Page 51 TITLE 29—LABOR § 187

1So in original. Probably should be ‘‘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.

(June 23, 1947, ch. 120, title III, §302, 61 Stat. 157;

Pub. L. 86–257, title V, §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, §6(d), Oct. 27, 1978, 92 Stat. 2021; Pub. L.

98–473, title II, §801, Oct. 12, 1984, 98 Stat. 2131;

Pub. L. 101–273, §1, Apr. 18, 1990, 104 Stat. 138;

Pub. L. 104–88, title III, §337, Dec. 29, 1995, 109

Stat. 954.)

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 (§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 (§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.

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.

CROSS REFERENCES

Wire or oral communications, authorization for

interception, to provide evidence of violations of this

section dealing with restrictions on payments and

loans to labor organizations, see section 2516 of Title 18,

Crimes and Criminal Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 432, 433, 523,

1002, 1111 of this title; title 18 section 2516; title 26 sections 9702, 9712; title 33 section 917.

§ 187. Unlawful activities or conduct; right to sue;

jurisdiction; limitations; damages

(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
§ 188 TITLE 29—LABOR Page 52

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.

(June 23, 1947, ch. 120, title III, §303, 61 Stat. 158;

Pub. L. 86–257, title VII, §704(e), Sept. 14, 1959, 73

Stat. 545.)

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.

§ 188. Repealed. Aug. 9, 1955, ch. 690, § 4(3), 69

Stat. 625

Section, act June 23, 1947, ch. 120, title III, §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.

SUBCHAPTER V—CONGRESSIONAL JOINT

COMMITTEE ON LABOR-MANAGEMENT

RELATIONS

§§ 191 to 197. Omitted

CODIFICATION

Section 191, act June 23, 1947, ch. 120, title IV, §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, §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, §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, §404, 61

Stat. 161, related to employment and compensation of

experts and other personnel.

Section 195, act June 23, 1947, ch. 120, title IV, §405, 61

Stat. 161, related to hearings, calling of witnesses, production of evidence.

Section 196, act June 23, 1947, ch. 120, title IV, §406, 61

Stat. 161, related to reimbursement of committee members for expenses.

Section 197, act June 23, 1947, ch. 120, title IV, §407, 61

Stat. 161, related to appropriation of funds.

CHAPTER 8—FAIR LABOR STANDARDS

Sec.

201. Short title.

202. Congressional finding and declaration of policy.

203. Definitions.

204. Administration.

(a) Creation of Wage and Hour Division

in Department of Labor; Administrator.

(b) Appointment, selection, classification, and promotion of employees

by Administrator.

(c) Principal office of Administrator; jurisdiction.

(d) Biennial report to Congress; studies

of exemptions to hour and wage provisions and means to prevent curtailment of employment opportunities.

Sec.

(e) Study of effects of foreign production

on unemployment; report to President and Congress.

(f) Employees of Library of Congress; administration of provisions by Office

of Personnel Management.

205. Special industry committees for American

Samoa.

(a) Establishment; residents as members

of committees.

(b) Appointment of committee without

regard to other laws pertaining to

the appointment and compensation

of employees of the United States;

composition of committees.

(c) Quorum; compensation; employees.

(d) Submission of data to committees.

206. Minimum wage.

(a) Employees engaged in commerce;

home workers in Puerto Rico and

Virgin Islands; employees in American Samoa; seamen on American

vessels; agricultural employees.

(b) Additional applicability to employees

pursuant to subsequent amendatory

provisions.

(c) Repealed.

(d) Prohibition of sex discrimination.

(e) Employees of employers providing

contract services to United States.

(f) Employees in domestic service.

(g) Newly hired employees who are less

than 20 years old.

207. Maximum hours.

(a) Employees engaged in interstate commerce; additional applicability to

employees pursuant to subsequent

amendatory provisions.

(b) Employment pursuant to collective

bargaining agreement; employment

by independently owned and controlled local enterprise engaged in

distribution of petroleum products.

(c), (d) Repealed.

(e) ‘‘Regular rate’’ defined.

(f) Employment necessitating irregular

hours of work.

(g) Employment at piece rates.

(h) Extra compensation creditable toward overtime compensation.

(i) Employment by retail or service establishment.

(j) Employment in hospital or establishment engaged in care of sick, aged,

or mentally ill.

(k) Employment by public agency engaged in fire protection or law enforcement activities.

(l) Employment in domestic service in

one or more households.

(m) Employment in tobacco industry.

(n) Employment by street, suburban, or

interurban electric railway, or local

trolley or motorbus carrier.

(o) Compensatory time.

(p) Special detail work for fire protection

and law enforcement employees; occasional or sporadic employment;

substitution.

(q) Maximum hour exemption for employees receiving remedial education.

208. Wage orders in American Samoa.

(a) Congressional policy; recommendation of wage rate by industry committee.

(b) Investigation of industry condition by

industry committee; matters considered.