Page 45 TITLE 29—LABOR § 175

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

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.

(June 23, 1947, ch. 120, title II, §203, 61 Stat. 153;

Pub. L. 95–524, §6(c)(1), Oct. 27, 1978, 92 Stat. 2020;

Pub. L. 101–552, §7, Nov. 15, 1990, 104 Stat. 2746;

Pub. L. 102–354, §5(b)(5), Aug. 26, 1992, 106 Stat.

946; Pub. L. 104–320, §4(c), Oct. 19, 1996, 110 Stat.

3871.)

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 (§171 et seq.) and

IV (§185 et seq.) of this chapter. For complete classification of this act to the Code, see Tables.

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.

§ 174. Co-equal obligations of employees, their

representatives, and management to minimize labor disputes

(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.

(June 23, 1947, ch. 120, title II, §204, 61 Stat. 154.)

§ 175. National Labor-Management Panel; creation and composition; appointment, tenure,

and compensation; duties

(a) There is created a National Labor-Management Panel which shall be composed of twelve

members appointed by the President, six of

whom shall be 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.

(June 23, 1947, ch. 120, title II, §205, 61 Stat. 154.)