-CITE-
    29 USC CHAPTER 7 - LABOR-MANAGEMENT RELATIONS               01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS

-HEAD-
                  CHAPTER 7 - LABOR-MANAGEMENT RELATIONS              

-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    141.        Short title; Congressional declaration of purpose and
                 policy.                                              
    142.        Definitions.                                          
    143.        Saving provisions.                                    
    144.        Separability.                                         

                 SUBCHAPTER II - NATIONAL LABOR RELATIONS             
    151.        Findings and declaration of policy.                   
    152.        Definitions.                                          
    153.        National Labor Relations Board.                       
    154.        National Labor Relations Board; eligibility for
                 reappointment; officers and employees; payment of
                 expenses.                                            
    155.        National Labor Relations Board; principal office,
                 conducting inquiries throughout country;
                 participation in decisions or inquiries conducted by
                 member.                                              
    156.        Rules and regulations.                                
    157.        Right of employees as to organization, collective
                 bargaining, etc.                                     
    158.        Unfair labor practices.                               
    158a.       Providing facilities for operations of Federal Credit
                 Unions.                                              
    159.        Representatives and elections.                        
    160.        Prevention of unfair labor practices.                 
    161.        Investigatory powers of Board.                        
    162.        Offenses and penalties.                               
    163.        Right to strike preserved.                            
    164.        Construction of provisions.                           
    165.        Conflict of laws.                                     
    166.        Separability.                                         
    167.        Short title of subchapter.                            
    168.        Validation of certificates and other Board actions.   
    169.        Employees with religious convictions; payment of dues
                 and fees.                                            

         SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL
                                EMERGENCIES
    171.        Declaration of purpose and policy.                    
    172.        Federal Mediation and Conciliation Service.           
    173.        Functions of Service.                                 
    174.        Co-equal obligations of employees, their
                 representatives, and management to minimize labor
                 disputes.                                            
    175.        National Labor-Management Panel; creation and
                 composition; appointment, tenure, and compensation;
                 duties.                                              
    175a.       Assistance to plant, area, and industrywide labor
                 management committees.                               
    176.        National emergencies; appointment of board of inquiry
                 by President; report; contents; filing with Service. 
    177.        Board of inquiry.                                     
    178.        Injunctions during national emergency.                
    179.        Injunctions during national emergency; adjustment
                 efforts by parties during injunction period.         
    180.        Discharge of injunction upon certification of results
                 of election or settlement; report to Congress.       
    181.        Compilation of collective bargaining agreements, etc.;
                 use of data.                                         
    182.        Exemption of Railway Labor Act from subchapter.       
    183.        Conciliation of labor disputes in the health care
                 industry.                                            

       SUBCHAPTER IV - LIABILITIES OF AND RESTRICTIONS ON LABOR AND
                                MANAGEMENT
    185.        Suits by and against labor organizations.             
    186.        Restrictions on financial transactions.               
    187.        Unlawful activities or conduct; right to sue;
                 jurisdiction; limitations; damages.                  
    188.        Repealed.                                             

     SUBCHAPTER V - CONGRESSIONAL JOINT COMMITTEE ON LABOR-MANAGEMENT
                                 RELATIONS
    191 to 197. Omitted.                                              

-End-

-CITE-
    29 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-

-CITE-
    29 USC Sec. 141                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 141. Short title; Congressional declaration of purpose and
      policy

-STATUTE-
      (a) This chapter may be cited as the "Labor Management Relations
    Act, 1947".
      (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 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.

-SOURCE-
    (June 23, 1947, ch. 120, Sec. 1, 61 Stat. 136.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "This Act" meaning act June 23, 1947, ch. 120, 61 Stat. 136, as
    amended, which is classified principally to this subchapter and
    subchapters III (Sec. 171 et seq.) and IV (Sec. 185 et seq.) of
    this chapter. For complete classification of this act to the Code,
    see Tables.

-MISC1-
                       SHORT TITLE OF 1978 AMENDMENT                   
      Pub. L. 95-524, Sec. 6(a), Oct. 27, 1978, 92 Stat. 2020, provided
    that: "This section [enacting section 175a of this title, amending
    sections 173 and 186 of this title, and enacting provisions set out
    as notes under section 175a of this title] may be cited as the
    'Labor Management Cooperation Act of 1978'."

        NATIONAL COMMISSION ON TECHNOLOGY, AUTOMATION, AND ECONOMIC
                                 PROGRESS
      Pub. L. 88-444, Aug. 19, 1964, 78 Stat. 462, established the
    National Commission on Technology, Automation, and Economic
    Progress, to make a comprehensive and impartial study and make
    recommendations from time to time as needed for constructive
    action. The Commission was directed to submit a final report of its
    findings and recommendations to the President and the Congress by
    January 1, 1966, and ceased 30 days after submitting its final
    report.

-EXEC-
                         EXECUTIVE ORDER NO. 10918                     
      Ex. Ord. No. 10918, Feb. 16, 1961, 26 F.R. 1427, which
    established the President's Advisory Committee on Labor-Management
    Policy, was revoked by Ex. Ord. No. 11710, Apr. 4, 1973, 38 F.R.
    9071, formerly set out below.

                         EXECUTIVE ORDER NO. 11710                     
      Ex. Ord. No. 11710, Apr. 4, 1973, 38 F.R. 9071, as amended by Ex.
    Ord. No. 11729, July 12, 1973, 38 F.R. 18863, which established the
    National Commission for Industrial Peace, was revoked by Ex. Ord.
    No. 11823, Dec. 12, 1974, 39 F.R. 43529.

                         EXECUTIVE ORDER NO. 11809                     
      Ex. Ord. No. 11809, Sept. 30, 1974, 39 F.R. 35565, which
    established the President's Labor-Management Committee, was revoked
    by Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, set out as a
    note under section 14 of the Federal Advisory Committee Act in the
    Appendix to Title 5, Government Organization and Employees.

-End-

-CITE-
    29 USC Sec. 142                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 142. Definitions

-STATUTE-
      When used in this 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
      subchapter II of this chapter.

-SOURCE-
    (June 23, 1947, ch. 120, title V, Sec. 501, 61 Stat. 161.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter II of this chapter, referred to in par. (3), was in
    the original "the National Labor Relations Act as amended by this
    Act" [29 U.S.C. Sec. 151 et seq.].

-End-

-CITE-
    29 USC Sec. 143                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 143. Saving provisions

-STATUTE-
      Nothing in this chapter shall be construed to require an
    individual employee to render labor or service without his consent,
    nor shall anything in this 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 chapter.

-SOURCE-
    (June 23, 1947, ch. 120, title V, Sec. 502, 61 Stat. 162.)

-End-

-CITE-
    29 USC Sec. 144                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 144. Separability

-STATUTE-
      If any provision of this chapter, or the application of such
    provision to any person or circumstance, shall be held invalid, the
    remainder of this 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.

-SOURCE-
    (June 23, 1947, ch. 120, title V, Sec. 503, 61 Stat. 162.)

-End-

-CITE-
    29 USC SUBCHAPTER II - NATIONAL LABOR RELATIONS             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
                 SUBCHAPTER II - NATIONAL LABOR RELATIONS             

-COD-
                               CODIFICATION                           
      This subchapter is comprised of the National Labor Relations Act,
    and is not part of the Labor Management Relations Act, 1947, which
    comprises this chapter.

-End-

-CITE-
    29 USC Sec. 151                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 151. Findings and declaration of policy

-STATUTE-
      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 hereby 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 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.

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 1, 49 Stat. 449; June 23, 1947, ch.
    120, title I, Sec. 101, 61 Stat. 136.)

-MISC1-
                                AMENDMENTS                            
      1947 - Act June 23, 1947, amended section generally to restate
    the declaration of policy and to make the finding and policy of
    this subchapter "two-sided".

                     EFFECTIVE DATE OF 1947 AMENDMENT                 
      Section 104 of title I of act June 23, 1947, provided: "The
    amendments made by this title [amending this subchapter] shall take
    effect sixty days after the date of the enactment of this Act [June
    23, 1947], except that the authority of the President to appoint
    certain officers conferred upon him by section 3 of the National
    Labor Relations Act as amended by this title [section 153 of this
    title] may be exercised forthwith."

-End-

-CITE-
    29 USC Sec. 152                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 152. Definitions

-STATUTE-
      When used in this subchapter - 
        (1) The term "person" includes one or more individuals, labor
      organizations, partnerships, associations, corporations, legal
      representatives, trustees, trustees in cases 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. 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.
        (3) The term "employee" shall include any employee, and shall
      not be limited to the employees of a particular employer, unless
      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. 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.
        (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 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 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 professional 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.(!1)

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 2, 49 Stat. 450; June 23, 1947, ch.
    120, title I, Sec. 101, 61 Stat. 137; Pub. L. 93-360, Sec. 1(a),
    (b), July 26, 1974, 88 Stat. 395; Pub. L. 95-598, title III, Sec.
    319, Nov. 6, 1978, 92 Stat. 2678.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railway Labor Act, referred to in pars. (2) and (3), is act
    May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is
    classified principally to chapter 8 (Sec. 151 et seq.) of Title 45,
    Railroads. For complete classification of this Act to the Code, see
    section 151 of Title 45 and Tables.

-MISC1-
                                AMENDMENTS                            
      1978 - Par. (1). Pub. L. 95-598 substituted "cases under title
    11" for "bankruptcy".
      1974 - Par. (2). Pub. L. 93-360, Sec. 1(a), struck out provisions
    which had excepted from definition of "employer" corporations and
    associations operating hospitals if no part of the net earnings
    inured to the benefit of any private shareholder or individual.
      Par. (14). Pub. L. 93-360, Sec. 1(b), added par. (14).
      1947 - Act June 23, 1947, amended section generally to redefine
    terms used in this subchapter and to define several new terms.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
    402(a) of Pub. L. 95-598, set out as an Effective Date note
    preceding section 101 of Title 11, Bankruptcy.

                     EFFECTIVE DATE OF 1974 AMENDMENT                 
      Amendment by Pub. L. 93-360 effective on thirtieth day after July
    26, 1974, see section 4 of Pub. L. 93-360, set out as an Effective
    Date note under section 169 of this title.

                     EFFECTIVE DATE OF 1947 AMENDMENT                 
      For effective date of amendment by act June 23, 1947, see section
    104 of act June 23, 1947, set out as a note under section 151 of
    this title.

-FOOTNOTE-               

    (!1) So in original. Probably should be "persons."

-End-

-CITE-
    29 USC Sec. 153                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 153. National Labor Relations Board

-STATUTE-
    (a) Creation, composition, appointment, and tenure; Chairman;
      removal of members
      The National Labor Relations Board (hereinafter called the
    "Board") created by this subchapter prior to its amendment by the
    Labor Management Relations Act, 1947 [29 U.S.C. 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 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 159 of
    this title and certify the results thereof, except that upon the
    filing 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 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 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 a 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.

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 3, 49 Stat. 451; June 23, 1947, ch.
    120, title I, Sec. 101, 61 Stat. 139; Pub. L. 86-257, title VII,
    Secs. 701(b), 703, Sept. 14, 1959, 73 Stat. 542; Pub. L. 93-608,
    Sec. 3(3), Jan. 2, 1975, 88 Stat. 1972; Pub. L. 95-251, Sec. 3,
    Mar. 27, 1978, 92 Stat. 184; Pub. L. 97-375, title II, Sec. 213,
    Dec. 21, 1982, 96 Stat. 1826.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Labor Management Relations Act, 1947, referred to in subsec.
    (a), is act June 23, 1947, ch. 120, 61 Stat. 136, as amended, which
    is classified principally to this chapter. For complete
    classification of this act to the Code, see section 141 of this
    title and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (d), "administrative law judges" substituted for
    "trial examiners" pursuant to section 3105 of Title 5, Government
    Organization and Employees, and section 3 of Pub. L. 95-251, Mar.
    27, 1978, 92 Stat. 184, which is set out as a note under section
    3105 of Title 5.

-MISC1-
                                AMENDMENTS                            
      1982 - Subsec. (c). Pub. L. 97-375 substituted "summarizing
    significant case activities and operations for that fiscal year"
    for "stating in detail the cases it has heard, the decisions it has
    rendered, and an account of all moneys it has disbursed".
      1975 - Subsec. (c). Pub. L. 93-608 struck out requirement that
    report contain the names, salaries, and duties of all employees and
    officers employed or supervised by the Board.
      1959 - Subsec. (b). Pub. L. 86-257, Sec. 701(b), authorized the
    Board to delegate to its regional directors its powers under
    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
    section 159(c) or 159(e) of this title and certify the results
    thereof.
      Subsec. (d). Pub. L. 86-257, Sec. 703, authorized the President
    to designate the officer or employee who shall act as General
    Counsel in the case of a vacancy in the office of the General
    Counsel.
      1947 - Act June 23, 1947, amended section generally by increasing
    membership from three to five, delegating its powers and duties to
    a quorum of any three members, and by appointing a General Counsel
    and outlining his powers and duties.

                     EFFECTIVE DATE OF 1959 AMENDMENT                 
      Section 707 of title VII of Pub. L. 86-257 provided that: "The
    amendments made by this title [amending this section and sections
    158, 159, and 160 of this title] shall take effect sixty days after
    the date of the enactment of this Act [Sept. 14, 1959] and no
    provision of this title shall be deemed to make an unfair labor
    practice, any act which is performed prior to such effective date
    which did not constitute an unfair labor practice prior thereto."

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (c) of this section relating to making a report in writing to
    Congress at the close of each fiscal year, see section 3003 of Pub.
    L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance, and page 184 of House Document No. 103-
    7.

-End-

-CITE-
    29 USC Sec. 154                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 154. National Labor Relations Board; eligibility for
      reappointment; officers and employees; payment of expenses

-STATUTE-
      (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
    recommendations. 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 subchapter shall be construed to authorize the
    Board to appoint individuals for the purpose of conciliation or
    mediation, or for economic analysis.
      (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.

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 4, 49 Stat. 451; June 23, 1947, ch.
    120, title I, Sec. 101, 61 Stat. 139; Pub. L. 95-251, Sec. 3, Mar.
    27, 1978, 92 Stat. 184.)

-COD-
                               CODIFICATION                           
      Provisions of subsec. (a) which prescribed the basic compensation
    of members of the Board and the General Counsel were omitted to
    conform to the provisions of the Executive Schedule. See sections
    5314 and 5315 of Title 5, Government Organization and Employees.
      In subsec. (a), "administrative law judge's" and "administrative
    law judge" substituted for "trial examiner's" and "trial examiner",
    respectively, pursuant to section 3105 of Title 5, and section 3 of
    Pub. L. 95-251, Mar. 27, 1978, 92 Stat. 184, which is set out as a
    note under section 3105 of Title 5.

-MISC1-
                                AMENDMENTS                            
      1947 - Act June 23, 1947, amended section generally by increasing
    Board members' salaries from $10,000 to $12,000 per annum, by
    providing a salary of $12,000 per annum for the General Counsel,
    striking out former subsec. (b) relating to termination of "Old
    Board", and redesignating subsec. (c) relating to payment of
    expenses of Board as subsec. (b).

                     EFFECTIVE DATE OF 1947 AMENDMENT                 
      For effective date of amendment by act June 23, 1947, see section
    104 of act June 23, 1947, set out as a note under section 151 of
    this title.

-End-

-CITE-
    29 USC Sec. 155                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 155. National Labor Relations Board; principal office,
      conducting inquiries throughout country; participation in
      decisions or inquiries conducted by member

-STATUTE-
      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.

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 5, 49 Stat. 452; June 23, 1947, ch.
    120, title I, Sec. 101, 61 Stat. 140.)

-MISC1-
                                AMENDMENTS                            
      1947 - Act June 23, 1947, reenacted section without change.

                     EFFECTIVE DATE OF 1947 AMENDMENT                 
      For effective date of amendment by act June 23, 1947, see section
    104 of act June 23, 1947, set out as a note under section 151 of
    this title.

-End-

-CITE-
    29 USC Sec. 156                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 156. Rules and regulations

-STATUTE-
      The Board shall have authority from time to time to make, amend,
    and rescind, in the manner prescribed by subchapter II of chapter 5
    of title 5, such rules and regulations as may be necessary to carry
    out the provisions of this subchapter.

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 6, 49 Stat. 452; June 23, 1947, ch.
    120, title I, Sec. 101, 61 Stat. 140.)

-COD-
                               CODIFICATION                           
      "Subchapter II of chapter 5 of title 5" substituted in text for
    "the Administrative Procedure Act" on authority of Pub. L. 89-554,
    Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which
    enacted Title 5, Government Organization and Employees.

-MISC1-
                                AMENDMENTS                            
      1947 - Act June 23, 1947, amended section generally to provide
    that the rules and regulations issued by the Board should be in the
    manner prescribed by the Administrative Procedure Act.

                     EFFECTIVE DATE OF 1947 AMENDMENT                 
      For effective date of amendment by act June 23, 1947, see section
    104 of act June 23, 1947, set out as a note under section 151 of
    this title.

-End-

-CITE-
    29 USC Sec. 157                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 157. Right of employees as to organization, collective
      bargaining, etc.

-STATUTE-
      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 of 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 158(a)(3) of this title.

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 7, 49 Stat. 452; June 23, 1947, ch.
    120, title I, Sec. 101, 61 Stat. 140.)

-MISC1-
                                AMENDMENTS                            
      1947 - Act June 23, 1947, restated rights of employees to bargain
    collectively and inserted provision that they have right to refrain
    from joining in concerted activities with their fellow employees.

                     EFFECTIVE DATE OF 1947 AMENDMENT                 
      For effective date of amendment by act June 23, 1947, see section
    104 of act June 23, 1947, set out as a note under section 151 of
    this title.

-End-

-CITE-
    29 USC Sec. 158                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 158. Unfair labor practices

-STATUTE-
    (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 157 of this title;
        (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
      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 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 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 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 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
      subchapter;
        (5) to refuse to bargain collectively with the representatives
      of his employees, subject to the provisions of 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 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 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 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 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 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 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 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:

      Provided, That nothing contained in 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 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 subchapter any other labor organization and a
        question concerning representation may not appropriately be
        raised under section 159(c) of this title,
          (B) where within the preceding twelve months a valid election
        under section 159(c) of this title has been conducted, or
          (C) where such picketing has been conducted without a
        petition under section 159(c) of this title being filed within
        a reasonable period of time not to exceed thirty days from the
        commencement of such picketing: Provided, That when such a
        petition has been filed the Board shall forthwith, without
        regard to the provisions of 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
      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 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;
        (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 lock-out, 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) 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 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 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 subsection shall be modified as follows:
        (A) The notice of paragraph (1) of this subsection shall be
      ninety days; the notice of paragraph (3) of this subsection shall
      be sixty days; and the contract period of 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 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.
    (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
    to 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 unenforcible (!1) and void:
    Provided, That nothing in 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 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 subchapter shall
    prohibit the enforcement of any agreement which is within the
    foregoing exception.

    (f) Agreement 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
    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 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 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 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 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 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.

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 8, 49 Stat. 452; June 23, 1947, ch.
    120, title I, Sec. 101, 61 Stat. 140; Oct. 22, 1951, ch. 534, Sec.
    1(b), 65 Stat. 601; Pub. L. 86-257, title II, Sec. 201(e), title
    VII, Secs. 704(a)-(c), 705(a), Sept. 14, 1959, 73 Stat. 525, 542-
    545; Pub. L. 93-360, Sec. 1(c)-(e), July 26, 1974, 88 Stat. 395,
    396.)

-MISC1-
                                AMENDMENTS                            
      1974 - Subsec. (d). Pub. L. 93-360, Sec. 1(c), (d), substituted
    "any notice" for "the sixty-day" and inserted ", or who engages in
    any strike within the appropriate period specified in subsection
    (g) of this section," in loss-of-employee-status provision and
    inserted enumeration of modifications to this subsection which are
    to be applied whenever the collective bargaining involves employees
    of a health care institution.
      Subsec. (g). Pub. L. 93-360, Sec. 1(e), added subsec. (g).
      1959 - Subsec. (a)(3). Pub. L. 86-257, Sec. 201(e), struck out
    "and has at the time the agreement was made or within the preceding
    twelve months received from the Board a notice of compliance with
    sections 159(f), (g), (h) of this title" after "such agreement when
    made" in cl. (i).
      Subsec. (b)(4). Pub. L. 86-257, Sec. 704(a), among other changes,
    substituted "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"
    for "induce or encourage the employees of any employer to engage
    in, a strike or a concerted refusal in the course of their
    employment" in cl. (i), added cl. (ii), and inserted provisions
    relating to agreements prohibited by subsection (e) of this section
    in cl. (A), the proviso relating to primary strikes and primary
    picketing in cl. (B), and the last proviso relating to publicity.
      Subsec. (b)(7). Pub. L. 86-257, Sec. 704(c), added par. (7).
      Subsec. (e). Pub. L. 86-257, Sec. 704(b), added subsec. (e).
      Subsec. (f). Pub. L. 86-257, Sec. 705(a), added subsec. (f).
      1951 - Subsec. (a)(3). Act Oct. 22, 1951, substituted "and has at
    the time the agreement was made or within the preceding twelve
    months received from the Board a notice of compliance with section
    159(f), (g), (h) of this title, and (ii) unless following an
    election held as provided in 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:"
    for "; and (ii) if, following the most recent election held as
    provided in section 159(e) of this title the Board shall have
    certified that at least a majority of the employees eligible to
    vote in such election have voted to authorize such labor
    organization to make such an agreement:".
      1947 - Act June 23, 1947, amended section generally by stating
    what were unfair labor practices by a union as well as by an
    employer, and by inserting provisions protecting the right of free
    speech for both employers and unions.

                     EFFECTIVE DATE OF 1974 AMENDMENT                 
      Amendment by Pub. L. 93-360 effective on thirtieth day after July
    26, 1974, see section 4 of Pub. L. 93-360, set out as an Effective
    Date note under section 169 of this title.

                     EFFECTIVE DATE OF 1959 AMENDMENT                 
      Amendment by sections 704(a)-(c) and 705(a) of Pub. L. 86-257
    effective sixty days after Sept. 14, 1959, see section 707 of Pub.
    L. 86-257, set out as a note under section 153 of this title.

                     EFFECTIVE DATE OF 1947 AMENDMENT                 
      For effective date of amendment by act June 23, 1947, see section
    104 of act June 23, 1947, set out as a note under section 151 of
    this title.

       AGREEMENTS REQUIRING MEMBERSHIP IN A LABOR ORGANIZATION AS A
                          CONDITION OF EMPLOYMENT
      Section 705(b) of Pub. L. 86-257 provided that: "Nothing
    contained in the amendment made by subsection (a) [amending this
    section] 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."

               UNFAIR LABOR PRACTICES PRIOR TO JUNE 23, 1947           
      Section 102 of title I of act June 23, 1947, provided that: "No
    provision of this title [amending this subchapter] shall be deemed
    to make an unfair labor practice any act which was performed prior
    to the date of the enactment of this act [June 23, 1947] which did
    not constitute an unfair labor practice prior thereto, and the
    provisions of section 8(a)(3) and section 8(b)(2) of the National
    Labor Relations Act as amended by this title [subsecs. (a)(3) and
    (b)(2) of this section] shall not make an unfair labor practice the
    performance of any obligation under a collective-bargaining
    agreement entered into prior to the date of the enactment of this
    Act [June 23, 1947], or (in the case of an agreement for a period
    of not more than one year) entered into on or after such date of
    enactment, but prior to the effective date of this title, if the
    performance of such obligation would not have constituted an unfair
    labor practice under section 8(3) [see subsec. (a)(3) of this
    section] of the National Labor Relations Act prior to the effective
    date of this title [sixty days after June 23, 1947] unless such
    agreement was renewed or extended subsequent thereto."

-FOOTNOTE-
    (!1) So in original. Probably should be "unenforceable".

-End-

-CITE-
    29 USC Sec. 158a                                            01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 158a. Providing facilities for operations of Federal Credit
      Unions

-STATUTE-
      Provision by an employer of facilities for the operations of a
    Federal Credit Union on the premises of such employer shall not be
    deemed to be intimidation, coercion, interference, restraint or
    discrimination within the provisions of sections 157 and 158 of
    this title, or acts amendatory thereof.

-SOURCE-
    (Dec. 6, 1937, ch. 3, Sec. 5, 51 Stat. 5.)

-COD-
                               CODIFICATION                           
      This section was not enacted either as part of the Labor
    Management Relations Act, 1947, which comprises this chapter, or as
    part of the National Labor Relations Act, which comprises this
    subchapter.

-End-

-CITE-
    29 USC Sec. 159                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 159. Representatives and elections

-STATUTE-
    (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 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
    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 vote 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
      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
      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 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 160(c) of this
    title.
      (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 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 run-off 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 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 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 a labor organization made pursuant to section
    158(a)(3) of this title, of a petition alleging they desire that
    such authority 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.

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 9, 49 Stat. 453; June 23, 1947, ch.
    120, title I, Sec. 101, 61 Stat. 143; Oct. 22, 1951, ch. 534, Sec.
    1(c), (d), 65 Stat. 601; Pub. L. 86-257, title II, Sec. 201(d),
    title VII, Sec. 702, Sept. 14, 1959, 73 Stat. 525, 542.)

-MISC1-
                                AMENDMENTS                            
      1959 - Subsec. (c)(3). Pub. L. 86-257, Sec. 702, substituted
    "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 subchapter in any election conducted within
    twelve months after the commencement of the strike" for "Employees
    on strike who are not entitled to reinstatement shall not be
    eligible to vote."
      Subsecs. (f), (g). Pub. L. 86-257, Sec. 201(d), repealed subsecs.
    (f) and (g) which required unions to file their constitutions,
    bylaws and a report, prescribed the contents of the report and
    directed the filing of annual financial reports, and are now
    covered by section 431 of this title.
      Subsec. (h). Pub. L. 86-257, Sec. 201(d), repealed subsec. (h)
    which related to affidavits showing union's officers free from
    Communist Party affiliation or belief.
      1951 - Subsec. (e). Act Oct. 22, 1951, Sec. 1(c), struck out par.
    (1) and renumbered pars. (2) and (3) as (1) and (2).
      Subsecs. (f) to (h). Act Oct. 22, 1951, Sec. 1(d), struck out "No
    petition under section 159(e)(1) shall be entertained" wherever
    appearing.
      1947 - Act June 23, 1947, amended section generally to allow
    employees to carry their grievances directly to the employer, to
    circumscribe certain powers of the Board, to make the union file
    with the Secretary of Labor its constitution, bylaws, and report
    before being certified as a bargaining agent, to require annual
    reports by labor unions, and to require labor unions to file
    affidavits with the Board showing that none of its officers are
    affiliated with or believe in the Communist Party.

                     EFFECTIVE DATE OF 1959 AMENDMENT                 
      Amendment by section 702 of Pub. L. 86-257 effective sixty days
    after Sept. 14, 1959, see section 707 of Pub. L. 86-257, set out as
    a note under section 153 of this title.

                     EFFECTIVE DATE OF 1947 AMENDMENT                 
      For effective date of amendment by act June 23, 1947, see section
    104 of act June 23, 1947, set out as a note under section 151 of
    this title.

           CERTAIN CERTIFICATIONS OF BARGAINING UNITS UNAFFECTED       
      Section 103 of title I of act June 23, 1947, provided that: "No
    provisions of this title [amending this subchapter] shall affect
    any certification of representatives or any determination as to the
    appropriate collective-bargaining unit, which was made under
    section 9 of the National Labor Relations Act [this section] prior
    to the effective date of this title [sixty days after June 23,
    1947] until one year after the date of such certification or if, in
    respect of any such certification, a collective-bargaining contract
    was entered into prior to the effective date of this title [sixty
    days after June 23, 1947], until the end of the contract period or
    until one year after such date, whichever first occurs."

-End-

-CITE-
    29 USC Sec. 160                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 160. Prevention of unfair labor practices

-STATUTE-
    (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 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 agreement, 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 predominantly 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 subchapter or has received a construction inconsistent
    therewith.
    (b) Complaint and notice of hearing; 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.
    (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 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 back pay, as will effectuate the policies of this
    subchapter: Provided, That where an order directs reinstatement of
    an employee, back pay 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
    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 back pay, 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 effective as therein prescribed.
    (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 proceedings,
    as provided in 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 questions 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 a 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. Upon the filing of such
    petition, the court shall proceed in the same manner 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 chapter 6 of
    this title.
    (i) Repealed. Pub. L. 98-620, title IV, Sec. 402(31), Nov. 8, 1984,
      98 Stat. 3360
    (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
    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 the meaning of paragraph (4)(A), (B), or (C)
    of section 158(b) of this title, or section 158(e) of this title or
    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 158(b)(7)
    of this title if a charge against the employer under 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 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 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.

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 10, 49 Stat. 453; June 23, 1947, ch.
    120, title I, Sec. 101, 61 Stat. 146; June 25, 1948, ch. 646, Sec.
    32(a), (b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat.
    107; Pub. L. 85-791, Sec. 13, Aug. 28, 1958, 72 Stat. 945; Pub. L.
    86-257, title VII, Secs. 704(d), 706, Sept. 14, 1959, 73 Stat. 544;
    Pub. L. 95-251, Sec. 3, Mar. 27, 1978, 92 Stat. 184; Pub. L. 98-
    620, title IV, Sec. 402(31), Nov. 8, 1984, 98 Stat. 3360.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The rules of evidence applicable in the district courts of the
    United States, referred to in subsec. (b), are set out in the
    Appendix to Title 28, Judiciary and Judicial Procedure.
      The rules of civil procedure for the district courts of the
    United States, referred to in subsec. (b), are set out in the
    Appendix to Title 28.
      Chapter 6 (Sec. 101 et seq.) of this title, referred to in
    subsec. (h), is a reference to act Mar. 23, 1932, ch. 90, 47 Stat.
    70, popularly known as the Norris-LaGuardia Act.

-COD-
                               CODIFICATION                           
      In subsec. (b), "section 2072 of title 28" substituted for "the
    Act of June 19, 1934 (U.S.C., title 28, secs. 723-B, 723-C)" on
    authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of
    which enacted Title 28, Judiciary and Judicial Procedure.
      In subsec. (c), "administrative law judge or judges" and "such
    judge or judges" substituted for "examiner or examiners" and "such
    examiner or examiners", respectively, pursuant to section 3105 of
    Title 5, Government Organization and Employees, and section 3 of
    Pub. L. 95-251, Mar. 27, 1978, 92 Stat. 184, which is set out as a
    note under section 3105 of Title 5.
      In subsec. (f), "United States court of appeals" substituted for
    "circuit court of appeals of the United States" on authority of act
    June 25, 1948, as amended by act May 24, 1949.
      As originally enacted subsecs. (j) and (l) contained references
    to the District Court of the United States for the District of
    Columbia. Act June 25, 1948, as amended by act May 24, 1949,
    substituted "United States District Court for the District of
    Columbia" for "District Court of the United States for the District
    of Columbia". However, the words "United States District Court for
    the District of Columbia" have now been deleted entirely as
    superfluous in view of section 132(a) of Title 28, Judiciary and
    Judicial Procedure, which states that "There shall be in each
    judicial district a district court which shall be a court of record
    known as the United States District Court for the district", and
    section 88 of Title 28 which states that "the District of Columbia
    constitutes one judicial district".

-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (i). Pub. L. 98-620 struck out subsec. (i) which
    provided for expeditious hearings on petitions.
      1959 - Subsec. (l). Pub. L. 86-257, Sec. 704(d), included unfair
    labor practices within the meaning of sections 158(e) and 158(b)(7)
    of this title, and inserted proviso prohibiting the officer or
    regional attorney from applying for any restraining order under
    section 158(b)(7) of this title if a charge against the employer
    under 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.
      Subsec. (m). Pub. L. 86-257, Sec. 706, added subsec. (m).
      1958 - Subsec. (d). Pub. L. 85-791, Sec. 13(a), struck out "a
    transcript of" after "until".
      Subsec. (e). Pub. L. 85-791, Sec. 13(b), struck out "(including
    the United States Court of Appeals for the District of Columbia)"
    before ", or if all the courts", and substituted "file in the court
    the record in the proceedings, as provided in section 2112 of title
    28" for "certify and file in the court a transcript of the entire
    record in the proceedings including the pleadings and testimony
    upon which such order was entered and the findings and order of the
    Board" in first sentence, in second sentence substituted "the
    filing of such petition" for "such filing of" and struck out "upon
    the pleadings, testimony and proceedings set forth in such
    transcript" after "make and enter", in fifth sentence substituted
    "member" for "members" after "before the Board, its", and
    substituted "record" for "transcript", and in seventh sentence,
    substituted "Upon the filing of the record with it the" for "The",
    and "section 1254 of title 28" for "sections 346 and 347 of title
    28".
      Subsec. (f). Pub. L. 85-791, Sec. 13(c), substituted "transmitted
    by the clerk of the court to" for "served upon" and "the record in
    the proceeding, certified by the Board, as provided in section 2112
    of title 28" for "a transcript of the entire record in the
    proceeding, certified by the Board including the pleading and
    testimony upon which the order complained of was entered, and the
    findings and order of the Board" in second sentence, and in third
    sentence substituted "the filing of such petition," for "such
    filing", and struck out "exclusive" before "jurisdiction".
      1947 - Act June 23, 1947, amended section generally and added
    subsecs. (j) to (l) which gives the Board general power to petition
    district court for temporary relief or restraining order, directs
    Board to hear and determine jurisdictional strikes, and to
    investigate boycotts and strikes to force recognition of an
    uncertified labor union and to petition district court for
    injunctive relief.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note
    under section 1657 of Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1959 AMENDMENT                 
      Amendment by Pub. L. 86-257 effective sixty days after Sept. 14,
    1959, see section 707 of Pub. L. 86-257, set out as a note under
    section 153 of this title.

                     EFFECTIVE DATE OF 1947 AMENDMENT                 
      For effective date of amendment by act June 23, 1947, see section
    104 of act June 23, 1947, set out as a note under section 151 of
    this title.

-End-

-CITE-
    29 USC Sec. 161                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 161. Investigatory powers of Board

-STATUTE-
      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 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 subpenas requiring the
      attendance and testimony of witnesses or the production of any
      evidence in such proceedings or investigation requested in such
      application. Within five days after the service of a subpena 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 subpena 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 subpena
      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 of contumacy or refusal to obey a subpena issued to any
      person, any district court of the United States 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. Pub. L. 91-452, title II, Sec. 234, Oct. 15, 1970,
        84 Stat. 930
      (4) Process, service and return; fees of witnesses
        Complaints, orders, and other process and papers of the Board,
      its member, agent, or agency, 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 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.

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 11, 49 Stat. 455; June 23, 1947, ch.
    120, title I, Sec. 101, 61 Stat. 150; June 25, 1948, ch. 646, Sec.
    32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107;
    Pub. L. 91-452, title II, Sec. 234, Oct. 15, 1970, 84 Stat. 930;
    Pub. L. 86-507, Sec. 1(57), June 11, 1960, as added Pub. L. 96-245,
    May 21, 1980, 94 Stat. 347.)

-COD-
                               CODIFICATION                           
      The original text of par. (2) contained a reference to the
    District Court of the United States for the District of Columbia.
    Act June 25, 1948, as amended by act May 24, 1949, substituted
    "United States District Court for the District of Columbia" for
    "District Court of the United States for the District of Columbia".
    However, the words "United States District Court for the District
    of Columbia" have now been deleted entirely as superfluous in view
    of section 132(a) of Title 28, Judiciary and Judicial Procedure,
    which states that "There shall be in each judicial district a
    district court which shall be a court of record known as the United
    States District Court for the district", and section 88 of Title 28
    which states that "the District of Columbia constitutes one
    judicial district".

-MISC1-
                                AMENDMENTS                            
      1980 - Par. (4). Pub. L. 96-245 inserted provisions authorizing
    service by certified mail.
      1970 - Par. (3). Pub. L. 91-452 struck out par. (3) which related
    to the immunity from prosecution of any individual compelled to
    testify or produce evidence after claiming his privilege against
    self-incrimination.
      1947 - Act June 23, 1947, restated section with addition of
    provisions requiring the issuance of subpenas as a matter of course
    on the request of any party.

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Amendment by Pub. L. 91-452 effective on sixtieth day following
    Oct. 15, 1970, and not to affect any immunity to which any
    individual is entitled under this section by reason of any
    testimony given before sixtieth day following Oct. 15, 1970, see
    section 260 of Pub. L. 91-452, set out as an Effective Date;
    Savings Provisions note under section 6001 of Title 18, Crimes and
    Criminal Procedure.

                     EFFECTIVE DATE OF 1947 AMENDMENT                 
      For effective date of amendment by act June 23, 1947, see section
    104 of act June 23, 1947, set out as a note under section 151 of
    this title.

-End-

-CITE-
    29 USC Sec. 162                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 162. Offenses and penalties

-STATUTE-
      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 subchapter
    shall be punished by a fine of not more than $5,000 or by
    imprisonment for not more than one year, or both.

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 12, 49 Stat. 456; June 23, 1947, ch.
    120, title I, Sec. 101, 61 Stat. 151.)

-MISC1-
                                AMENDMENTS                            
      1947 - Act June 23, 1947, reenacted section without change.

                     EFFECTIVE DATE OF 1947 AMENDMENT                 
      For effective date of amendment by act June 23, 1947, see section
    104 of act June 23, 1947, set out as a note under section 151 of
    this title.

-End-

-CITE-
    29 USC Sec. 163                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 163. Right to strike preserved

-STATUTE-
      Nothing in this 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.

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 13, 49 Stat. 457; June 23, 1947, ch.
    120, title I, Sec. 101, 61 Stat. 151.)

-MISC1-
                                AMENDMENTS                            
      1947 - Act June 23, 1947, amended section so as to provide that
    except as specifically provided for in this subchapter nothing
    shall interfere with or diminish the right to strike and that
    nothing was to be construed to affect the limitations or
    qualifications on the right to strike, thus recognizing that the
    right to strike is not an unlimited and unqualified right.

                     EFFECTIVE DATE OF 1947 AMENDMENT                 
      For effective date of amendment by act June 23, 1947, see section
    104 of act June 23, 1947, set out as a note under section 151 of
    this title.

-End-

-CITE-
    29 USC Sec. 164                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 164. Construction of provisions

-STATUTE-
    (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 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 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.
    (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 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 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.

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 14, 49 Stat. 457; June 23, 1947, ch.
    120, title I, Sec. 101, 61 Stat. 151; Pub. L. 86-257, title VII,
    Sec. 701(a), Sept. 14, 1959, 73 Stat. 541.)

-COD-
                               CODIFICATION                           
      In subsec. (c)(1), "subchapter II of chapter 5 of title 5"
    substituted for "the Administrative Procedure Act" on authority of
    Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first
    section of which enacted Title 5, Government Organization and
    Employees.

-MISC1-
                                AMENDMENTS                            
      1959 - Subsec. (c). Pub. L. 86-257 added subsec. (c).
      1947 - Act June 23, 1947, amended section generally by inserting
    new subject matter. Section formerly referred to conflict of laws,
    see section 165 of this title.

                     EFFECTIVE DATE OF 1947 AMENDMENT                 
      For effective date of amendment by act June 23, 1947, see section
    104 of act June 23, 1947, set out as a note under section 151 of
    this title.

-End-

-CITE-
    29 USC Sec. 165                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 165. Conflict of laws

-STATUTE-
      Wherever the application of the provisions of section 272 of
    chapter 10 of the Act entitled "An Act to establish a uniform
    system of bankruptcy throughout the United States", approved July
    1, 1898, and Acts amendatory thereof and supplementary thereto
    (U.S.C., title 11, sec. 672), conflicts with the application of the
    provisions of this subchapter, this subchapter shall prevail:
    Provided, That in any situation where the provisions of this
    subchapter cannot be validly enforced, the provisions of such other
    Acts shall remain in full force and effect.

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 15, 49 Stat. 457; June 23, 1947, ch.
    120, title I, Sec. 101, 61 Stat. 151.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Act approved July 1, 1898, referred to in text, popularly
    known as the Bankruptcy Act, was classified generally to former
    Title 11, Bankruptcy, and was repealed effective Oct. 1, 1979, by
    Pub. L. 95-598, Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682,
    section 101 of which enacted revised Title 11.

-MISC1-
                                AMENDMENTS                            
      1947 - Act June 23, 1947, amended section generally by inserting
    new subject matter which was formerly covered by section 164 of
    this title. Section formerly referred to separability provisions,
    see section 166 of this title.

                     EFFECTIVE DATE OF 1947 AMENDMENT                 
      For effective date of amendment by act June 23, 1947, see section
    104 of act June 23, 1947, set out as a note under section 151 of
    this title.

-End-

-CITE-
    29 USC Sec. 166                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 166. Separability

-STATUTE-
      If any provision of this subchapter, or the application of such
    provision to any person or circumstances, shall be held invalid,
    the remainder of this 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.

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 16, 49 Stat. 457; June 23, 1947, ch.
    120, title I, Sec. 101, 61 Stat. 151.)

-MISC1-
                                AMENDMENTS                            
      1947 - Act June 23, 1947, amended section generally by inserting
    new subject matter which was formerly covered by section 165 of
    this title. Section formerly referred to short title of chapter,
    see section 167 of this title.

                     EFFECTIVE DATE OF 1947 AMENDMENT                 
      For effective date of amendment by act June 23, 1947, see section
    104 of act June 23, 1947, set out as a note under section 151 of
    this title.

-End-

-CITE-
    29 USC Sec. 167                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 167. Short title of subchapter

-STATUTE-
      This subchapter may be cited as the "National Labor Relations
    Act".

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 17, as added June 23, 1947, ch. 120,
    title I, Sec. 101, 61 Stat. 152.)

-MISC1-
                              EFFECTIVE DATE                          
      For effective date of amendment by act June 23, 1947, see section
    104 of act June 23, 1947, set out as a note under section 151 of
    this title.

-End-

-CITE-
    29 USC Sec. 168                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 168. Validation of certificates and other Board actions

-STATUTE-
      No petition entertained, no investigation made, no election held,
    and no certification issued by the National Labor Relations Board,
    under any of the provisions of section 159 of this title, shall be
    invalid by reason of the failure of the Congress of Industrial
    Organizations to have complied with the requirements of section
    159(f), (g), or (h) of this title prior to December 22, 1949, or by
    reason of the failure of the American Federation of Labor to have
    complied with the provisions of section 159(f), (g), or (h) of this
    title prior to November 7, 1947: Provided, That no liability shall
    be imposed under any provision of this chapter upon any person for
    failure to honor any election or certificate referred to above,
    prior to October 22, 1951: Provided, however, That this proviso
    shall not have the effect of setting aside or in any way affecting
    judgments or decrees heretofore entered under section 160(e) or (f)
    of this title and which have become final.

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 18, as added Oct. 22, 1951, ch. 534,
    Sec. 1(a), 65 Stat. 601.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 159(f), (g), or (h) of this title, referred to in text,
    was repealed by Pub. L. 86-257, title II, Sec. 201(d), 73 Stat.
    525. See section 431 of this title.

-End-

-CITE-
    29 USC Sec. 169                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - NATIONAL LABOR RELATIONS

-HEAD-
    Sec. 169. Employees with religious convictions; payment of dues and
      fees

-STATUTE-
      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 employees' 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, 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 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.

-SOURCE-
    (July 5, 1935, ch. 372, Sec. 19, as added Pub. L. 93-360, Sec. 3,
    July 26, 1974, 88 Stat. 397; amended Pub. L. 96-593, Dec. 24, 1980,
    94 Stat. 3452.)

-MISC1-
                                AMENDMENTS                            
      1980 - Pub. L. 96-593 inserted reference to nonlabor organization
    and provisions respecting charges to employee for use of grievance-
    arbitration procedure, and struck out applicability of provisions
    to employees of health care institutions only.

                              EFFECTIVE DATE                          
      Section 4 of Pub. L. 93-360 provided that: "The amendments made
    by this Act [enacting this section and section 183 of this title
    and amending sections 152 and 158 of this title] shall become
    effective on the thirtieth day after its date of enactment [July
    26, 1974]."

-End-

-CITE-
    29 USC SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES;
           NATIONAL EMERGENCIES                            01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL
           EMERGENCIES                                   

-HEAD-
         SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL
                                EMERGENCIES

-End-

-CITE-
    29 USC Sec. 171                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL
           EMERGENCIES                                   

-HEAD-
    Sec. 171. Declaration of purpose and policy

-STATUTE-
      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 interests of employers and employees can most satisfactorily
      be secured by the settlement of issues between employers and
      employees through the processes of conference and collective
      bargaining between employers and the representatives of their
      employees;
        (b) the settlement of issues between employers and employees
      through collective bargaining may be 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.

-SOURCE-
    (June 23, 1947, ch. 120, title II, Sec. 201, 61 Stat. 152.)

-EXEC-
                         EXECUTIVE ORDER NO. 11482                     
      Ex. Ord. No. 11482, Sept. 22, 1969, 34 F.R. 14723, which related
    to the Construction Industry Collective Bargaining Commission, was
    revoked by Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, set out
    as a note under section 14 of the Federal Advisory Committee Act in
    the Appendix to Title 5, Government Organization and Employees.

                         EXECUTIVE ORDER NO. 11849                     
      Ex. Ord. No. 11849, Apr. 1, 1975, 40 F.R. 14887, which related to
    the Collective Bargaining Committee in Construction, was revoked by
    Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, set out as a note
    under section 14 of the Federal Advisory Committee Act in the
    Appendix to Title 5, Government Organization and Employees.

-End-

-CITE-
    29 USC Sec. 172                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL
           EMERGENCIES                                   

-HEAD-
    Sec. 172. Federal Mediation and Conciliation Service

-STATUTE-
    (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 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.
    (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 offices
    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 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 of
    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.

-SOURCE-
    (June 23, 1947, ch. 120, title II, Sec. 202, 61 Stat. 153; Oct. 28,
    1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in subsec. (b), are set forth
    in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.
      Section 51 of this title, referred to in subsec. (d), was
    repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 642.

-COD-
                               CODIFICATION                           
      Provisions of subsec. (a) which prescribed the basic annual
    compensation of the Director were omitted to conform to the
    provisions of the Executive Schedule. See section 5314 of Title 5,
    Government Organization and Employees.
      In subsec. (b), "chapter 51 and subchapter III of chapter 53 of
    title 5" substituted for "the Classification Act of 1949, as
    amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,
    80 Stat. 631, the first section of which enacted Title 5.
      Provisions of subsec. (b) that authorized the Director to fix the
    compensation of conciliators and mediators without regard to the
    Classification Act of 1923, as amended, have been omitted as
    obsolete. Sections 1202 and 1204 of the Classification Act of 1949,
    63 Stat. 972, 973, repealed the Classification Act of 1923 and all
    other laws or parts of laws inconsistent with the 1949 Act. While
    section 1106(a) of the 1949 Act provided that references in other
    laws to the 1923 Act should be held and considered to mean the 1949
    Act, it did not have the effect of continuing the exceptions
    contained in this section because of section 1106(b) which provided
    that the application of the 1949 Act to any position, officer, or
    employee shall not be affected by section 1106(a). The
    Classification Act of 1949 was repealed by Pub. L. 89-554, Sept. 6,
    1966, Sec. 8(a), 80 Stat. 632 (of which section 1 revised and
    enacted Title 5, Government Organization and Employees, into law).
    Section 5102 of Title 5 contains the applicability provisions of
    the 1949 Act, and section 5103 of Title 5 authorizes the Office of
    Personnel Management to determine the applicability to specific
    positions and employees.

-MISC1-
                                AMENDMENTS                            
      1949 - Subsec. (b). Act Oct. 28, 1949, substituted
    "Classification Act of 1949" for "Classification Act of 1923".

                                  REPEALS                              
      Act Oct. 28, 1949, ch. 782, cited as a credit to this section,
    was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.
    6, 1966, Sec. 8, 80 Stat. 632, 655.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (c) of this section requiring the Director to make an annual report
    in writing to Congress at the end of the fiscal year, see section
    3003 of Pub. L. 104-66, as amended, set out as a note under section
    1113 of Title 31, Money and Finance, and page 171 of House Document
    No. 103-7.

-End-

-CITE-
    29 USC Sec. 173                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL
           EMERGENCIES                                   

-HEAD-
    Sec. 173. Functions of Service

-STATUTE-
    (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.
    (c) Settlement of disputes by other means upon failure of
      conciliation
      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, lock-out, 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 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 175a of this title.
    (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 agency designated by, or the interagency
    committee designated or established by, the President under section
    573 of title 5 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.

-SOURCE-
    (June 23, 1947, ch. 120, title II, Sec. 203, 61 Stat. 153; Pub. L.
    95-524, Sec. 6(c)(1), Oct. 27, 1978, 92 Stat. 2020; Pub. L. 101-
    552, Sec. 7, Nov. 15, 1990, 104 Stat. 2746; Pub. L. 102-354, Sec.
    5(b)(5), Aug. 26, 1992, 106 Stat. 946; Pub. L. 104-320, Sec. 4(c),
    Oct. 19, 1996, 110 Stat. 3871.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (c), was in the original
    "this Act" meaning act June 23, 1947, ch. 120, 61 Stat. 136, as
    amended, known as the Labor Management Relations Act, 1947, which
    is classified principally to this subchapter and subchapters III
    (Sec. 171 et seq.) and IV (Sec. 185 et seq.) of this chapter. For
    complete classification of this act to the Code, see Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (f). Pub. L. 104-320 substituted "the agency
    designated by, or the interagency committee designated or
    established by, the President under section 573 of title 5" for
    "the Administrative Conference of the United States and other
    agencies".
      1992 - Subsec. (f). Pub. L. 102-354 substituted "section 573" for
    "section 583".
      1990 - Subsec. (f). Pub. L. 101-552 added subsec. (f).
      1978 - Subsec. (e). Pub. L. 95-524 added subsec. (e).

             APPLICABILITY TO COLLECTIVE BARGAINING AGREEMENTS         
      Amendment by Pub. L. 95-524 not to affect terms and conditions of
    any collective bargaining agreement whether in effect prior to or
    entered into after Oct. 27, 1978, see section 6(e) of Pub. L. 95-
    524, set out as a note under section 175a of this title.

-End-

-CITE-
    29 USC Sec. 174                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL
           EMERGENCIES                                   

-HEAD-
    Sec. 174. Co-equal obligations of employees, their representatives,
      and management to minimize labor disputes

-STATUTE-
      (a) (!1) 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 chapter for the purpose of
      aiding in a settlement of the dispute.

-SOURCE-
    (June 23, 1947, ch. 120, title II, Sec. 204, 61 Stat. 154.)

-FOOTNOTE-
    (!1) So in original. No subsec. (b) has been enacted.

-End-

-CITE-
    29 USC Sec. 175                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL
           EMERGENCIES                                   

-HEAD-
    Sec. 175. National Labor-Management Panel; creation and
      composition; appointment, tenure, and compensation; duties

-STATUTE-
      (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 selected 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.

-SOURCE-
    (June 23, 1947, ch. 120, title II, Sec. 205, 61 Stat. 154.)

-End-

-CITE-
    29 USC Sec. 175a                                            01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL
           EMERGENCIES                                   

-HEAD-
    Sec. 175a. Assistance to plant, area, and industrywide labor
      management committees

-STATUTE-
    (a) Establishment and operation of plant, area, and industrywide
      committees
      (1) The Service is authorized and directed to provide assistance
    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 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.

-SOURCE-
    (June 23, 1947, ch. 120, title II, Sec. 205A, as added Pub. L. 95-
    524, Sec. 6(c)(2), Oct. 27, 1978, 92 Stat. 2020.)

-MISC1-
                                SHORT TITLE                            
      For short title of section 6 of Pub. L. 95-524 as the Labor
    Management Cooperation Act of 1978, see Short Title of 1978
    Amendment note set out under section 141 of this title.

                    CONGRESSIONAL STATEMENT OF PURPOSE                
      Section 6(b) of Pub. L. 95-524 provided that: "It is the purpose
    of this section [enacting this section and amending sections 173
    and 186 of this title] - 
        "(1) to improve communication between representatives of labor
      and management;
        "(2) to provide workers and employers with opportunities to
      study and explore new and innovative joint approaches to
      achieving organizational effectiveness;
        "(3) to assist workers and employers in solving problems of
      mutual concern not susceptible to resolution within the
      collective bargaining process;
        "(4) to study and explore ways of eliminating potential
      problems which reduce the competitiveness and inhibit the
      economic development of the plant, area or industry;
        "(5) to enhance the involvement of workers in making decisions
      that affect their working lives;
        "(6) to expand and improve working relationships between
      workers and managers; and
        "(7) to encourage free collective bargaining by establishing
      continuing mechanisms for communication between employers and
      their employees through Federal assistance to the formation and
      operation of labor management committees."

             APPLICABILITY TO COLLECTIVE BARGAINING AGREEMENTS         
      Section 6(e) of Pub. L. 95-524 provided that: "Nothing in this
    section or the amendments made by this section [enacting this
    section, amending sections 173 and 186 of this title, and enacting
    provisions set out as notes under this section] shall affect the
    terms and conditions of any collective bargaining agreement whether
    in effect prior to or entered into after the date of enactment of
    this section [Oct. 27, 1978]."

-End-

-CITE-
    29 USC Sec. 176                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL
           EMERGENCIES                                   

-HEAD-
    Sec. 176. National emergencies; appointment of board of inquiry by
      President; report; contents; filing with Service

-STATUTE-
      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, 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.

-SOURCE-
    (June 23, 1947, ch. 120, title II, Sec. 206, 61 Stat. 155.)

-EXEC-
                         EXECUTIVE ORDER NO. 11621                     
      Ex. Ord. No. 11621, Oct. 4, 1971, 36 F.R. 19435, as amended by
    Ex. Ord. No. 11622, Oct. 5, 1971, 36 F.R. 19491, which created a
    Board of Inquiry to inquire into issues involved in certain labor
    disputes, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R.
    7237.

-End-

-CITE-
    29 USC Sec. 177                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL
           EMERGENCIES                                   

-HEAD-
    Sec. 177. Board of inquiry

-STATUTE-
    (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, the provisions of sections 49 and 50 of
    title 15 (relating to the attendance of witnesses and the
    production of books, papers, and documents) are made applicable to
    the powers and duties of such board.

-SOURCE-
    (June 23, 1947, ch. 120, title II, Sec. 207, 61 Stat. 155.)

-End-

-CITE-
    29 USC Sec. 178                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL
           EMERGENCIES                                   

-HEAD-
    Sec. 178. Injunctions during national emergency

-STATUTE-
    (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 lock-out or the continuing thereof, and if the court
    finds that such threatened or actual strike or lock-out - 
        (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.
    (b) Inapplicability of chapter 6
      In any case, the provisions of chapter 6 of this title shall not
    be applicable.
    (c) Review of orders
      The order or orders of the court shall be subject to review by
    the appropriate United States court of appeals and by the Supreme
    Court upon writ of certiorari or certification as provided in
    section 1254 of title 28.

-SOURCE-
    (June 23, 1947, ch. 120, title II, Sec. 208, 61 Stat. 155; June 25,
    1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139,
    Sec. 127, 63 Stat. 107.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Chapter 6 (Sec. 101 et seq.) of this title, referred to in
    subsec. (b), is a reference to act Mar. 23, 1932, ch. 90, 47 Stat.
    70, popularly known as the Norris-LaGuardia Act.

-COD-
                               CODIFICATION                           
      In subsec. (c), "court of appeals" substituted for "circuit court
    of appeals" on authority of act June 25, 1948, as amended by act
    May 24, 1949. The words "United States" immediately preceding
    "Court of appeals" were inserted on authority of section 43 of
    Title 28, Judiciary and Judicial Procedure.
      In subsec. (c), "section 1254 of title 28" substituted for
    "sections 239 and 240 of the Judicial Code, as amended (U.S.C.
    title 28, secs. 346 and 347)" on authority of act June 25, 1948,
    ch. 646, 62 Stat. 869, section 1 of which enacted Title 28,
    Judiciary and Judicial Procedure.

-End-

-CITE-
    29 USC Sec. 179                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL
           EMERGENCIES                                   

-HEAD-
    Sec. 179. Injunctions during national emergency; adjustment efforts
      by parties during injunction period

-STATUTE-
    (a) Assistance of Service; acceptance of Service's proposed
      settlement
      Whenever a district court has issued an order under 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 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.

-SOURCE-
    (June 23, 1947, ch. 120, title II, Sec. 209, 61 Stat. 155.)

-End-

-CITE-
    29 USC Sec. 180                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL
           EMERGENCIES                                   

-HEAD-
    Sec. 180. Discharge of injunction upon certification of results of
      election or settlement; report to Congress

-STATUTE-
      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.

-SOURCE-
    (June 23, 1947, ch. 120, title II, Sec. 210, 61 Stat. 156.)

-End-

-CITE-
    29 USC Sec. 181                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL
           EMERGENCIES                                   

-HEAD-
    Sec. 181. Compilation of collective bargaining agreements, etc.;
      use of data

-STATUTE-
      (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.

-SOURCE-
    (June 23, 1947, ch. 120, title II, Sec. 211, 61 Stat. 156.)

-End-

-CITE-
    29 USC Sec. 182                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL
           EMERGENCIES                                   

-HEAD-
    Sec. 182. Exemption of Railway Labor Act from subchapter

-STATUTE-
      The provisions of this 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. 151 et seq.], as amended from time to
    time.

-SOURCE-
    (June 23, 1947, ch. 120, title II, Sec. 212, 61 Stat. 156.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railway Labor Act, as amended, referred to in text, is act
    May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is
    classified principally to chapter 8 (Sec. 151 et seq.) of Title 45,
    Railroads. For complete classification of this Act to the Code, see
    section 151 of Title 45 and Tables.

-End-

-CITE-
    29 USC Sec. 183                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL
           EMERGENCIES                                   

-HEAD-
    Sec. 183. Conciliation of labor disputes in the health care
      industry

-STATUTE-
    (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 30 days after the
    notice to the Federal Mediation and Conciliation Service under
    clause (A) of the last sentence of section 158(d) of this title
    (which is required by clause (3) of such section 158(d) of this
    title), or within 10 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 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, 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 15 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 beginning 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.

-SOURCE-
    (June 23, 1947, ch. 120, title II, Sec. 213, as added Pub. L. 93-
    360, Sec. 2, July 26, 1974, 88 Stat. 396.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective on thirtieth day after July 26, 1974, see
    section 4 of Pub. L. 93-360, set out as a note under section 169 of
    this title.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-End-

-CITE-
    29 USC SUBCHAPTER IV - LIABILITIES OF AND RESTRICTIONS ON
           LABOR AND MANAGEMENT                            01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER IV - LIABILITIES OF AND RESTRICTIONS ON LABOR AND
                     MANAGEMENT                

-HEAD-
       SUBCHAPTER IV - LIABILITIES OF AND RESTRICTIONS ON LABOR AND
                                MANAGEMENT

-End-

-CITE-
    29 USC Sec. 185                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER IV - LIABILITIES OF AND RESTRICTIONS ON LABOR AND
                     MANAGEMENT                

-HEAD-
    Sec. 185. Suits by and against labor organizations

-STATUTE-
    (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 chapter, or between any such labor
    organizations, 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 chapter and any employer
    whose activities affect commerce as defined in this 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.
    (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 office, 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, subpena, 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.

-SOURCE-
    (June 23, 1947, ch. 120, title III, Sec. 301, 61 Stat. 156.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (b), was in the
    original "this Act" meaning act June 23, 1947, ch. 120, 61 Stat.
    136, as amended, known as the Labor Management Relations Act, 1947,
    which is classified principally to this subchapter and subchapters
    III (Sec. 171 et seq.) and IV (Sec. 185 et seq.) of this chapter.
    For complete classification of this act to the Code, see Tables.

-End-

-CITE-
    29 USC Sec. 186                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER IV - LIABILITIES OF AND RESTRICTIONS ON LABOR AND
                     MANAGEMENT                

-HEAD-
    Sec. 186. Restrictions on financial transactions

-STATUTE-
    (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; or
        (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 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 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 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.
    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.
    (d) Penalties 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 industry-wide 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.
    (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 section 381 of
    title 28 (relating to notice to opposite party) to restrain
    violations of this section, without regard to the provisions of
    section 17 of title 15 and section 52 of this title, and the
    provisions of chapter 6 of this title.
    (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.

-SOURCE-
    (June 23, 1947, ch. 120, title III, Sec. 302, 61 Stat. 157; Pub. L.
    86-257, title V, Sec. 505, Sept. 14, 1959, 73 Stat. 537; Pub. L. 91-
    86, Oct. 14, 1969, 83 Stat. 133; Pub. L. 93-95, Aug. 15, 1973, 87
    Stat. 314; Pub. L. 95-524, Sec. 6(d), Oct. 27, 1978, 92 Stat. 2021;
    Pub. L. 98-473, title II, Sec. 801, Oct. 12, 1984, 98 Stat. 2131;
    Pub. L. 101-273, Sec. 1, Apr. 18, 1990, 104 Stat. 138; Pub. L. 104-
    88, title III, Sec. 337, Dec. 29, 1995, 109 Stat. 954.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Labor-Management Reporting and Disclosure Act of 1959,
    referred to in subsec. (c)(8), is Pub. L. 86-257, Sept. 14, 1959,
    73 Stat. 519, as amended, which is classified principally to
    chapter 11 (Sec. 401 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 401 of this title and Tables.
      Section 5(b) of the Labor Management Cooperation Act of 1978,
    referred to in subsec. (c)(9), probably means section 6(b) of Pub.
    L. 95-524, which is set out as a note under section 175a of this
    title.
      Section 381 of title 28, referred to in subsec. (e), was omitted
    from the revision of Title 28, Judiciary and Judicial Procedure, by
    act June 25, 1948, ch. 646, 62 Stat. 869. See rule 65 of Federal
    Rules of Civil Procedure set out in the Appendix to Title 28.
      Chapter 6 (Sec. 101 et seq.) of this title, referred to in
    subsec. (e), is a reference to act Mar. 23, 1932, ch. 90, 47 Stat.
    70, popularly known as the Norris-LaGuardia Act.

-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (b)(2). Pub. L. 104-88 substituted "(as defined in
    section 13102 of title 49)" for "(as defined in part II of the
    Interstate Commerce Act)".
      1990 - Subsec. (c)(7)(C). Pub. L. 101-273 added subcl. (C).
      1984 - Subsec. (d). Pub. L. 98-473, in amending subsec. (d)
    generally, added par. (1), designated existing provisions as par.
    (2), inserted reference to par. (1), and inserted provisions
    relating to commission of a felony.
      1978 - Subsec. (c)(9). Pub. L. 95-524 added cl. (9).
      1973 - Subsec. (c)(8). Pub. L. 93-95 added cl. (8).
      1969 - Subsec. (c)(7). Pub. L. 91-86 added cl. (7).
      1959 - Subsec. (a). Pub. L. 86-257 amended subsec. (a) generally.
    Prior to amendment subsec. (a) read as follows: "It shall be
    unlawful for any employer to pay or deliver, or to agree to pay or
    deliver, any money or other thing of value to any representative of
    any of his employees who are employed in an industry affecting
    commerce."
      Subsec. (b). Pub. L. 86-257 amended subsec. (b) generally. Prior
    to amendment subsec. (b) read as follows: "It shall be unlawful for
    any representative of any employees who are employed in an industry
    affecting commerce to receive or accept, or to agree to receive or
    accept, from the employer of such employees any money or other
    thing of value."
      Subsec. (c). Pub. L. 86-257 substituted "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" for "with respect to
    any money or other thing of value payable by an employer to any
    representative who is an employee or former employee of such
    employer, as compensation for, or by reason of, his services as an
    employee of such employer" in cl. (1), and added cl. (6).

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2
    of Pub. L. 104-88, set out as an Effective Date note under section
    701 of Title 49, Transportation.

             APPLICABILITY TO COLLECTIVE BARGAINING AGREEMENTS         
      Amendment by Pub. L. 95-524 not to affect terms and conditions of
    any collective bargaining agreement whether in effect prior to or
    entered into after Oct. 27, 1978, see section 6(e) of Pub. L. 95-
    524, set out as an Effective Date note under section 175a of this
    title.

-End-

-CITE-
    29 USC Sec. 187                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER IV - LIABILITIES OF AND RESTRICTIONS ON LABOR AND
                     MANAGEMENT                

-HEAD-
    Sec. 187. Unlawful activities or conduct; right to sue;
      jurisdiction; limitations; damages

-STATUTE-
      (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 158(b)(4) of this title.
      (b) Whoever shall be injured in his business or property by
    reason or (!1) any violation of subsection (a) of this section may
    sue therefor in any district court of the United States subject to
    the limitations and provisions of 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.

-SOURCE-
    (June 23, 1947, ch. 120, title III, Sec. 303, 61 Stat. 158; Pub. L.
    86-257, title VII, Sec. 704(e), Sept. 14, 1959, 73 Stat. 545.)

-MISC1-
                                AMENDMENTS                            
      1959 - Subsec. (a). Pub. L. 86-257 struck out provisions which
    specified particular practices that were unlawful, and inserted
    reference to practices defined in section 158(b)(4) of this title,
    which section defines the unfair labor practices formerly
    enumerated in this subsection.

-FOOTNOTE-
    (!1) So in original. Probably should be "of".

-End-

-CITE-
    29 USC Sec. 188                                             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER IV - LIABILITIES OF AND RESTRICTIONS ON LABOR AND
                     MANAGEMENT                

-HEAD-
    Sec. 188. Repealed.

-MISC1-
    Sec. 188. Repealed. Aug. 9, 1955, ch. 690, Sec. 4(3), 69 Stat. 625.
      Section, act June 23, 1947, ch. 120, title III, Sec. 305, 61
    Stat. 160, forbade striking by Government employees, required
    discharge of striking employee and forfeiture of his civil-service
    status, and made him ineligible for employment for three years. See
    sections 3333 and 7311 of Title 5, Government Organization and
    Employees, and section 1918 of Title 18, Crimes and Criminal
    Procedure.

-End-

-CITE-
    29 USC SUBCHAPTER V - CONGRESSIONAL JOINT COMMITTEE ON
           LABOR-MANAGEMENT RELATIONS                      01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER V - CONGRESSIONAL JOINT COMMITTEE ON LABOR-MANAGEMENT
                    RELATIONS                   

-HEAD-
     SUBCHAPTER V - CONGRESSIONAL JOINT COMMITTEE ON LABOR-MANAGEMENT
                                 RELATIONS

-End-

-CITE-
    29 USC Secs. 191 to 197                                     01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER V - CONGRESSIONAL JOINT COMMITTEE ON LABOR-MANAGEMENT
                    RELATIONS                   

-HEAD-
    Secs. 191 to 197. Omitted

-COD-
                               CODIFICATION                           
      Section 191, act June 23, 1947, ch. 120, title IV, Sec. 401, 61
    Stat. 160, related to establishment and composition of Joint
    Committee on Labor-Management Relations.
      Section 192, act June 23, 1947, ch. 120, title IV, Sec. 402, 61
    Stat. 160, related to a study by committee of the entire field of
    labor-management relations.
      Section 193, acts June 23, 1947, ch. 120, title IV, Sec. 403, 61
    Stat. 160; Aug. 10, 1948, ch. 833, 62 Stat. 1286, related to a
    final report to Congress to be submitted no later than March 1,
    1949.
      Section 194, act June 23, 1947, ch. 120, title IV, Sec. 404, 61
    Stat. 161, related to employment and compensation of experts and
    other personnel.
      Section 195, act June 23, 1947, ch. 120, title IV, Sec. 405, 61
    Stat. 161, related to hearings, calling of witnesses, production of
    evidence.
      Section 196, act June 23, 1947, ch. 120, title IV, Sec. 406, 61
    Stat. 161, related to reimbursement of committee members for
    expenses.
      Section 197, act June 23, 1947, ch. 120, title IV, Sec. 407, 61
    Stat. 161, related to appropriation of funds.

-End-