§ 175a TITLE 29—LABOR Page 46

§ 175a. Assistance to plant, area, and industrywide labor management committees

(a) Establishment and operation of plant, area,

and industrywide committees

(1) The Service is authorized and directed to

provide assistance in the establishment and operation of plant, area and industrywide labor

management committees which—

(A) have been organized jointly by employers and labor organizations representing employees in that plant, area, or industry; and

(B) are established for the purpose of improving labor management relationships, job

security, organizational effectiveness, enhancing economic development or involving workers in decisions affecting their jobs including

improving communication with respect to subjects of mutual interest and concern.

(2) The Service is authorized and directed to

enter into contracts and to make grants, where

necessary or appropriate, to fulfill its responsibilities under this section.

(b) Restrictions on grants, contracts, or other assistance

(1) No grant may be made, no contract may be

entered into and no other assistance may be provided under the provisions of this section to a

plant labor management committee unless the

employees in that plant are represented by a

labor organization and there is in effect at that

plant a collective bargaining agreement.

(2) No grant may be made, no contract may be

entered into and no other assistance may be provided under the provisions of this section to an

area or industrywide labor management committee unless its participants include any labor

organizations certified or recognized as the representative of the employees of an employer participating in such committee. Nothing in this

clause shall prohibit participation in an area or

industrywide committee by an employer whose

employees are not represented by a labor organization.

(3) No grant may be made under the provisions

of this section to any labor management committee which the Service finds to have as one of

its purposes the discouragement of the exercise

of rights contained in section 157 of this title, or

the interference with collective bargaining in

any plant, or industry.

(c) Establishment of office

The Service shall carry out the provisions of

this section through an office established for

that purpose.

(d) Authorization of appropriations

There are authorized to be appropriated to

carry out the provisions of this section

$10,000,000 for the fiscal year 1979, and such sums

as may be necessary thereafter.

(June 23, 1947, ch. 120, title II, §205A, as added

Pub. L. 95–524, §6(c)(2), Oct. 27, 1978, 92 Stat.

2020.)

SHORT TITLE

For short title of section 6 of Pub. L. 95–524 as the

Labor Management Cooperation Act of 1978, see Short

Title of 1978 Amendment note set out under section 141

of this title.

CONGRESSIONAL STATEMENT OF PURPOSE

Section 6(b) of Pub. L. 95–524 provided that: ‘‘It is the

purpose of this section [enacting this section and

amending sections 173 and 186 of this title]—

‘‘(1) to improve communication between representatives of labor and management;

‘‘(2) to provide workers and employers with opportunities to study and explore new and innovative

joint approaches to achieving organizational effectiveness;

‘‘(3) to assist workers and employers in solving

problems of mutual concern not susceptible to resolution within the collective bargaining process;

‘‘(4) to study and explore ways of eliminating potential problems which reduce the competitiveness

and inhibit the economic development of the plant,

area or industry;

‘‘(5) to enhance the involvement of workers in making decisions that affect their working lives;

‘‘(6) to expand and improve working relationships

between workers and managers; and

‘‘(7) to encourage free collective bargaining by establishing continuing mechanisms for communication between employers and their employees through

Federal assistance to the formation and operation of

labor management committees.’’

APPLICABILITY TO COLLECTIVE BARGAINING

AGREEMENTS

Section 6(e) of Pub. L. 95–524 provided that: ‘‘Nothing

in this section or the amendments made by this section

[enacting this section, amending sections 173 and 186 of

this title, and enacting provisions set out as notes

under this section] shall affect the terms and conditions of any collective bargaining agreement whether

in effect prior to or entered into after the date of enactment of this section [Oct. 27, 1978].’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 173 of this title.

§ 176. National emergencies; appointment of

board of inquiry by President; report; contents; filing with Service

Whenever in the opinion of the President of

the United States, a threatened or actual strike

or lockout affecting an entire industry or a substantial part thereof engaged in trade, commerce, transportation, transmission, or communication among the several States or with foreign nations, or engaged in the production of

goods for commerce, will, if permitted to occur

or to continue, imperil the national health or

safety, he may appoint a board of inquiry to inquire into the issues involved in the dispute and

to make a written report to him within such

time as he shall prescribe. Such report shall include a statement of the facts with respect to

the dispute, including each party’s statement of

its position but shall not contain any recommendations. The President shall file a copy of

such report with the Service and shall make its

contents available to the public.

(June 23, 1947, ch. 120, title II, §206, 61 Stat. 155.)

EXECUTIVE ORDER NO. 11621

Ex. Ord. No. 11621, Oct. 4, 1971, 36 F.R. 19435, as

amended by Ex. Ord. No. 11622, Oct. 5, 1971, 36 F.R. 19491,

which created a Board of Inquiry to inquire into issues

involved in certain labor disputes, was revoked by Ex.

Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

§ 177. Board of inquiry

(a) Composition

A board of inquiry shall be composed of a

chairman and such other members as the Presi-
Page 47 TITLE 29—LABOR § 180

dent shall determine, and shall have power to sit

and act in any place within the United States

and to conduct such hearings either in public or

in private, as it may deem necessary or proper,

to ascertain the facts with respect to the causes

and circumstances of the dispute.

(b) Compensation

Members of a board of inquiry shall receive

compensation at the rate of $50 for each day actually spent by them in the work of the board,

together with necessary travel and subsistence

expenses.

(c) Powers of discovery

For the purpose of any hearing or inquiry conducted by any board appointed under this title,

the provisions of sections 49 and 50 of title 15 (relating to the attendance of witnesses and the

production of books, papers, and documents) are

made applicable to the powers and duties of such

board.

(June 23, 1947, ch. 120, title II, §207, 61 Stat. 155.)

§ 178. Injunctions during national emergency

(a) Petition to district court by Attorney General

on direction of President

Upon receiving a report from a board of inquiry the President may direct the Attorney

General to petition any district court of the

United States having jurisdiction of the parties

to enjoin such strike or lock-out or the continuing thereof, and if the court finds that such

threatened or actual strike or lock-out—

(i) affects an entire industry or a substantial

part thereof engaged in trade, commerce,

transportation, transmission, or communication among the several States or with foreign

nations, or engaged in the production of goods

for commerce; and

(ii) if permitted to occur or to continue, will

imperil the national health or safety, it shall

have jurisdiction to enjoin any such strike or

lockout, or the continuing thereof, and to

make such other orders as may be appropriate.

(b) Inapplicability of chapter 6

In any case, the provisions of chapter 6 of this

title shall not be applicable.

(c) Review of orders

The order or orders of the court shall be subject to review by the appropriate United States

court of appeals and by the Supreme Court upon

writ of certiorari or certification as provided in

section 1254 of title 28.

(June 23, 1947, ch. 120, title II, §208, 61 Stat. 155;

June 25, 1948, ch. 646, §32(a), 62 Stat. 991; May 24,

1949, ch. 139, §127, 63 Stat. 107.)

REFERENCES IN TEXT

Chapter 6 (§101 et seq.) of this title, referred to in

subsec. (b), is a reference to act Mar. 23, 1932, ch. 90, 47

Stat. 70, popularly known as the Norris-LaGuardia Act.

CODIFICATION

In subsec. (c), ‘‘court of appeals’’ substituted for ‘‘circuit court of appeals’’ on authority of act June 25, 1948,

as amended by act May 24, 1949. The words ‘‘United

States’’ immediately preceding ‘‘Court of appeals’’

were inserted on authority of section 43 of Title 28, Judiciary and Judicial Procedure.

In subsec. (c), ‘‘section 1254 of title 28’’ substituted for

‘‘sections 239 and 240 of the Judicial Code, as amended

(U.S.C. title 28, secs. 346 and 347)’’ on authority of act

June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 179 of this title.

§ 179. Injunctions during national emergency; adjustment efforts by parties during injunction

period

(a) Assistance of Service; acceptance of Service’s

proposed settlement

Whenever a district court has issued an order

under section 178 of this title enjoining acts or

practices which imperil or threaten to imperil

the national health or safety, it shall be the

duty of the parties to the labor dispute giving

rise to such order to make every effort to adjust

and settle their differences, with the assistance

of the Service created by this chapter. Neither

party shall be under any duty to accept, in

whole or in part, any proposal of settlement

made by the Service.

(b) Reconvening of board of inquiry; report by

board; contents; secret ballot of employees

by National Labor Relations Board; certification of results to Attorney General

Upon the issuance of such order, the President

shall reconvene the board of inquiry which has

previously reported with respect to the dispute.

At the end of a sixty-day period (unless the dispute has been settled by that time), the board of

inquiry shall report to the President the current

position of the parties and the efforts which

have been made for settlement, and shall include a statement by each party of its position

and a statement of the employer’s last offer of

settlement. The President shall make such report available to the public. The National Labor

Relations Board, within the succeeding fifteen

days, shall take a secret ballot of the employees

of each employer involved in the dispute on the

question of whether they wish to accept the

final offer of settlement made by their employer

as stated by him and shall certify the results

thereof to the Attorney General within five days

thereafter.

(June 23, 1947, ch. 120, title II, §209, 61 Stat. 155.)

§ 180. Discharge of injunction upon certification

of results of election or settlement; report to

Congress

Upon the certification of the results of such

ballot or upon a settlement being reached,

whichever happens sooner, the Attorney General

shall move the court to discharge the injunction, which motion shall then be granted and

the injunction discharged. When such motion is

granted, the President shall submit to the Congress a full and comprehensive report of the proceedings, including the findings of the board of

inquiry and the ballot taken by the National

Labor Relations Board, together with such recommendations as he may see fit to make for

consideration and appropriate action.

(June 23, 1947, ch. 120, title II, §210, 61 Stat. 156.)