Page 29 TITLE 29—LABOR § 153

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1803 of this title;

title 7 section 2015; title 20 section 76k.

§ 153. National Labor Relations Board

(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.

(July 5, 1935, ch. 372, §3, 49 Stat. 451; June 23,

1947, ch. 120, title I, §101, 61 Stat. 139; Pub. L.

86–257, title VII, §§701(b), 703, Sept. 14, 1959, 73

Stat. 542; Pub. L. 93–608, §3(3), Jan. 2, 1975, 88

Stat. 1972; Pub. L. 95–251, §3, Mar. 27, 1978, 92

Stat. 184; Pub. L. 97–375, title II, §213, Dec. 21,

1982, 96 Stat. 1826.)

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.

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.

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, §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, §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.
§ 154 TITLE 29—LABOR Page 30

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.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 152 of this title.

§ 154. National Labor Relations Board; eligibility

for reappointment; officers and employees;

payment of expenses

(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.

(July 5, 1935, ch. 372, §4, 49 Stat. 451; June 23,

1947, ch. 120, title I, §101, 61 Stat. 139; Pub. L.

95–251, §3, Mar. 27, 1978, 92 Stat. 184.)

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.

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.

§ 155. National Labor Relations Board; principal

office, conducting inquiries throughout country; participation in decisions or inquiries

conducted by member

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.

(July 5, 1935, ch. 372, §5, 49 Stat. 452; June 23,

1947, ch. 120, title I, §101, 61 Stat. 140.)

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.

§ 156. Rules and regulations

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.

(July 5, 1935, ch. 372, §6, 49 Stat. 452; June 23,

1947, ch. 120, title I, §101, 61 Stat. 140.)

CODIFICATION

‘‘Subchapter II of chapter 5 of title 5’’ substituted in

text for ‘‘the Administrative Procedure Act’’ on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631,

the first section of which enacted Title 5, Government

Organization and Employees.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 158 of this title.