Page 41 TITLE 29—LABOR § 164

shall furnish the Board, upon its request, all

records, papers, and information in their possession relating to any matter before the

Board.

(July 5, 1935, ch. 372, §11, 49 Stat. 455; June 23,

1947, ch. 120, title I, §101, 61 Stat. 150; June 25,

1948, ch. 646, §32(b), 62 Stat. 991; May 24, 1949, ch.

139, §127, 63 Stat. 107; Pub. L. 91–452, title II,

§234, Oct. 15, 1970, 84 Stat. 930; Pub. L. 86–507,

§1(57), June 11, 1960, as added Pub. L. 96–245, May

21, 1980, 94 Stat. 347.)

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’’.

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.

FEDERAL RULES OF CIVIL PROCEDURE

Subpena, see rule 45, Title 28, Appendix, Judiciary

and Judicial Procedure.

CROSS REFERENCES

Immunity of witnesses, see section 6001 et seq. of

Title 18, Crimes and Criminal Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title;

title 18 section 1951; title 42 section 2000e–9.

§ 162. Offenses and penalties

Any person who shall willfully resist, prevent,

impede, or interfere with any member of the

Board or any of its agents or agencies in the performance of duties pursuant to this subchapter

shall be punished by a fine of not more than

$5,000 or by imprisonment for not more than one

year, or both.

(July 5, 1935, ch. 372, §12, 49 Stat. 456; June 23,

1947, ch. 120, title I, §101, 61 Stat. 151.)

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 1951.

§ 163. Right to strike preserved

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.

(July 5, 1935, ch. 372, §13, 49 Stat. 457; June 23,

1947, ch. 120, title I, §101, 61 Stat. 151.)

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 1951.

§ 164. Construction of provisions

(a) Supervisors as union members

Nothing herein shall prohibit any individual

employed as a supervisor from becoming or remaining a member of a labor organization, but

no employer subject to this 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 suffi-