with the other party for the purpose 
  of negotiating a new contract or a contract containing the proposed 
  modifications;

[[Page 261]]

    (3) notifies the Federal Mediation and Conciliation Service within 
  thirty days after such notice of the existence of a dispute, and 
  simultaneously therewith notifies any State or Territorial agency 
  established to mediate and conciliate disputes within the State or 
  Territory where the dispute occurred, provided no agreement has been 
  reached by that time; and
    (4) continues in full force and effect, without resorting to strike 
  or lockout, all the terms and conditions of the existing contract for 
  a period of sixty days after such notice is given or until the 
  expiration date of such contract, whichever occurs later:
  The duties imposed upon employers, employees, and labor organizations 
by paragraphs (2), (3), and (4) [paragraphs (2) to (4) of this 
subsection] shall become inapplicable upon an intervening certification 
of the Board, under which the labor organization or individual, which is 
a party to the contract, has been superseded as or ceased to be the 
representative of the employees subject to the provisions of section 
9(a) [section 159(a) of this title], and the duties so imposed shall not 
be construed as requiring either party to discuss or agree to any 
modification of the terms and conditions contained in a contract for a 
fixed period, if such modification is to become effective before such 
terms and conditions can be reopened under the provisions of the 
contract. Any employee who engages in a strike within any notice period 
specified in this subsection, or who engages in any strike within the 
appropriate period specified in subsection (g) of this section, shall 
lose his status as an employee of the employer engaged in the particular 
labor dispute, for the purposes of sections 8, 9, and 10 of this Act 
[sections 158, 159, and 160 of this title], but such loss of status for 
such employee shall terminate if and when he is reemployed by such 
employer. Whenever the collective bargaining involves employees of a 
health care institution, the provisions of this section 8(d) [this 
subsection] shall be modified as follows:
    (A) The notice of section 8(d)(1) [paragraph (1) of this subsection] 
  shall be ninety days; the notice of section 8(d)(3) [paragraph (3) of 
  this subsection] shall be sixty days; and the contract period of 
  section 8(d)(4) [paragraph (4) of this subsection] shall be ninety 
  days.
    (B) Where the bargaining is for an initial agreement following 
  certification or recognition, at least thirty days' notice of the 
  existence of a dispute shall be given by the labor organization to the 
  agencies set forth in section 8(d)(3) [in paragraph (3) of this 
  subsection].
    (C) After notice is given to the Federal Mediation and Conciliation 
  Service under either clause (A) or (B) of this sentence, the Service 
  shall promptly communicate with the parties and use its best efforts, 
  by mediation and conciliation, to bring them to agreement. The parties 
  shall participate fully and promptly in such meetings as may be 
  undertaken by the Service for the purpose of aiding in a settlement of 
  the dispute.

[[Page 262]]

  [Pub. L. 93-360, July 26, 1974, 88 Stat. 395, amended the last 
sentence of Sec. 8(d) by striking the words ``the sixty-day'' and 
inserting the words ``any notice'' and by inserting before the words 
``shall lose'' the phrase ``, or who engages in any strike within the 
appropriate period specified in subsection (g) of this section.'' It 
also amended the end of paragraph Sec. 8(d) by adding a new sentence 
``Whenever the collective bargaining . . . aiding in a settlement of the 
dispute.'']

  (e) [Enforceability of contract or agreement to boycott any other 
employer; exception]  It shall be an unfair labor practice for any labor 
organization and any employer to enter into any contract or agreement, 
express or implied, whereby such employer ceases or refrains or agrees 
to cease or refrain from handling, using, selling, transporting, or 
otherwise dealing in any of the products of any other employer, or cease 
doing business with any other person, and any contract or agreement 
entered into heretofore or hereafter containing such an agreement shall 
be to such extent unenforceable and void: Provided, That nothing in this 
subsection (e) [this subsection] shall apply to an agreement between a 
labor organization and an employer in the construction industry relating 
to the contracting or subcontracting of work to be done at the site of 
the construction, alteration, painting, or repair of a building, 
structure, or other work: Provided further, That for the purposes of 
this subsection (e) and section 8(b)(4)(B) [this subsection and 
subsection (b)(4)(B) of this section] the terms ``any employer,'' ``any 
person engaged in commerce or an industry affecting commerce,'' and 
``any person'' when used in relation to the terms ``any other producer, 
processor, or manufacturer,'' ``any other employer,'' or ``any other 
person'' shall not include persons in the relation of a jobber, 
manufacturer, contractor, or subcontractor working on the goods or 
premises of the jobber or manufacturer or performing parts of an 
integrated process of production in the apparel and clothing industry: 
Provided further, That nothing in this Act [subchapter] shall prohibit 
the enforcement of any agreement which is within the foregoing 
exception.
  (f) [Agreements covering employees in the building and construction 
industry]  It shall not be an unfair labor practice under subsections 
(a) and (b) of this section for an employer engaged primarily in the 
building and construction industry to make an agreement covering 
employees engaged (or who, upon their employment, will be engaged) in 
the building and construction industry with a labor organization of 
which building and construction employees are members (not established, 
maintained, or assisted by any action defined in section 8(a) of this 
Act [subsection (a) of this section] as an unfair labor practice) 
because (1) the majority status of such labor organization has not been 
established under the provisions of section 9 of this Act [section 159 
of this title] prior to the making of such agreement, or (2) such 
agreement requires as a condition of employment, membership in such 
labor organization after the seventh day following the beginning of such 
employment or the effective date of the agreement, whichever is later, 
or (3) such agreement requires the employer to notify

[[Page 263]]

such labor organization of opportunities for employment with such 
employer, or gives such labor organization an opportunity to refer 
qualified applicants for such employment, or (4) such agreement 
specifies minimum training or experience qualifications for employment 
or provides for priority in opportunities for employment based upon 
length of service with such employer, in the industry or in the 
particular geographical area: Provided, That nothing in this subsection 
shall set aside the final proviso to section 8(a)(3) of this Act 
[subsection (a)(3) of this section]: Provided further, That any 
agreement which would be invalid, but for clause (1) of this subsection, 
shall not be a bar to a petition filed pursuant to section 9(c) or 9(e) 
[section 159(c) or 159(e) of this title].
  (g) [Notification of intention to strike or picket at any health care 
institution]  A labor organization before engaging in any strike, 
picketing, or other concerted refusal to work at any health care 
institution shall, not less than ten days prior to such action, notify 
the institution in writing and the Federal Mediation and Conciliation 
Service of that intention, except that in the case of bargaining for an 
initial agreement following certification or recognition the notice 
required by this subsection shall not be given until the expiration of 
the period specified in clause (B) of the last sentence of section 8(d) 
of this Act [subsection (d) of this section]. The notice shall state the 
date and time that such action will commence. The notice, once given, 
may be extended by the written agreement of both parties.

  [Pub. L. 93-360, July 26, 1974, 88 Stat. 396, added subsec. (g).]

                   representatives and elections

  Sec. 9  [Sec. 159.]  (a) [Exclusive representatives; employees' 
adjustment of grievances directly with employer]  Representatives 
designated or selected for the purposes of collective bargaining by the 
majority of the employees in a unit appropriate for such purposes, shall 
be the exclusive representatives of all the employees in such unit for 
the purposes of collective bargaining in respect to rates of pay, wages, 
hours of employment, or other conditions of employment: Provided, That 
any individual employee or a group of employees shall have the right at 
any time to present grievances to their employer and to have such 
grievances adjusted, without the intervention of the bargaining 
representative, as long as the adjustment is not inconsistent with the 
terms of a collective-bargaining contract or agreement then in effect: 
Provided further, That the bargaining representative has been given 
opportunity to be present at such adjustment.
  (b) [Determination of bargaining unit by Board]  The Board shall 
decide in each case whether, in order to assure to employees the fullest 
freedom in exercising the rights guaranteed by this Act [subchapter], 
the unit appropriate for the purposes of collective bargaining shall be 
the employer unit, craft unit, plant unit, or subdivision thereof: 
Provided, That the Board shall not (1) decide that any unit is 
appropriate for such purposes

[[Page 264]]

if such unit includes both professional employees and employees who are 
not professional employees unless a majority of such professional 
employees vote for inclusion in such unit; or (2) decide that any craft 
unit is inappropriate for such purposes on the ground that a different 
unit has been established by a prior Board determination, unless a 
majority of the employees in the proposed craft unit votes against 
separate representation or (3) decide that any unit is appropriate for 
such purposes if it includes, together with other employees, any 
individual employed as a guard to enforce against employees and other 
persons rules to protect property of the employer or to protect the 
safety of persons on the employer's premises; but no labor organization 
shall be certified as the representative of employees in a bargaining 
unit of guards if such organization admits to membership, or is 
affiliated directly or indirectly with an organization which admits to 
membership, employees other than guards.
  (c) [Hearings on questions affecting commerce; rules and regulations]  
(1) Whenever a petition shall have been filed, in accordance with such 
regulations as may be prescribed by the Board--
    (A) by an employee or group of employees or any individual or labor 
  organization acting in their behalf alleging that a substantial number 
  of employees (i) wish to be represented for collective bargaining and 
  that their employer declines to recognize their representative as the 
  representative defined in section 9(a) [subsection (a) of this 
  section], or (ii) assert that the individual or labor organization, 
  which has been certified or is being currently recognized by their 
  employer as the bargaining representative, is no longer a 
  representative as defined in section 9(a) [subsection (a) of this 
  section]; or
    (B) by an employer, alleging that one or more individuals or labor 
  organizations have presented to him a claim to be recognized as the 
  representative defined in section 9(a) [subsection (a) of this 
  section];
  the Board shall investigate such petition and if it has reasonable 
cause to believe that a question of representation affecting commerce 
exists shall provide for an appropriate hearing upon due notice. Such 
hearing may be conducted by an officer or employee of the regional 
office, who shall not make any recommendations with respect thereto. If 
the Board finds upon the record of such hearing that such a question of 
representation exists, it shall direct an election by secret ballot and 
shall certify the results thereof.
  (2) In determining whether or not a question of representation 
affecting commerce exists, the same regulations and rules of decision 
shall apply irrespective of the identity of the persons filing the 
petition or the kind of relief sought and in no case shall the Board 
deny a labor organization a place on the ballot by reason of an order 
with respect to such labor organization or its predecessor not issued in 
conformity with section 10(c) [section 160(c) of this title].

[[Page 265]]

  (3) No election shall be directed in any bargaining unit or any 
subdivision within which, in the preceding twelve-month period, a valid 
election shall have been held. Employees engaged in an economic strike 
who are not entitled to reinstatement shall be eligible to vote under 
such regulations as the Board shall find are consistent with the 
purposes and provisions of this Act [subchapter] in any election 
conducted within twelve months after the commencement of the strike. In 
any election where none of the choices on the ballot receives a 
majority, a runoff shall be conducted, the ballot providing for a 
selection between the two choices receiving the largest and second 
largest number of valid votes cast in the election.
  (4) Nothing in this section shall be construed to prohibit the waiving 
of hearings by stipulation for the purpose of a consent election in 
conformity with regulations and rules of decision of the Board.
  (5) In determining whether a unit is appropriate for the purposes 
specified in subsection (b) [of this section] the extent to which the 
employees have organized shall not be controlling.
  (d) [Petition for enforcement or review; transcript]  Whenever an 
order of the Board made pursuant to section 10(c) [section 160(c) of 
this title] is based in whole or in part upon facts certified following 
an investigation pursuant to subsection (c) of this section and there is 
a petition for the enforcement or review of such order, such 
certification and the record of such investigation shall be included in 
the transcript of the entire record required to be filed under section 
10(e) or 10(f) [subsection (e) or (f) of section 160 of this title], and 
thereupon the decree of the court enforcing, modifying, or setting aside 
in whole or in part the order of the Board shall be made and entered 
upon the pleadings, testimony, and proceedings set forth in such 
transcript.
  (e) [Secret ballot; limitation of elections]  (1) Upon the filing with 
the Board, by 30 per centum or more of the employees in a bargaining 
unit covered by an agreement between their employer and labor 
organization made pursuant to section 8(a)(3) [section 158(a)(3) of this 
title], of a petition alleging they desire that such authorization be 
rescinded, the Board shall take a secret ballot of the employees in such 
unit and certify the results thereof to such labor organization and to 
the employer.
  (2) No election shall be conducted pursuant to this subsection in any 
bargaining unit or any subdivision within which, in the preceding 
twelve-month period, a valid election shall have been held.

               prevention of unfair labor practices

  Sec. 10.  [Sec. 160.]  (a) [Powers of Board generally]  The Board is 
empowered, as hereinafter provided, to prevent any person from engaging 
in any unfair labor practice (listed in section 8 [section 158 of this 
title]) affecting commerce. This power shall not be affected by any 
other means of adjustment or prevention that has been or may be 
established by agree-

[[Page 266]]

ment, law, or otherwise: Provided, That the Board is empowered by 
agreement with any agency of any State or Territory to cede to such 
agency jurisdiction over any cases in any industry (other than mining, 
manufacturing, communications, and transportation except where 
predominately local in character) even though such cases may involve 
labor disputes affecting commerce, unless the provision of the State or 
Territorial statute applicable to the determination of such cases by 
such agency is inconsistent with the corresponding provision of this Act 
[subchapter] or has received a construction inconsistent therewith.
  (b) [Complaint and notice of hearing; six-month limitation; answer; 
court rules of evidence inapplicable]  Whenever it is charged that any 
person has engaged in or is engaging in any such unfair labor practice, 
the Board, or any agent or agency designated by the Board for such 
purposes, shall have power to issue and cause to be served upon such 
person a complaint stating the charges in that respect, and containing a 
notice of hearing before the Board or a member thereof, or before a 
designated agent or agency, at a place therein fixed, not less than five 
days after the serving of said complaint: Provided, That no complaint 
shall issue based upon any unfair labor practice occurring more than six 
months prior to the filing of the charge with the Board and the service 
of a copy thereof upon the person against whom such charge is made, 
unless the person aggrieved thereby was prevented from filing such 
charge by reason of service in the armed forces, in which event the six-
month period shall be computed from the day of his discharge. Any such 
complaint may be amended by the member, agent, or agency conducting the 
hearing or the Board in its discretion at any time prior to the issuance 
of an order based thereon. The person so complained of shall have the 
right to file an answer to the original or amended complaint and to 
appear in person or otherwise and give testimony at the place and time 
fixed in the complaint. In the discretion of the member, agent, or 
agency conducting the hearing or the Board, any other person may be 
allowed to intervene in the said proceeding and to present testimony. 
Any such proceeding shall, so far as practicable, be conducted in 
accordance with the rules of evidence applicable in the district courts 
of the United States under the rules of civil procedure for the district 
courts of the United States, adopted by the Supreme Court of the United 
States pursuant to section 2072 of title 28, United States Code [section 
2072 of title 28].
  (c) [Reduction of testimony to writing; findings and orders of    
Board]  The testimony taken by such member, agent, or agency, or the 
Board shall be reduced to writing and filed with the Board. Thereafter, 
in its discretion, the Board upon notice may take further testimony or 
hear argument. If upon the preponderance of the testimony taken the 
Board shall be of the opinion that any person named in the complaint has 
engaged in or is engaging in any such unfair labor practice, then the 
Board shall

[[Page 267]]

state its findings of fact and shall issue and cause to be served on 
such person an order requiring such person to cease and desist from such 
unfair labor practice, and to take such affirmative action including 
reinstatement of employees with or without backpay, as will effectuate 
the policies of this Act [subchapter]: Provided, That where an order 
directs reinstatement of an employee, backpay may be required of the 
employer or labor organization, as the case may be, responsible for the 
discrimination suffered by him: And provided further, That in 
determining whether a complaint shall issue alleging a violation of 
section 8(a)(1) or section 8(a)(2) [subsection (a)(1) or (a)(2) of 
section 158 of this title], and in deciding such cases, the same 
regulations and rules of decision shall apply irrespective of whether or 
not the labor organization affected is affiliated with a labor 
organization national or international in scope. Such order may further 
require such person to make reports from time to time showing the extent 
to which it has complied with the order. If upon the preponderance of 
the testimony taken the Board shall not be of the opinion that the 
person named in the complaint has engaged in or is engaging in any such 
unfair labor practice, then the Board shall state its findings of fact 
and shall issue an order dismissing the said complaint. No order of the 
Board shall require the reinstatement of any individual as an employee 
who has been suspended or discharged, or the payment to him of any 
backpay, if such individual was suspended or discharged for cause. In 
case the evidence is presented before a member of the Board, or before 
an administrative law judge or judges thereof, such member, or such 
judge or judges, as the case may be, shall issue and cause to be served 
on the parties to the proceeding a proposed report, together with a 
recommended order, which shall be filed with the Board, and if no 
exceptions are filed within twenty days after service thereof upon such 
parties, or within such further period as the Board may authorize, such 
recommended order shall become the order of the Board and become 
affective as therein prescribed.

  [The title ``administrative law judge'' was adopted in 5 U.S.C. 
Sec. 3105.]

  (d) [Modification of findings or orders prior to filing record in  
court]  Until the record in a case shall have been filed in a court, as 
hereinafter provided, the Board may at any time, upon reasonable notice 
and in such manner as it shall deem proper, modify or set aside, in 
whole or in part, any finding or order made or issued by it.
  (e) [Petition to court for enforcement of order; proceedings; review 
of judgment]  The Board shall have power to petition any court of 
appeals of the United States, or if all the courts of appeals to which 
application may be made are in vacation, any district court of the 
United States, within any circuit or district, respectively, wherein the 
unfair labor practice in question occurred or wherein such person 
resides or transacts business, for the enforcement of such order and for 
appropriate temporary relief or restraining order, and shall file in the 
court the record in the proceeding,

[[Page 268]]

as provided in section 2112 of title 28, United States Code [section 
2112 of title 28]. Upon the filing of such petition, the court shall 
cause notice thereof to be served upon such person, and thereupon shall 
have jurisdiction of the proceeding and of the question determined 
therein, and shall have power to grant such temporary relief or 
restraining order as it deems just and proper, and to make and enter a 
decree enforcing, modifying and enforcing as so modified, or setting 
aside in whole or in part the order of the Board. No objection that has 
not been urged before the Board, its member, agent, or agency, shall be 
considered by the court, unless the failure or neglect to urge such 
objection shall be excused because of extraordinary circumstances. The 
findings of the Board with respect to questions of fact if supported by 
substantial evidence on the record considered as a whole shall be 
conclusive. If either party shall apply to the court for leave to adduce 
additional evidence and shall show to the satisfaction of the court that 
such additional evidence is material and that there were reasonable 
grounds for the failure to adduce such evidence in the hearing before 
the Board, its member, agent, or agency, the court may order such 
additional evidence to be taken before the Board, its member, agent, or 
agency, and to be made a part of the record. The Board may modify its 
findings as to the facts, or make new findings, by reason of additional 
evidence so taken and filed, and it shall file such modified or new 
findings, which findings with respect to question of fact if supported 
by substantial evidence on the record considered as a whole shall be 
conclusive, and shall file its recommendations, if any, for the 
modification or setting aside of its original order. Upon the filing of 
the record with it the jurisdiction of the court shall be exclusive and 
its judgment and decree shall be final, except that the same shall be 
subject to review by the appropriate United States court of appeals if 
application was made to the district court as hereinabove provided, and 
by the Supreme Court of the United States upon writ of certiorari or 
certification as provided in section 1254 of title 28.
  (f) [Review of final order of Board on petition to court]  Any person 
aggrieved by a final order of the Board granting or denying in whole or 
in part the relief sought may obtain a review of such order in any 
United States court of appeals in the circuit wherein the unfair labor 
practice in question was alleged to have been engaged in or wherein such 
person resides or transacts business, or in the United States Court of 
Appeals for the District of Columbia, by filing in such court a written 
petition praying that the order of the Board be modified or set aside. A 
copy of such petition shall be forthwith transmitted by the clerk of the 
court to the Board, and thereupon the aggrieved party shall file in the 
court the record in the proceeding, certified by the Board, as provided 
in section 2112 of title 28, United States Code [section 2112 of title 
28]. Upon the filing of such petition, the court shall proceed in the 
same manner

[[Page 269]]

as in the case of an application by the Board under subsection (e) of 
this section, and shall have the same jurisdiction to grant to the Board 
such temporary relief or restraining order as it deems just and proper, 
and in like manner to make and enter a decree enforcing, modifying and 
enforcing as so modified, or setting aside in whole or in part the order 
of the Board; the findings of the Board with respect to questions of 
fact if supported by substantial evidence on the record considered as a 
whole shall in like manner be conclusive.
  (g) [Institution of court proceedings as stay of Board's order]  The 
commencement of proceedings under subsection (e) or (f) of this section 
shall not, unless specifically ordered by the court, operate as a stay 
of the Board's order.
  (h) [Jurisdiction of courts unaffected by limitations prescribed in 
chapter 6 of this title]  When granting appropriate temporary relief or 
a restraining order, or making and entering a decree enforcing, 
modifying and enforcing as so modified, or setting aside in whole or in 
part an order of the Board, as provided in this section, the 
jurisdiction of courts sitting in equity shall not be limited by 
sections 101 to 115 of title 29, United States Code [chapter 6 of this 
title] [known as the ``Norris-LaGuardia Act''].
  (i)   Repealed.
  (j) [Injunctions]  The Board shall have power, upon issuance of a 
complaint as provided in subsection (b) [of this section] charging that 
any person has engaged in or is engaging in an unfair labor practice, to 
petition any United States district court, within any district wherein 
the unfair labor practice in question is alleged to have occurred or 
wherein such person resides or transacts business, for appropriate 
temporary relief or restraining order. Upon the filing of any such 
petition the court shall cause notice thereof to be served upon such 
person, and thereupon shall have jurisdiction to grant to the Board such 
temporary relief or restraining order as it deems just and proper.
  (k) [Hearings on jurisdictional strikes]  Whenever it is charged that 
any person has engaged in an unfair labor practice within the meaning of 
paragraph (4)(D) of section 8(b) [section 158(b) of this title], the 
Board is empowered and directed to hear and determine the dispute out of 
which such unfair labor practice shall have arisen, unless, within ten 
days after notice that such charge has been filed, the parties to such 
dispute submit to the Board satisfactory evidence that they have 
adjusted, or agreed upon methods for the voluntary adjustment of, the 
dispute. Upon compliance by the parties to the dispute with the decision 
of the Board or upon such voluntary adjustment of the dispute, such 
charge shall be dismissed.
  (l) [Boycotts and strikes to force recognition of uncertified labor 
organizations; injunctions; notice; service of process]  Whenever it is 
charged that any person has engaged in an unfair labor practice within

[[Page 270]]

the meaning of paragraph (4)(A), (B), or (C) of section 8(b) [section 
158(b) of this title], or section 8(e) [section 158(e) of this title] or 
section 8(b)(7) [section 158(b)(7) of this title], the preliminary 
investigation of such charge shall be made forthwith and given priority 
over all other cases except cases of like character in the office where 
it is filed or to which it is referred. If, after such investigation, 
the officer or regional attorney to whom the matter may be referred has 
reasonable cause to believe such charge is true and that a complaint 
should issue, he shall, on behalf of the Board, petition any United 
States district court within any district where the unfair labor 
practice in question has occurred, is alleged to have occurred, or 
wherein such person resides or transacts business, for appropriate 
injunctive relief pending the final adjudication of the Board with 
respect to such matter. Upon the filing of any such petition the 
district court shall have jurisdiction to grant such injunctive relief 
or temporary restraining order as it deems just and proper, 
notwithstanding any other provision of law: Provided further, That no 
temporary restraining order shall be issued without notice unless a 
petition alleges that substantial and irreparable injury to the charging 
party will be unavoidable and such temporary restraining order shall be 
effective for no longer than five days and will become void at the 
expiration of such period: Provided further, That such officer or 
regional attorney shall not apply for any restraining order under 
section 8(b)(7) [section 158(b)(7) of this title] if a charge against 
the employer under section 8(a)(2) [section 158(a)(2) of this title] has 
been filed and after the preliminary investigation, he has reasonable 
cause to believe that such charge is true and that a complaint should 
issue. Upon filing of any such petition the courts shall cause notice 
thereof to be served upon any person involved in the charge and such 
person, including the charging party, shall be given an opportunity to 
appear by counsel and present any relevant testimony: Provided further, 
That for the purposes of this subsection district courts shall be deemed 
to have jurisdiction of a labor organization (1) in the district in 
which such organization maintains its principal office, or (2) in any 
district in which its duly authorized officers or agents are engaged in 
promoting or protecting the interests of employee members. The service 
of legal process upon such officer or agent shall constitute service 
upon the labor organization and make such organization a party to the 
suit. In situations where such relief is appropriate the procedure 
specified herein shall apply to charges with respect to section 
8(b)(4)(D) [section 158(b)(4)(D) of this title].
  (m) [Priority of cases]  Whenever it is charged that any person has 
engaged in an unfair labor practice within the meaning of subsection 
(a)(3) or (b)(2) of section 8 [section 158 of this title], such charge 
shall be given priority over all other cases except cases of like 
character in the office where it is filed or to which it is referred and 
cases given priority under subsection (l) [of this section].

[[Page 271]]

                       investigatory powers

  Sec. 11.  [Sec. 161.]  For the purpose of all hearings and 
investigations, which, in the opinion of the Board, are necessary and 
proper for the exercise of the powers vested in it by section 9 and 
section 10 [sections 159 and 160 of this title]--
  (1) [Documentary evidence; summoning witnesses and taking testimony]  
The Board, or its duly authorized agents or agencies, shall at all 
reasonable times have access to, for the purpose of examination, and the 
right to copy any evidence of any person being investigated or proceeded 
against that relates to any matter under investigation or in question. 
The Board, or any member thereof, shall upon application of any party to 
such proceedings, forthwith issue to such party subpoenas requiring the 
attendance and testimony of witnesses or the production of any evidence 
in such proceeding or investigation requested in such application. 
Within five days after the service of a subpoena on any person requiring 
the production of any evidence in his possession or under his control, 
such person may petition the Board to revoke, and the Board shall 
revoke, such subpoena if in its opinion the evidence whose production is 
required does not relate to any matter under investigation, or any 
matter in question in such proceedings, or if in its opinion such 
subpoena does not describe with sufficient particularity the evidence 
whose production is required. Any member of the Board, or any agent or 
agency designated by the Board for such purposes, may administer oaths 
and affirmations, examine witnesses, and receive evidence. Such 
attendance of witnesses and the production of such evidence may be 
required from any place in the United States or any Territory or 
possession thereof, at any designated place of hearing.
  (2) [Court aid in compelling production of evidence and attendance of 
witnesses]  In case on contumacy or refusal to obey a subpoena issued to 
any person, any United States district court or the United States courts 
of any Territory or possession, within the jurisdiction of which the 
inquiry is carried on or within the jurisdiction of which said person 
guilty of contumacy or refusal to obey is found or resides or transacts 
business, upon application by the Board shall have jurisdiction to issue 
to such person an order requiring such person to appear before the 
Board, its member, agent, or agency, there to produce evidence if so 
ordered, or there to give testimony touching the matter under 
investigation or in question; and any failure to obey such order of the 
court may be punished by said court as a contempt thereof.
  (3) Repealed.

  [Immunity of witnesses. See 18 U.S.C. Sec. 6001 et seq.]

  (4) [Process, service, and return; fees of witnesses]  Complaints, 
orders and other process and papers of the Board, its member, agent, or 
agency,

[[Page 272]]

may be served either personally or by registered or certified mail or by 
telegraph or by leaving a copy thereof at the principal office or place 
of business of the person required to be served. The verified return by 
the individual so serving the same setting forth the manner of such 
service shall be proof of the same, and the return post office receipt 
or telegraph receipt therefor when registered or certified and mailed or 
when telegraphed as aforesaid shall be proof of service of the same. 
Witnesses summoned before the Board, its member, agent, or agency, shall 
be paid the same fees and mileage that are paid witnesses in the courts 
of the United States, and witnesses whose depositions are taken and the 
persons taking the same shall severally be entitled to the same fees as 
are paid for like services in the courts of the United States.
  (5) [Process, where served]  All process of any court to which 
application may be made under this Act [subchapter] may be served in the 
judicial district wherein the defendant or other person required to be 
served resides or may be found.
  (6) [Information and assistance from departments]  The several 
departments and agencies of the Government, when directed by the 
President, shall furnish the Board, upon its request, all records, 
papers, and information in their possession relating to any matter 
before the Board.
  Sec. 12.  [Sec. 162. Offenses and penalties]  Any person who shall 
willfully resist, prevent, impede, or interfere with any member of the 
Board or any of its agents or agencies in the performance of duties 
pursuant to this Act [subchapter] shall be punished by a fine of not 
more than $5,000 or by imprisonment for not more than one year, or both.

                            limitations

  Sec. 13.  [Sec. 163. Right to strike preserved]  Nothing in this Act 
[subchapter], except as specifically provided for herein, shall be 
construed so as either to interfere with or impede or diminish in any 
way the right to strike or to affect the limitations or qualifications 
on that right.
  Sec. 14.  [Sec. 164. Construction of provisions] (a) [Supervisors as 
union members]  Nothing herein shall prohibit any individual employed as 
a supervisor from becoming or remaining a member of a labor 
organization, but no employer subject to this Act [subchapter] shall be 
compelled to deem individuals defined herein as supervisors as employees 
for the purpose of any law, either national or local, relating to 
collective bargaining.
  (b) [Agreements requiring union membership in violation of State law]  
Nothing in this Act [subchapter] shall be construed as authorizing the 
execution or application of agreements requiring membership in a labor 
organization as a condition of employment in any State or Territory in 
which such execution or application is prohibited by State or 
Territorial law.

[[Page 273]]

  (c) [Power of Board to decline jurisdiction of labor disputes; 
assertion of jurisdiction by State and Territorial courts]  (1) The 
Board, in its discretion, may, by rule of decision or by published rules 
adopted pursuant to the Administrative Procedure Act [to subchapter II 
of chapter 5 of title 5], decline to assert jurisdiction over any labor 
dispute involving any class or category of employers, where, in the 
opinion of the Board, the effect of such labor dispute on commerce is 
not sufficiently substantial to warrant the exercise of its 
jurisdiction: Provided, That the Board shall not decline to assert 
jurisdiction over any labor dispute over which it would assert 
jurisdiction under the standards prevailing upon August 1, 1959.
  (2) Nothing in this Act [subchapter] shall be deemed to prevent or bar 
any agency or the courts of any State or Territory (including the 
Commonwealth of Puerto Rico, Guam, and the Virgin Islands) from assuming 
and asserting jurisdiction over labor disputes over which the Board 
declines, pursuant to paragraph (1) of this subsection, to assert 
jurisdiction.
  Sec. 15.  [Sec. 165.]  Omitted.

  [Reference to repealed provisions of bankruptcy statute.]

  Sec. 16.  [Sec. 166. Separability of provisions]  If any provision of 
this Act [subchapter], or the application of such provision to any 
person or circumstances, shall be held invalid, the remainder of this 
Act [subchapter], or the application of such provision to persons or 
circumstances other than those as to which it is held invalid, shall not 
be affected thereby.
  Sec. 17.  [Sec. 167. Short title]  This Act [subchapter] may be cited 
as the ``National Labor Relations Act.''
  Sec. 18.  [Sec. 168.]  Omitted.

  [Reference to former sec. 9(f), (g), and (h).]

              individuals with religious convictions

  Sec. 19.  [Sec. 169.]  Any employee who is a member of and adheres to 
established and traditional tenets or teachings of a bona fide religion, 
body, or sect which has historically held conscientious objections to 
joining or financially supporting labor organizations shall not be 
required to join or financially support any labor organization as a 
condition of employment; except that such employee may be required in a 
contract between such employee's employer and a labor organization in 
lieu of periodic dues and initiation fees, to pay sums equal to such 
dues and initiation fees to a nonreligious, nonlabor organization 
charitable fund exempt from taxation under section 501(c)(3) of title 26 
of the Internal Revenue Code [section 501(c)(3) of title 26], chosen by 
such employee from a list of at least three such funds, designated in 
such contract or if the contract fails to designate such funds, then to 
any such fund chosen by the employee. If such employee who holds 
conscientious objections pursuant to this section

[[Page 274]]

requests the labor organization to use the grievance-arbitration 
procedure on the employee's behalf, the labor organization is authorized 
to charge the employee for the reasonable cost of using such procedure.

  [Sec. added, Pub. L. 93-360, July 26, 1974, 88 Stat. 397, and amended, 
Pub. L. 96-593, Dec. 24, 1980, 94 Stat. 3452.]



[[Page 275]]

                  LABOR MANAGEMENT RELATIONS ACT

           Also cited LMRA; 29 U.S.C. Sec. Sec. 141-197

             [Title 29, Chapter 7, United States Code]

               short title and declaration of policy

  Section 1.  [Sec. 141.]  (a) This Act [chapter] may be cited as the 
``Labor Management Relations Act, 1947.'' [Also known as the ``Taft-
Hartley Act.'']
  (b) Industrial strife which interferes with the normal flow of 
commerce and with the full production of articles and commodities for 
commerce, can be avoided or substantially minimized if employers, 
employees, and labor organizations each recognize under law one 
another's legitimate rights in their relations with each other, and 
above all recognize under law that neither party has any right in its 
relations with any other to engage in acts or practices which jeopardize 
the public health, safety, or interest.
  It is the purpose and policy of this Act [chapter], in order to 
promote the full flow of commerce, to prescribe the legitimate rights of 
both employees and employers in their relations affecting commerce, to 
provide orderly and peaceful procedures for preventing the interference 
by either with the legitimate rights of the other, to protect the rights 
of individual employees in their relations with labor organizations 
whose activities affect commerce, to define and proscribe practices on 
the part of labor and management which affect commerce and are inimical 
to the general welfare, and to protect the rights of the public in 
connection with labor disputes affecting commerce.

                      TITLE I, Amendments to

                   NATIONAL LABOR RELATIONS ACT

            29 U.S.C. Sec. Sec. 151-169 (printed above)

                             TITLE II

     [Title 29, Chapter 7, Subchapter III, United States Code]

 conciliation of labor disputes in industries affecting commerce; 
                       national emergencies

  Sec. 201.  [Sec. 171. Declaration of purpose and policy]  It is the 
policy of the United States that--
  (a) sound and stable industrial peace and the advancement of the 
general welfare, health, and safety of the Nation and of the best 
interest of employers and employees can most satisfactorily be secured 
by the settlement of issues between employers and employees through the 
processes of con

[[Page 276]]

ference and collective bargaining between employers and the 
representatives of their employees;
  (b) the settlement of issues between employers and employees through 
collective bargaining may by advanced by making available full and 
adequate governmental facilities for conciliation, mediation, and 
voluntary arbitration to aid and encourage employers and the 
representatives of their employees to reach and maintain agreements 
concerning rates of pay, hours, and working conditions, and to make all 
reasonable efforts to settle their differences by mutual agreement 
reached through conferences and collective bargaining or by such methods 
as may be provided for in any applicable agreement for the settlement of 
disputes; and
  (c) certain controversies which arise between parties to collective-
bargaining agreements may be avoided or minimized by making available 
full and adequate governmental facilities for furnishing assistance to 
employers and the representatives of their employees in formulating for 
inclusion within such agreements provision for adequate notice of any 
proposed changes in the terms of such agreements, for the final 
adjustment of grievances or questions regarding the application or 
interpretation of such agreements, and other provisions designed to 
prevent the subsequent arising of such controversies.
  Sec. 202.  [Sec. 172.  Federal Mediation and Conciliation Service]
  (a) [Creation; appointment of Director]  There is created an 
independent agency to be known as the Federal Mediation and Conciliation 
Service (herein referred to as the ``Service,'' except that for sixty 
days after June 23, 1947, such term shall refer to the Conciliation 
Service of the Department of Labor). The Service shall be under the 
direction of a Federal Mediation and Conciliation Director (hereinafter 
referred to as the ``Director''), who shall be appointed by the 
President by and with the advice and consent of the Senate. The Director 
shall not engage in any other business, vocation, or employment.
  (b) [Appointment of officers and employees; expenditures for supplies, 
facilities, and services]  The Director is authorized, subject to the 
civil service laws, to appoint such clerical and other personnel as may 
be necessary for the execution of the functions of the Service, and 
shall fix their compensation in accordance with sections 5101 to 5115 
and sections 5331 to 5338 of title 5, United States Code [chapter 51 and 
subchapter III of chapter 53 of title 5], and may, without regard to the 
provisions of the civil service laws, appoint such conciliators and 
mediators as may be necessary to carry out the functions of the Service. 
The Director is authorized to make such expenditures for supplies, 
facilities, and services as he deems necessary. Such expenditures shall 
be allowed and paid upon presentation of itemized vouchers therefor 
approved by the Director or by any employee designated by him for that 
purpose.

[[Page 277]]

  (c) [Principal and regional offices; delegation of authority by 
Director; annual report to Congress]  The principal office of the 
Service shall be in the District of Columbia, but the Director may 
establish regional ofiices convenient to localities in which labor 
controversies are likely to arise. The Director may by order, subject to 
revocation at any time, delegate any authority and discretion conferred 
upon him by this Act [chapter] to any regional director, or other 
officer or employee of the Service. The Director may establish suitable 
procedures for cooperation with State and local mediation agencies. The 
Director shall make an annual report in writing to Congress at the end 
of the fiscal year.
  (d) [Transfer of all mediation and conciliation services to Service; 
effective date; pending proceedings unaffected]  All mediation and 
conciliation functions of the Secretary of Labor or the United States 
Conciliation Service under section 51 [repealed] of title 29, United 
States Code [this title], and all functions of the United States 
Conciliation Service under any other law are transferred to the Federal 
Mediation and Conciliation Service, together with the personnel and 
records of the United States Conciliation Service. Such transfer shall 
take effect upon the sixtieth day after June 23, 1947. Such transfer 
shall not affect any proceedings pending before the United States 
Conciliation Service or any certification, order, rule, or regulation 
theretofore made by it or by the Secretary of Labor. The Director and 
the Service shall not be subject in any way to the jurisdiction or 
authority of the Secretary of Labor or any official or division of the 
Department of Labor.

                     functions of the service

  Sec. 203.  [Sec. 173.  Functions of Service]  (a) [Settlement of 
disputes through conciliation and mediation]  It shall be the duty of 
the Service, in order to prevent or minimize interruptions of the free 
flow of commerce growing out of labor disputes, to assist parties to 
labor disputes in industries affecting commerce to settle such disputes 
through conciliation and mediation.
  (b) [Intervention on motion of Service or request of parties; 
avoidance of mediation of minor disputes]  The Service may proffer its 
services in any labor dispute in any industry affecting commerce, either 
upon its own motion or upon the request of one or more of the parties to 
the dispute, whenever in its judgment such dispute threatens to cause a 
substantial interruption of commerce. The Director and the Service are 
directed to avoid attempting to mediate disputes which would have only a 
minor effect on interstate commerce if State or other conciliation 
services are available to the parties. Whenever the Service does proffer 
its services in any dispute, it shall be the duty of the Service 
promptly to put itself in communication with the parties and to use its 
best efforts, by mediation and conciliation, to bring them to agreement.

[[Page 278]]

  (c) [Settlement of disputes by other means upon failure of concilia-
tion]  If the Director is not able to bring the parties to agreement by 
conciliation within a reasonable time, he shall seek to induce the 
parties voluntarily to seek other means of settling the dispute without 
resort to strike, lockout, or other coercion, including submission to 
the employees in the bargaining unit of the employer's last offer of 
settlement for approval or rejection in a secret ballot. The failure or 
refusal of either party to agree to any procedure suggested by the 
Director shall not be deemed a violation of any duty or obligation 
imposed by this Act [chapter].
  (d) [Use of conciliation and mediation services as last resort]  Final 
adjustment by a method agreed upon by the parties is declared to be the 
desirable method for settlement of grievance disputes arising over the 
application or interpretation of an existing collective-bargaining 
agreement. The Service is directed to make its conciliation and 
mediation services available in the settlement of such grievance 
disputes only as a last resort and in exceptional cases.
  (e) [Encouragement and support of establishment and operation of joint 
labor management activities conducted by committees]  The Service is 
authorized and directed to encourage and support the establishment and 
operation of joint labor management activities conducted by plant, area, 
and industrywide committees designed to improve labor management 
relationships, job security and organizational effectiveness, in 
accordance with the provisions of section 205A [section 175a of this 
title].

  [Pub. L. 95-524, Sec. 6(c)(1), Oct. 27, 1978, 92 Stat. 2020, added 
subsec. (e).]

  (f) [Use of alternative means of dispute resolution procedures; 
assignment of neutrals and arbitrators]  The Service may make its 
services available to Federal agencies to aid in the resolution of 
disputes under the provisions of subchapter IV of chapter 5 of title 5. 
Functions performed by the Service may include assisting parties to 
disputes related to administrative programs, training persons in skills 
and procedures employed in alternative means of dispute resolution, and 
furnishing officers and employees of the Service to act as neutrals. 
Only officers and employees who are qualified in accordance with section 
573 of title 5 may be assigned to act as neutrals. The Service shall 
consult with the Administrative Conference of the United States and 
other agencies in maintaining rosters of neutrals and arbitrators, and 
to adopt such procedures and rules as are necessary to carry out the 
services authorized in this subsection.

  [As amended Nov. 15, 1990, Pub. L. 101-552, Sec. 7, 104 Stat. 2746; 
Aug. 26, 1992, Pub. L. 102-354, Sec. 5(b)(5), 106 Stat. 946.]
  [It appears that Sec. 173(f) terminated on October 1, 1995, pursuant 
to a sunset provision. As of the date of this publication, it does not 
appear that it was reenacted. Persons having an interest in the 
application of Sec. 173(f) to proceedings commencing after October 1, 
1995, should check to see whether the provision was renewed.]

[[Page 279]]

  Sec. 204.  [Sec. 174.  Co-equal obligations of employees, their 
representatives, and management to minimize labor disputes]  (a) In 
order to prevent or minimize interruptions of the free flow of commerce 
growing out of labor disputes, employers and employees and their 
representatives, in any industry affecting commerce, shall--
    (1) exert every reasonable effort to make and maintain agreements 
  concerning rates of pay, hours, and working conditions, including 
  provision for adequate notice of any proposed change in the terms of 
  such agreements;
    (2) whenever a dispute arises over the terms or application of a 
  collective-bargaining agreement and a conference is requested by a 
  party or prospective party thereto, arrange promptly for such a 
  conference to be held and endeavor in such conference to settle such 
  dispute expeditiously; and
    (3) in case such dispute is not settled by conference, participate 
  fully and promptly in such meetings as may be undertaken by the 
  Service under this Act [chapter] for the purpose of aiding in a 
  settlement of the dispute.
  Sec. 205.  [Sec. 175.  National Labor-Management Panel; creation and 
composition; appointment, tenure, and compensation; duties]  (a) There 
is created a National Labor-Management Panel which shall be composed of 
twelve members appointed by the President, six of whom shall be elected 
from among persons outstanding in the field of management and six of 
whom shall be selected from among persons outstanding in the field of 
labor. Each member shall hold office for a term of three years, except 
that any member appointed to fill a vacancy occurring prior to the 
expiration of the term for which his predecessor was appointed shall be 
appointed for the remainder of such term, and the terms of office of the 
members first taking office shall expire, as designated by the President 
at the time of appointment, four at the end of the first year, four at 
the end of the second year, and four at the end of the third year after 
the date of appointment. Members of the panel, when serving on business 
of the panel, shall be paid compensation at the rate of $25 per day, and 
shall also be entitled to receive an allowance for actual and necessary 
travel and subsistence expenses while so serving away from their places 
of residence.
  (b) It shall be the duty of the panel, at the request of the Director, 
to advise in the avoidance of industrial controversies and the manner in 
which mediation and voluntary adjustment shall be administered, 
particularly with reference to controversies affecting the general 
welfare of the country.
  Sec. 205A.  [Sec. 175a. Assistance to plant, area, and industrywide 
labor management committees]
  (a) [Establishment and operation of plant, area, and industrywide 
committees]  (1) The Service is authorized and directed to provide 
assist

[[Page 280]]

ance in the establishment and operation of plant, area and industrywide 
labor management committees which--
    (A) have been organized jointly by employers and labor organizations 
  representing employees in that plant, area, or industry; and
    (B) are established for the purpose of improving labor management 
  relationships, job security, organizational effectiveness, enhancing 
  economic development or involving workers in decisions affecting their 
  jobs including improving communication with respect to subjects of 
  mutual interest and concern.
  (2) The Service is authorized and directed to enter into contracts and 
to make grants, where necessary or appropriate, to fulfill its 
responsibilities under this section.
  (b) [Restrictions on grants, contracts, or other assistance]  (1) No 
grant may be made, no contract may be entered into and no other 
assistance may be provided under the provisions of this section to a 
plant labor management committee unless the employees in that plant are 
represented by a labor organization and there is in effect at that plant 
a collective bargaining agreement.
  (2) No grant may be made, no contract may be entered into and no other 
assistance may be provided under the provisions of this section to an 
area or industrywide labor management committee unless its participants 
include any labor organizations certified or recognized as the 
representative of the employees of an employer participating in such 
committee. Nothing in this clause shall prohibit participation in an 
area or industrywide committee by an employer whose employees are not 
represented by a labor organization.
  (3) No grant may be made under the provisions of this section to any 
labor management committee which the Service finds to have as one of its 
purposes the discouragement of the exercise of rights contained in 
section 7 of the National Labor Relations Act (29 U.S.C. Sec. 157) 
[section 157 of this title], or the interference with collective 
bargaining in any plant, or industry.
  (c) [Establishment of office]  The Service shall carry out the 
provisions of this section through an office established for that 
purpose.
  (d) [Authorization of appropriations]  There are authorized to be 
appropriated to carry out the provisions of this section $10,000,000 for 
the fiscal year 1979, and such sums as may be necessary thereafter.

  [Pub. L. 95-524, Sec. 6(c)(2), Oct. 27, 1978, 92 Stat. 2020, added 
Sec. 205A.]

                       national emergencies

  Sec. 206.  [Sec. 176. Appointment of board of inquiry by President; 
report; contents; filing with Service]  Whenever in the opinion of the 
President of the United States, a threatened or actual strike or lockout 
affecting an entire industry or a substantial part thereof engaged in 
trade,

[[Page 281]]

commerce, transportation, transmission, or communication among the 
several States or with foreign nations, or engaged in the production of 
goods for commerce, will, if permitted to occur or to continue, imperil 
the national health or safety, he may appoint a board of inquiry to 
inquire into the issues involved in the dispute and to make a written 
report to him within such time as he shall prescribe. Such report shall 
include a statement of the facts with respect to the dispute, including 
each party's statement of its position but shall not contain any 
recommendations. The President shall file a copy of such report with the 
Service and shall make its contents available to the public.
  Sec. 207.  [Sec. 177.  Board of inquiry]
  (a) [Composition]  A board of inquiry shall be composed of a chairman 
and such other members as the President shall determine, and shall have 
power to sit and act in any place within the United States and to 
conduct such hearings either in public or in private, as it may deem 
necessary or proper, to ascertain the facts with respect to the causes 
and circumstances of the dispute.
  (b) [Compensation]  Members of a board of inquiry shall receive 
compensation at the rate of $50 for each day actually spent by them in 
the work of the board, together with necessary travel and subsistence 
expenses.
  (c) [Powers of discovery]  For the purpose of any hearing or inquiry 
conducted by any board appointed under this title [29 U.S.C.S. 
Sec. Sec. 171-183], the provisions of sections 9 and 10 (relating to the 
attendance of witnesses and the production of books, papers, and 
documents) of the Federal Trade Commission Act of September 16 [26], 
1914, as amended (U.S.C. [19], title 15, secs. 49 and 50, as amended), 
are hereby made applicable to the powers and duties of such board. (June 
23, 1947, ch 120 Title II, Sec. 61 Stat. 155.)
  Sec. 208.  [Sec. 178. Injunctions during national emergency]
  (a) [Petition to district court by Attorney General on direction of 
President]  Upon receiving a report from a board of inquiry the 
President may direct the Attorney General to petition any district court 
of the United States having jurisdiction of the parties to enjoin such 
strike or lockout or the continuing thereof, and if the court finds that 
such threatened or actual strike or lockout--
    (i) affects an entire industry or a substantial part thereof engaged 
  in trade, commerce, transportation, transmission, or communication 
  among the several States or with foreign nations, or engaged in the 
  production of goods for commerce; and
    (ii) if permitted to occur or to continue, will imperil the national 
  health or safety, it shall have jurisdiction to enjoin any such strike 
  or lockout, or the continuing thereof, and to make such other orders 
  as may be appropriate.

[[Page 282]]

  (b) [Inapplicability of chapter 6]  In any case, the provisions of 
sections 101 to 115 of title 29, United States Code [chapter 6 of this 
title] [known as the ``Norris-LaGuardia Act''] shall not be applicable.
  (c) [Review of orders]  The order or orders of the court shall be 
subject to review by the appropriate circuit court of appeals [court of 
appeals] and by the Supreme Court upon writ of certiorari or 
certification as provided in sections 239 and 240 of the Judicial Code, 
as amended (U.S.C., title 29, secs. 346 and 347). (June 23, 1947, ch 
120, Title II Sec. 208, 61 Stat. 155.)
  Sec. 209. [Sec. 179. Injunctions during national emergency; adjustment 
efforts by parties during injunction period]
  (a) [Assistance of Service; acceptance of Service's proposed 
settlement]  Whenever a district court has issued an order under section 
208 [section 178 of this title] enjoining acts or practices which 
imperil or threaten to imperil the national health or safety, it shall 
be the duty of the parties to the labor dispute giving rise to such 
order to make every effort to adjust and settle their differences, with 
the assistance of the Service created by this Act [chapter]. Neither 
party shall be under any duty to accept, in whole or in part, any 
proposal of settlement made by the Service.
  (b) [Reconvening of board of inquiry; report by board; contents; 
secret ballot of employees by National Labor Relations Board; 
certification of results to Attorney General]  Upon the issuance of such 
order, the President shall reconvene the board of inquiry which has 
previously reported with respect to the dispute. At the end of a sixty-
day period (unless the dispute has been settled by that time), the board 
of inquiry shall report to the President the current position of the 
parties and the efforts which have been made for settlement, and shall 
include a statement by each party of its position and a statement of the 
employer's last offer of settlement. The President shall make such 
report available to the public. The National Labor Relations Board, 
within the succeeding fifteen days, shall take a secret ballot of the 
employees of each employer involved in the dispute on the question of 
whether they wish to accept the final offer of settlement made by their 
employer, as stated by him, and shall certify the results thereof to the 
Attorney General within five days thereafter.
  Sec. 210.  [Sec. 180. Discharge of injunction upon certification of 
results of election or settlement; report to Congress]  Upon the 
certification of the results of such ballot or upon a settlement being 
reached, whichever happens sooner, the Attorney General shall move the 
court to discharge the injunction, which motion shall then be granted, 
and the injunction discharged. When such motion is granted, the 
President shall submit to the Congress a full and comprehensive report 
of the proceedings, including the findings of the board of inquiry and 
the ballot taken by the National Labor Relations Board, together with 
such recommendations as he may see fit to make for consideration and 
appropriate action.

[[Page 283]]

       compilation of collective-bargaining agreements, etc.

  Sec. 211.  [Sec. 181.]  (a) For the guidance and information of 
interested representatives of employers, employees, and the general 
public, the Bureau of Labor Statistics of the Department of Labor shall 
maintain a file of copies of all available collective-bargaining 
agreements and other available agreements and actions thereunder 
settling or adjusting labor disputes. Such file shall be open to 
inspection under appropriate conditions prescribed by the Secretary of 
Labor, except that no specific information submitted in confidence shall 
be disclosed.
  (b) The Bureau of Labor Statistics in the Department of Labor is 
authorized to furnish upon request of the Service, or employers, 
employees, or their representatives, all available data and factual 
information which may aid in the settlement of any labor dispute, except 
that no specific information submitted in confidence shall be disclosed.

                  exemption of railway labor act

  Sec. 212.  [Sec. 182.]  The provisions of this title [subchapter] 
shall not be applicable with respect to any matter which is subject to 
the provisions of the Railway Labor Act [45 U.S.C. Sec. 151 et seq.], as 
amended from time to time.

    conciliation of labor disputes in the health care industry

  Sec. 213.  [Sec. 183.]  (a) [Establishment of Boards of Inquiry; 
membership]  If, in the opinion of the Director of the Federal Mediation 
and Conciliation Service, a threatened or actual strike or lockout 
affecting a health care institution will, if permitted to occur or to 
continue, substantially interrupt the delivery of health care in the 
locality concerned, the Director may further assist in the resolution of 
the impasse by establishing within thirty days after the notice to the 
Federal Mediation and Conciliation Service under clause (A) of the last 
sentence of section 8(d) [section 158(d) of this title] (which is 
required by clause (3) of such section 8(d) [section 158(d) of this 
title]), or within ten days after the notice under clause (B), an 
impartial Board of Inquiry to investigate the issues involved in the 
dispute and to make a written report thereon to the parties within 
fifteen (15) days after the establishment of such a Board. The written 
report shall contain the findings of fact together with the Board's 
recommendations for settling the dispute, with the objective of 
achieving a prompt, peaceful and just settlement of the dispute. Each 
such Board shall be composed of such number of individuals as the 
Director may deem desirable. No member appointed under this section 
shall have any interest or involvement in the health care institutions 
or the employee organizations involved in the dispute.
  (b) [Compensation of members of Boards of Inquiry]  (1) Members of any 
board established under this section who are otherwise employed

[[Page 284]]

by the Federal Government shall serve without compensation but shall be 
reimbursed for travel, subsistence, and other necessary expenses 
incurred by them in carrying out its duties under this section.
  (2) Members of any board established under this section who are not 
subject to paragraph (1) shall receive compensation at a rate prescribed 
by the Director but not to exceed the daily rate prescribed for GS-18 of 
the General Schedule under section 5332 of title 5, United States Code 
[section 5332 of title 5], including travel for each day they are 
engaged in the performance of their duties under this section and shall 
be entitled to reimbursement for travel, subsistence, and other 
necessary expenses incurred by them in carrying out their duties under 
this section.
  (c) [Maintenance of status quo]  After the establishment of a board 
under subsection (a) of this section and for fifteen days after any such 
board has issued its report, no change in the status quo in effect prior 
to the expiration of the contract in the case of negotiations for a 
contract renewal, or in effect prior to the time of the impasse in the 
case of an initial bargaining negotiation, except by agreement, shall be 
made by the parties to the controversy.
  (d) [Authorization of appropriations]  There are authorized to be 
appropriated such sums as may be necessary to carry out the provisions 
of this section.

                             TITLE III

     [Title 29, Chapter 7, Subchapter IV, United States Code]

             suits by and against labor organizations

  Sec. 301.  [Sec. 185.]  (a) [Venue, amount, and citizenship]  Suits 
for violation of contracts between an employer and a labor organization 
representing employees in an industry affecting commerce as defined in 
this Act [chapter], or between any such labor organization, may be 
brought in any district court of the United States having jurisdiction 
of the parties, without respect to the amount in controversy or without 
regard to the citizenship of the parties.
  (b) [Responsibility for acts of agent; entity for purposes of suit; 
enforcement of money judgments]  Any labor organization which represents 
employees in an industry affecting commerce as defined in this Act 
[chapter] and any employer whose activities affect commerce as defined 
in this Act [chapter] shall be bound by the acts of its agents. Any such 
labor organization may sue or be sued as an entity and in behalf of the 
employees whom it represents in the courts of the United States. Any 
money judgment against a labor organization in a district court of the 
United States shall be enforceable only against the organization as an 
entity and against its assets, and shall not be enforceable against any 
individual member or his assets.

[[Page 285]]

  (c) [Jurisdiction]  For the purposes of actions and proceedings by or 
against labor organizations in the district courts of the United States, 
district courts shall be deemed to have jurisdiction of a labor 
organization (1) in the district in which such organization maintains 
its principal offices, or (2) in any district in which its duly 
authorized officers or agents are engaged in representing or acting for 
employee members.
  (d) [Service of process]  The service of summons, subpoena, or other 
legal process of any court of the United States upon an officer or agent 
of a labor organization, in his capacity as such, shall constitute 
service upon the labor organization.
  (e) [Determination of question of agency]  For the purposes of this 
section, in determining whether any person is acting as an ``agent'' of 
another person so as to make such other person responsible for his acts, 
the question of whether the specific acts performed were actually 
authorized or subsequently ratified shall not be controlling.

       restrictions on payments to employee representatives

  Sec. 302. [Sec. 186.]  (a) [Payment or lending, etc., of money by 
employer or agent to employees, representatives, or labor organizations]  
It shall be unlawful for any employer or association of employers or any 
person who acts as a labor relations expert, adviser, or consultant to 
an employer or who acts in the interest of an employer to pay, lend, or 
deliver, or agree to pay, lend, or deliver, any money or other thing of 
value--
  (1) to any representative of any of his employees who are employed in 
an industry affecting commerce; or
  (2) to any labor organization, or any officer or employee thereof, 
which represents, seeks to represent, or would admit to membership, any 
of the employees of such employer who are employed in an industry 
affecting commerce;
  (3) to any employee or group or committee of employees of such 
employer employed in an industry affecting commerce in excess of their 
normal compensation for the purpose of causing such employee or group or 
committee directly or indirectly to influence any other employees in the 
exercise of the right to organize and bargain collectively through 
representatives of their own choosing; or
  (4) to any officer or employee of a labor organization engaged in an 
industry affecting commerce with intent to influence him in respect to 
any of his actions, decisions, or duties as a representative of 
employees or as such officer or employee of such labor organization.
  (b) [Request, demand, etc., for money or other thing of value]
  (1) It shall be unlawful for any person to request, demand, receive, 
or accept, or agree to receive or accept, any payment, loan, or delivery

[[Page 286]]

of any money or other thing of value prohibited by subsection (a) of 
this section.
  (2) It shall be unlawful for any labor organization, or for any person 
acting as an officer, agent, representative, or employee of such labor 
organization, to demand or accept from the operator of any motor vehicle 
(as defined in section 13102 of title 49) employed in the transportation 
of property in commerce, or the employer of any such operator, any money 
or other thing of value payable to such organization or to an officer, 
agent, representative or employee thereof as a fee or charge for the 
unloading, or in connection with the unloading, of the cargo of such 
vehicle: Provided, That nothing in this paragraph shall be construed to 
make unlawful any payment by an employer to any of his employees as 
compensation for their services as employees.
  (c) [Exceptions]  The provisions of this section shall not be 
applicable (1) in respect to any money or other thing of value payable 
by an employer to any of his employees whose established duties include 
acting openly for such employer in matters of labor relations or 
personnel administration or to any representative of his employees, or 
to any officer or employee of a labor organization, who is also an 
employee or former employee of such employer, as compensation for, or by 
reason of, his service as an employee of such employer; (2) with respect 
to the payment or delivery of any money or other thing of value in 
satisfaction of a judgment of any court or a decision or award of an 
arbitrator or impartial chairman or in compromise, adjustment, 
settlement, or release of any claim, complaint, grievance, or dispute in 
the absence of fraud or duress; (3) with respect to the sale or purchase 
of an article or commodity at the prevailing market price in the regular 
course of business; (4) with respect to money deducted from the wages of 
employees in payment of membership dues in a labor organization: 
Provided, That the employer has received from each employee, on whose 
account such deductions are made, a written assignment which shall not 
be irrevocable for a period of more than one year, or beyond the 
termination date of the applicable collective agreement, whichever 
occurs sooner; (5) with respect to money or other thing of value paid to 
a trust fund established by such representative, for the sole and 
exclusive benefit of the employees of such employer, and their families 
and dependents (or of such employees, families, and dependents jointly 
with the employees of other employers making similar payments, and their 
families and dependents): Provided, That (A) such payments are held in 
trust for the purpose of paying, either from principal or income or 
both, for the benefit of employees, their families and dependents, for 
medical or hospital care, pensions on retirement or death of employees, 
compensation for injuries or illness resulting from occupational 
activity or insurance to provide any of the foregoing, or unemployment 
benefits or life insurance, disability and sickness insurance, or 
accident insurance; (B) the detailed basis on

[[Page 287]]

which such payments are to be made is specified in a written agreement 
with the employer, and employees and employers are equally represented 
in the administration of such fund, together with such neutral persons 
as the representatives of the employers and the representatives of 
employees may agree upon and in the event the employer and employee 
groups deadlock on the administration of such fund and there are no 
neutral persons empowered to break such deadlock, such agreement 
provides that the two groups shall agree on an impartial umpire to 
decide such dispute, or in event of their failure to agree within a 
reasonable length of time, an impartial umpire to decide such dispute 
shall, on petition of either group, be appointed by the district court 
of the United States for the district where the trust fund has its 
principal office, and shall also contain provisions for an annual audit 
of the trust fund, a statement of the results of which shall be 
available for inspection by interested persons at the principal office 
of the trust fund and at such other places as may be designated in such 
written agreement; and (C) such payments as are intended to be used for 
the purpose of providing pensions or annuities for employees are made to 
a separate trust which provides that the funds held therein cannot be 
used for any purpose other than paying such pensions or annuities; (6) 
with respect to money or other thing of value paid by any employer to a 
trust fund established by such representative for the purpose of pooled 
vacation, holiday, severance or similar benefits, or defraying costs of 
apprenticeship or other training programs: Provided, That the 
requirements of clause (B) of the proviso to clause (5) of this 
subsection shall apply to such trust funds; (7) with respect to money or 
other thing of value paid by any employer to a pooled or individual 
trust fund established by such representative for the purpose of (A) 
scholarships for the benefit of employees, their families, and 
dependents for study at educational institutions, (B) child care centers 
for preschool and school age dependents of employees, or (C) financial 
assistance for employee housing: Provided, That no labor organization or 
employer shall be required to bargain on the establishment of any such 
trust fund, and refusal to do so shall not constitute an unfair labor 
practice: Provided further, That the requirements of clause (B) of the 
proviso to clause (5) of this subsection shall apply to such trust 
funds; (8) with respect to money or any other thing of value paid by any 
employer to a trust fund established by such representative for the 
purpose of defraying the costs of legal services for employees, their 
families, and dependents for counsel or plan of their choice: Provided, 
That the requirements of clause (B) of the proviso to clause (5) of this 
subsection shall apply to such trust funds: Provided further, That no 
such legal services shall be furnished: (A) to initiate any proceeding 
directed (i) against any such employer or its officers or agents except 
in workman's compensation cases, or (ii) against such labor 
organization, or its parent or subordinate bodies, or their officers or 
agents, or (iii) against any other

[[Page 288]]

employer or labor organization, or their officers or agents, in any 
matter arising under subchapter II of this chapter or this chapter; and 
(B) in any proceeding where a labor organization would be prohibited 
from defraying the costs of legal services by the provisions of the 
Labor-Management Reporting and Disclosure Act of 1959 [29 U.S.C.A. 
Sec. 401 et seq.]; or (9) with respect to money or other things of value 
paid by an employer to a plant, area or industrywide labor management 
committee established for one or more of the purposes set forth in 
section 5(b) of the Labor Management Cooperation Act of 1978.

  [Sec. 302(c)(7) was added by Pub. L. 91-86, Oct. 14, 1969, 83 Stat. 
133; Sec. 302(c)(8) by Pub. L. 93-95, Aug. 15, 1973, 87 Stat. 314; Sec. 
302(c)(9) by Pub. L. 95-524, Oct. 27, 1978, 92 Stat. 2021; and Sec. 
302(c)(7) was amended by Pub. L. 101-273, Apr. 18, 1990, 104 Stat. 138.]

  (d) [Penalty for violations]
  (1) Any person who participates in a transaction involving a payment, 
loan, or delivery of money or other thing of value to a labor 
organization in payment of membership dues or to a joint labor-
management trust fund as defined by clause (B) of the proviso to clause 
(5) of subsection (c) of this section or to a plant, area, or 
industrywide labor-management committee that is received and used by 
such labor organization, trust fund, or committee, which transaction 
does not satisfy all the applicable requirements of subsections (c)(4) 
through (c)(9) of this section, and willfully and with intent to benefit 
himself or to benefit other persons he knows are not permitted to 
receive a payment, loan, money, or other thing of value under 
subsections (c)(4) through (c)(9) violates this subsection, shall, upon 
conviction thereof, be guilty of a felony and be subject to a fine of 
not more than $15,000, or imprisoned for not more than five years, or 
both; but if the value of the amount of money or thing of value involved 
in any violation of the provisions of this section does not exceed 
$1,000, such person shall be guilty of a misdemeanor and be subject to a 
fine of not more than $10,000, or imprisoned for not more than one year, 
or both.
  (2) Except for violations involving transactions covered by subsection 
(d)(1) of this section, any person who willfully violates this section 
shall, upon conviction thereof, be guilty of a felony and be subject to 
a fine of not more than $15,000, or imprisoned for not more than five 
years, or both; but if the value of the amount of money or thing of 
value involved in any violation of the provisions of this section does 
not exceed $1,000, such person shall be guilty of a misdemeanor and be 
subject to a fine of not more than $10,000, or imprisoned for not more 
than one year, or both.

  [As amended Oct. 27, 1978, Pub. L. 95-524, Sec. 6(d), 92 Stat. 2021; 
Oct. 12, 1984, Pub. L. 98-473, Title II, Sec. 801, 98 Stat. 2131; Apr. 
18, 1990, Pub. L. 101-273, Sec. 1, 104 Stat. 138.]

[[Page 289]]

  (e) [Jurisdiction of courts]  The district courts of the United States 
and the United States courts of the Territories and possessions shall 
have jurisdiction, for cause shown, and subject to the provisions of 
rule 65 of the Federal Rules of Civil Procedure [section 381 (repealed) 
of title 28] (relating to notice to opposite party) to restrain 
violations of this section, without regard to the provisions of section 
7 of title 15 and section 52 of title 29, United States Code [of this 
title] [known as the ``Clayton Act''], and the provisions of sections 
101 to 115 of title 29, United States Code [chapter 6 of this title] 
[known as the ``Norris-LaGuardia Act''].
  (f) [Effective date of provisions]  This section shall not apply to 
any contract in force on June 23, 1947, until the expiration of such 
contract, or until July 1, 1948, whichever first occurs.
  (g) [Contributions to trust funds]  Compliance with the restrictions 
contained in subsection (c)(5)(B) [of this section] upon contributions 
to trust funds, otherwise lawful, shall not be applicable to 
contributions to such trust funds established by collective agreement 
prior to January 1, 1946, nor shall subsection (c)(5)(A) [of this 
section] be construed as prohibiting contributions to such trust funds 
if prior to January 1, 1947, such funds contained provisions for pooled 
vacation benefits.

             boycotts and other unlawful combinations

  Sec. 303.  [Sec. 187.]  (a) It shall be unlawful, for the purpose of 
this section only, in an industry or activity affecting commerce, for 
any labor organization to engage in any activity or conduct defined as 
an unfair labor practice in section 8(b)(4) of the National Labor 
Relations Act [section 158(b)(4) of this title].
  (b) Whoever shall be injured in his business or property by reason of 
any violation of subsection (a) [of this section] may sue therefor in 
any district court of the United States subject to the limitation and 
provisions of section 301 hereof [section 185 of this title] without 
respect to the amount in controversy, or in any other court having 
jurisdiction of the parties, and shall recover the damages by him 
sustained and the cost of the suit.

              restriction on political contributions

  Sec. 304.  Repealed.

  [See sec. 316 of the Federal Election Campaign Act of 1972, 2 U.S.C. 
Sec. 441b.]

  Sec. 305.  [Sec. 188.]  Strikes by Government employees.  Repealed.

  [See 5 U.S.C. Sec. 7311 and 18 U.S.C. Sec. 1918.]

[[Page 290]]

                             TITLE IV

      [Title 29, Chapter 7, Subchapter V, United States Code]

creation of joint committee to study and report on basic problems 
        affecting friendly labor relations and productivity

  Secs. 401-407. [Sec. Sec. 191-197.]  Omitted.

                              TITLE V

      [Title 29, Chapter 7, Subchapter I, United States Code]

                            definitions

  Sec. 501.  [Sec. 142.]  When used in this Act [chapter]--
  (1) The term ``industry affecting commerce'' means any industry or 
activity in commerce or in which a labor dispute would burden or 
obstruct commerce or tend to burden or obstruct commerce or the free 
flow of commerce.
  (2) The term ``strike'' includes any strike or other concerted 
stoppage of work by employees (including a stoppage by reason of the 
expiration of a collective-bargaining agreement) and any concerted 
slowdown or other concerted interruption of operations by employees.
  (3) The terms ``commerce,'' ``labor disputes,'' ``employer,'' 
``employee,'' ``labor organization,'' ``representative,'' ``person,'' 
and ``supervisor'' shall have the same meaning as when used in the 
National Labor Relations Act as amended by this Act [in subchapter II of 
this chapter].

                         saving provision

  Sec. 502.  [Sec. 143.]  [Abnormally dangerous conditions]   Nothing in 
this Act [chapter] shall be construed to require an individual employee 
to render labor or service without his consent, nor shall anything in 
this Act [chapter] be construed to make the quitting of his labor by an 
individual employee an illegal act; nor shall any court issue any 
process to compel the performance by an individual employee of such 
labor or service, without his consent; nor shall the quitting of labor 
by an employee or employees in good faith because of abnormally 
dangerous conditions for work at the place of employment of such 
employee or employees be deemed a strike under this Act [chapter].

                           separability

  Sec. 503.  [Sec. 144.]  If any provision of this Act [chapter], or the 
application of such provision to any person or circumstance, shall be 
held invalid, the remainder of this Act [chapter], or the application of 
such provision to persons or circumstances other than those as to which 
it is held invalid, shall not be affected thereby.