§ 165 TITLE 29—LABOR Page 42

ciently substantial to warrant the exercise of its

jurisdiction: Provided, That the Board shall not

decline to assert jurisdiction over any labor dispute over which it would assert jurisdiction

under the standards prevailing upon August 1,

1959.

(2) Nothing in this subchapter shall be deemed

to prevent or bar any agency or the courts of

any State or Territory (including the Commonwealth of Puerto Rico, Guam, and the Virgin Islands), from assuming and asserting jurisdiction

over labor disputes over which the Board declines, pursuant to paragraph (1) of this subsection, to assert jurisdiction.

(July 5, 1935, ch. 372, §14, 49 Stat. 457; June 23,

1947, ch. 120, title I, §101, 61 Stat. 151; Pub. L.

86–257, title VII, §701(a), Sept. 14, 1959, 73 Stat.

541.)

CODIFICATION

In subsec. (a)(1), ‘‘subchapter II of chapter 5 of title

5’’ substituted 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

1959—Subsec. (c). Pub. L. 86–257 added subsec. (c).

1947—Act June 23, 1947, amended section generally by

inserting new subject matter. Section formerly referred

to conflict of laws, see section 165 of this title.

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.

§ 165. Conflict of laws

Wherever the application of the provisions of

section 272 of chapter 10 of the Act entitled ‘‘An

Act to establish a uniform system of bankruptcy

throughout the United States’’, approved July 1,

1898, and Acts amendatory thereof and supplementary thereto (U.S.C., title 11, sec. 672), conflicts with the application of the provisions of

this subchapter, this subchapter shall prevail:

Provided, That in any situation where the provisions of this subchapter cannot be validly enforced, the provisions of such other Acts shall

remain in full force and effect.

(July 5, 1935, ch. 372, §15, 49 Stat. 457; June 23,

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

REFERENCES IN TEXT

The Act approved July 1, 1898, referred to in text,

popularly known as the Bankruptcy Act, was classified

generally to former Title 11, Bankruptcy, and was repealed effective Oct. 1, 1979, by Pub. L. 95–598, §§401(a),

402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised Title 11.

AMENDMENTS

1947—Act June 23, 1947, amended section generally by

inserting new subject matter which was formerly covered by section 164 of this title. Section formerly referred to separability provisions, see section 166 of this

title.

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.

§ 166. Separability

If any provision of this subchapter, or the application of such provision to any person or circumstances, shall be held invalid, the remainder

of this subchapter, or the application of such

provision to persons or circumstances other

than those as to which it is held invalid, shall

not be affected thereby.

(July 5, 1935, ch. 372, §16, 49 Stat. 457; June 23,

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

AMENDMENTS

1947—Act June 23, 1947, amended section generally by

inserting new subject matter which was formerly covered by section 165 of this title. Section formerly referred to short title of chapter, see section 167 of this

title.

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.

§ 167. Short title of subchapter

This subchapter may be cited as the ‘‘National

Labor Relations Act’’.

(July 5, 1935, ch. 372, §17, as added June 23, 1947,

ch. 120, title I, §101, 61 Stat. 152.)

EFFECTIVE DATE

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.

§ 168. Validation of certificates and other Board

actions

No petition entertained, no investigation

made, no election held, and no certification issued by the National Labor Relations Board,

under any of the provisions of section 159 of this

title, shall be invalid by reason of the failure of

the Congress of Industrial Organizations to have

complied with the requirements of section 159(f),

(g), or (h) of this title prior to December 22, 1949,

or by reason of the failure of the American Federation of Labor to have complied with the provisions of section 159(f), (g), or (h) of this title

prior to November 7, 1947: Provided, That no liability shall be imposed under any provision of

this chapter upon any person for failure to

honor any election or certificate referred to

above, prior to October 22, 1951: Provided, however, That this proviso shall not have the effect

of setting aside or in any way affecting judgments or decrees heretofore entered under section 160(e) or (f) of this title and which have become final.

(July 5, 1935, ch. 372, §18, as added Oct. 22, 1951,

ch. 534, §1(a), 65 Stat. 601.)

REFERENCES IN TEXT

Section 159(f), (g), or (h) of this title, referred to in

text, was repealed by Pub. L. 86–257, title II, §201(d), 73

Stat. 525. See section 431 of this title.