Page 43 TITLE 29—LABOR § 172

§ 169. Employees with religious convictions; payment of dues and fees

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.

(July 5, 1935, ch. 372, §19, as added Pub. L. 93–360,

§3, July 26, 1974, 88 Stat. 397; amended Pub. L.

96–593, Dec. 24, 1980, 94 Stat. 3452.)

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].’’

SUBCHAPTER III—CONCILIATION OF LABOR

DISPUTES; NATIONAL EMERGENCIES

§ 171. Declaration of purpose and policy

It is the policy of the United States that—

(a) sound and stable industrial peace and the

advancement of the general welfare, health,

and safety of the Nation and of the best 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.

(June 23, 1947, ch. 120, title II, §201, 61 Stat. 152.)

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.

§ 172. Federal Mediation and Conciliation Service

(a) Creation; appointment of Director

There is created an independent agency to be

known as the Federal Mediation and Conciliation Service (herein referred to as the ‘‘Service’’, except that for sixty days after June 23,

1947, such term shall refer to the Conciliation

Service of the Department of Labor). The Service shall be under the direction of a Federal Mediation and Conciliation Director (hereinafter

referred to as the ‘‘Director’’), who shall be appointed by the President by and with the advice

and consent of the Senate. The Director shall

not engage in any other business, vocation, or

employment.

(b) Appointment of officers and employees; expenditures for supplies, facilities, and services

The Director is authorized, subject to the civil

service laws, to appoint such clerical and other

personnel as may be necessary for the execution

of the functions of the Service, and shall fix

their compensation in accordance with 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.