§ 160 TITLE 29—LABOR Page 36

order with respect to such labor organization or

its predecessor not issued in conformity with

section 160(c) of this title.

(3) No election shall be directed in any bargaining unit or any subdivision within which in

the preceding twelve-month period, a valid election shall have been held. Employees engaged in

an economic strike who are not entitled to reinstatement shall be eligible to vote under such

regulations as the Board shall find are consistent with the purposes and provisions of this subchapter in any election conducted within twelve

months after the commencement of the strike.

In any election where none of the choices on the

ballot receives a majority, a run-off shall be

conducted, the ballot providing for a selection

between the two choices receiving the largest

and second largest number of valid votes cast in

the election.

(4) Nothing in this section shall be construed

to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules of decision of

the Board.

(5) In determining whether a unit is appropriate for the purposes specified in subsection

(b) of this section the extent to which the employees have organized shall not be controlling.

(d) Petition for enforcement or review; transcript

Whenever an order of the Board made pursuant to section 160(c) of this title is based in

whole or in part upon facts certified following

an investigation pursuant to subsection (c) of

this section and there is a petition for the enforcement or review of such order, such certification and the record of such investigation shall

be included in the transcript of the entire record

required to be filed under subsection (e) or (f) of

section 160 of this title, and thereupon the decree of the court enforcing, modifying, or setting aside in whole or in part the order of the

Board shall be made and entered upon the pleadings, testimony, and proceedings set forth in

such transcript.

(e) Secret ballot; limitation of elections

(1) Upon the filing with the Board, by 30 per

centum or more of the employees in a bargaining unit covered by an agreement between their

employer and a labor organization made pursuant to section 158(a)(3) of this title, of a petition

alleging they desire that such authority be rescinded, the Board shall take a secret ballot of

the employees in such unit and certify the results thereof to such labor organization and to

the employer.

(2) No election shall be conducted pursuant to

this subsection in any bargaining unit or any

subdivision within which, in the preceding

twelve-month period, a valid election shall have

been held.

(July 5, 1935, ch. 372, §9, 49 Stat. 453; June 23,

1947, ch. 120, title I, §101, 61 Stat. 143; Oct. 22,

1951, ch. 534, §1(c), (d), 65 Stat. 601; Pub. L.

86–257, title II, §201(d), title VII, §702, Sept. 14,

1959, 73 Stat. 525, 542.)

AMENDMENTS

1959—Subsec. (c)(3). Pub. L. 86–257, §702, substituted

‘‘Employees engaged in an economic strike who are not

entitled to reinstatement shall be eligible to vote

under such regulations as the Board shall find are consistent with the purposes and provisions of this subchapter in any election conducted within twelve

months after the commencement of the strike’’ for

‘‘Employees on strike who are not entitled to reinstatement shall not be eligible to vote.’’

Subsecs. (f), (g). Pub. L. 86–257, §201(d), repealed subsecs. (f) and (g) which required unions to file their constitutions, bylaws and a report, prescribed the contents

of the report and directed the filing of annual financial

reports, and are now covered by section 431 of this title.

Subsec. (h). Pub. L. 86–257, §201(d), repealed subsec.

(h) which related to affidavits showing union’s officers

free from Communist Party affiliation or belief.

1951—Subsec. (e). Act Oct. 22, 1951, §1(c), struck out

par. (1) and renumbered pars. (2) and (3) as (1) and (2).

Subsecs. (f) to (h). Act Oct. 22, 1951, §1(d), struck out

‘‘No petition under section 159(e)(1) shall be entertained’’ wherever appearing.

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

allow employees to carry their grievances directly to

the employer, to circumscribe certain powers of the

Board, to make the union file with the Secretary of

Labor its constitution, bylaws, and report before being

certified as a bargaining agent, to require annual reports by labor unions, and to require labor unions to

file affidavits with the Board showing that none of its

officers are affiliated with or believe in the Communist

Party.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by section 702 of Pub. L. 86–257 effective

sixty days after Sept. 14, 1959, see section 707 of Pub. L.

86–257, set out as a note under section 153 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.

CERTAIN CERTIFICATIONS OF BARGAINING UNITS

UNAFFECTED

Section 103 of title I of act June 23, 1947, provided

that: ‘‘No provisions of this title [amending this subchapter] shall affect any certification of representatives or any determination as to the appropriate collective-bargaining unit, which was made under section 9 of

the National Labor Relations Act [this section] prior to

the effective date of this title [sixty days after June 23,

1947] until one year after the date of such certification

or if, in respect of any such certification, a collectivebargaining contract was entered into prior to the effective date of this title [sixty days after June 23, 1947],

until the end of the contract period or until one year

after such date, whichever first occurs.’’

COMMUNIST ORGANIZATIONS AND MEMBERS

Prohibitions placed on Communist organizations, and

members thereof, with respect to labor, see section 781

et seq. of Title 50, War and National Defense, particularly sections 782(4A), 784, 792a, and 841 to 844 of that

title.

FEDERAL RULES OF CIVIL PROCEDURE

Application of rules, see rule 81, Title 28, Appendix,

Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 153, 158, 161, 168,

1403, 2101 of this title; title 18 section 1951.

§ 160. Prevention of unfair labor practices

(a) Powers of Board generally

The Board is empowered, as hereinafter provided, to prevent any person from engaging in

any unfair labor practice (listed in section 158 of
Page 37 TITLE 29—LABOR § 160

this title) affecting commerce. This power shall

not be affected by any other means of adjustment or prevention that has been or may be established by agreement, law, or otherwise: Provided, That the Board is empowered by agreement with any agency of any State or Territory

to cede to such agency jurisdiction over any

cases in any industry (other than mining, manufacturing, communications, and transportation

except where predominantly local in character)

even though such cases may involve labor disputes affecting commerce, unless the provision

of the State or Territorial statute applicable to

the determination of such cases by such agency

is inconsistent with the corresponding provision

of this subchapter or has received a construction

inconsistent therewith.

(b) Complaint and notice of hearing; answer;

court rules of evidence inapplicable

Whenever it is charged that any person has engaged in or is engaging in any such unfair labor

practice, the Board, or any agent or agency designated by the Board for such purposes, shall

have power to issue and cause to be served upon

such person a complaint stating the charges in

that respect, and containing a notice of hearing

before the Board or a member thereof, or before

a designated agent or agency, at a place therein

fixed, not less than five days after the serving of

said complaint: Provided, That no complaint

shall issue based upon any unfair labor practice

occurring more than six months prior to the filing of the charge with the Board and the service

of a copy thereof upon the person against whom

such charge is made, unless the person aggrieved

thereby was prevented from filing such charge

by reason of service in the armed forces, in

which event the six-month period shall be computed from the day of his discharge. Any such

complaint may be amended by the member,

agent, or agency conducting the hearing or the

Board in its discretion at any time prior to the

issuance of an order based thereon. The person

so complained of shall have the right to file an

answer to the original or amended complaint

and to appear in person or otherwise and give

testimony at the place and time fixed in the

complaint. In the discretion of the member,

agent, or agency conducting the hearing or the

Board, any other person may be allowed to intervene in the said proceeding and to present

testimony. Any such proceeding shall, so far as

practicable, be conducted in accordance with the

rules of evidence applicable in the district

courts of the United States under the rules of

civil procedure for the district courts of the

United States, adopted by the Supreme Court of

the United States pursuant to section 2072 of

title 28.

(c) Reduction of testimony to writing; findings

and orders of Board

The testimony taken by such member, agent,

or agency or the Board shall be reduced to writing and filed with the Board. Thereafter, in its

discretion, the Board upon notice may take further testimony or hear argument. If upon the

preponderance of the testimony taken the Board

shall be of the opinion that any person named in

the complaint has engaged in or is engaging in

any such unfair labor practice, then the Board

shall state its findings of fact and shall issue

and cause to be served on such person an order

requiring such person to cease and desist from

such unfair labor practice, and to take such affirmative action including reinstatement of employees with or without back pay, as will effectuate the policies of this subchapter: Provided,

That where an order directs reinstatement of an

employee, back pay may be required of the employer or labor organization, as the case may be,

responsible for the discrimination suffered by

him: And provided further, That in determining

whether a complaint shall issue alleging a violation of subsection (a)(1) or (a)(2) of section 158 of

this title, and in deciding such cases, the same

regulations and rules of decision shall apply irrespective of whether or not the labor organization affected is affiliated with a labor organization national or international in scope. Such

order may further require such person to make

reports from time to time showing the extent to

which it has complied with the order. If upon

the preponderance of the testimony taken the

Board shall not be of the opinion that the person

named in the complaint has engaged in or is engaging in any such unfair labor practice, then

the Board shall state its findings of fact and

shall issue an order dismissing the said complaint. No order of the Board shall require the

reinstatement of any individual as an employee

who has been suspended or discharged, or the

payment to him of any back pay, if such individual was suspended or discharged for cause. In

case the evidence is presented before a member

of the Board, or before an administrative law

judge or judges thereof, such member, or such

judge or judges as the case may be, shall issue

and cause to be served on the parties to the proceeding a proposed report, together with a recommended order, which shall be filed with the

Board, and if no exceptions are filed within

twenty days after service thereof upon such parties, or within such further period as the Board

may authorize, such recommended order shall

become the order of the Board and become effective as therein prescribed.

(d) Modification of findings or orders prior to filing record in court

Until the record in a case shall have been filed

in a court, as hereinafter provided, the Board

may at any time upon reasonable notice and in

such manner as it shall deem proper, modify or

set aside, in whole or in part, any finding or

order made or issued by it.

(e) Petition to court for enforcement of order;

proceedings; review of judgment

The Board shall have power to petition any

court of appeals of the United States, or if all

the courts of appeals to which application may

be made are in vacation, any district court of

the United States, within any circuit or district,

respectively, wherein the unfair labor practice

in question occurred or wherein such person resides or transacts business, for the enforcement

of such order and for appropriate temporary relief or restraining order, and shall file in the

court the record in the proceedings, as provided

in section 2112 of title 28. Upon the filing of such

petition, the court shall cause notice thereof to

be served upon such person, and thereupon shall
§ 160 TITLE 29—LABOR Page 38

have jurisdiction of the proceeding and of the

question determined therein, and shall have

power to grant such temporary relief or restraining order as it deems just and proper, and

to make and enter a decree enforcing, modifying

and enforcing as so modified, or setting aside in

whole or in part the order of the Board. No objection that has not been urged before the

Board, its member, agent, or agency, shall be

considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Board with respect to questions of

fact if supported by substantial evidence on the

record considered as a whole shall be conclusive.

If either party shall apply to the court for leave

to adduce additional evidence and shall show to

the satisfaction of the court that such additional evidence is material and that there were

reasonable grounds for the failure to adduce

such evidence in the hearing before the Board,

its member, agent, or agency, the court may

order such additional evidence to be taken before the Board, its member, agent, or agency,

and to be made a part of the record. The Board

may modify its findings as to the facts, or make

new findings by reason of additional evidence so

taken and filed, and it shall file such modified or

new findings, which findings with respect to

questions of fact if supported by substantial evidence on the record considered as a whole shall

be conclusive, and shall file its recommendations, if any, for the modification or setting

aside of its original order. Upon the filing of the

record with it the jurisdiction of the court shall

be exclusive and its judgment and decree shall

be final, except that the same shall be subject to

review by the appropriate United States court of

appeals if application was made to the district

court as hereinabove provided, and by the Supreme Court of the United States upon writ of

certiorari or certification as provided in section

1254 of title 28.

(f) Review of final order of Board on petition to

court

Any person aggrieved by a final order of the

Board granting or denying in whole or in part

the relief sought may obtain a review of such

order in any United States court of appeals in

the circuit wherein the unfair labor practice in

question was alleged to have been engaged in or

wherein such person resides or transacts business, or in the United States Court of Appeals

for the District of Columbia, by filing in such a

court a written petition praying that the order

of the Board be modified or set aside. A copy of

such petition shall be forthwith transmitted by

the clerk of the court to the Board, and thereupon the aggrieved party shall file in the court

the record in the proceeding, certified by the

Board, as provided in section 2112 of title 28.

Upon the filing of such petition, the court shall

proceed in the same manner as in the case of an

application by the Board under subsection (e) of

this section, and shall have the same jurisdiction to grant to the Board such temporary relief

or restraining order as it deems just and proper,

and in like manner to make and enter a decree

enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the

order of the Board; the findings of the Board

with respect to questions of fact if supported by

substantial evidence on the record considered as

a whole shall in like manner be conclusive.

(g) Institution of court proceedings as stay of

Board’s order

The commencement of proceedings under subsection (e) or (f) of this section shall not, unless

specifically ordered by the court, operate as a

stay of the Board’s order.

(h) Jurisdiction of courts unaffected by limitations prescribed in chapter 6 of this title

When granting appropriate temporary relief or

a restraining order, or making and entering a

decree enforcing, modifying, and enforcing as so

modified or setting aside in whole or in part an

order of the Board, as provided in this section,

the jurisdiction of courts sitting in equity shall

not be limited by chapter 6 of this title.

(i) Repealed. Pub. L. 98–620, title IV, § 402(31),

Nov. 8, 1984, 98 Stat. 3360

(j) Injunctions

The Board shall have power, upon issuance of

a complaint as provided in subsection (b) of this

section charging that any person has engaged in

or is engaging in an unfair labor practice, to petition any United States district court, within

any district wherein the unfair labor practice in

question is alleged to have occurred or wherein

such person resides or transacts business, for appropriate temporary relief or restraining order.

Upon the filing of any such petition the court

shall cause notice thereof to be served upon such

person, and thereupon shall have jurisdiction to

grant to the Board such temporary relief or restraining order as it deems just and proper.

(k) Hearings on jurisdictional strikes

Whenever it is charged that any person has engaged in an unfair labor practice within the

meaning of paragraph (4)(D) of section 158(b) of

this title, the Board is empowered and directed

to hear and determine the dispute out of which

such unfair labor practice shall have arisen, unless, within ten days after notice that such

charge has been filed, the parties to such dispute

submit to the Board satisfactory evidence that

they have adjusted, or agreed upon methods for

the voluntary adjustment of, the dispute. Upon

compliance by the parties to the dispute with

the decision of the Board or upon such voluntary

adjustment of the dispute, such charge shall be

dismissed.

(l) Boycotts and strikes to force recognition of

uncertified labor organizations; injunctions;

notice; service of process

Whenever it is charged that any person has engaged in an unfair labor practice within the

meaning of paragraph (4)(A), (B), or (C) of section 158(b) of this title, or section 158(e) of this

title or section 158(b)(7) of this title, the preliminary investigation of such charge shall be made

forthwith and given priority over all other cases

except cases of like character in the office where

it is filed or to which it is referred. If, after such

investigation, the officer or regional attorney to

whom the matter may be referred has reasonable cause to believe such charge is true and
Page 39 TITLE 29—LABOR § 160

that a complaint should issue, he shall, on behalf of the Board, petition any United States

district court within any district where the unfair labor practice in question has occurred, is

alleged to have occurred, or wherein such person

resides or transacts business, for appropriate injunctive relief pending the final adjudication of

the Board with respect to such matter. Upon the

filing of any such petition the district court

shall have jurisdiction to grant such injunctive

relief or temporary restraining order as it deems

just and proper, notwithstanding any other provision of law: Provided further, That no temporary restraining order shall be issued without

notice unless a petition alleges that substantial

and irreparable injury to the charging party will

be unavoidable and such temporary restraining

order shall be effective for no longer than five

days and will become void at the expiration of

such period: Provided further, That such officer

or regional attorney shall not apply for any restraining order under section 158(b)(7) of this

title if a charge against the employer under section 158(a)(2) of this title has been filed and after

the preliminary investigation, he has reasonable

cause to believe that such charge is true and

that a complaint should issue. Upon filing of

any such petition the courts shall cause notice

thereof to be served upon any person involved in

the charge and such person, including the charging party, shall be given an opportunity to appear by counsel and present any relevant testimony: Provided further, That for the purposes of

this subsection district courts shall be deemed

to have jurisdiction of a labor organization (1) in

the district in which such organization maintains its principal office, or (2) in any district in

which its duly authorized officers or agents are

engaged in promoting or protecting the interests of employee members. The service of legal

process upon such officer or agent shall constitute service upon the labor organization and

make such organization a party to the suit. In

situations where such relief is appropriate the

procedure specified herein shall apply to charges

with respect to section 158(b)(4)(D) of this title.

(m) Priority of cases

Whenever it is charged that any person has engaged in an unfair labor practice within the

meaning of subsection (a)(3) or (b)(2) of section

158 of this title, such charge shall be given priority over all other cases except cases of like character in the office where it is filed or to which

it is referred and cases given priority under subsection (l) of this section.

(July 5, 1935, ch. 372, §10, 49 Stat. 453; June 23,

1947, ch. 120, title I, §101, 61 Stat. 146; June 25,

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

ch. 139, §127, 63 Stat. 107; Pub. L. 85–791, §13,

Aug. 28, 1958, 72 Stat. 945; Pub. L. 86–257, title

VII, §§704(d), 706, Sept. 14, 1959, 73 Stat. 544; Pub.

L. 95–251, §3, Mar. 27, 1978, 92 Stat. 184; Pub. L.

98–620, title IV, §402(31), Nov. 8, 1984, 98 Stat.

3360.)

REFERENCES IN TEXT

The rules of evidence applicable in the district courts

of the United States, referred to in subsec. (b), are set

out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

The rules of civil procedure for the district courts of

the United States, referred to in subsec. (b), are set out

in the Appendix to Title 28.

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

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

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

CODIFICATION

In subsec. (b), ‘‘section 2072 of title 28’’ substituted

for ‘‘the Act of June 19, 1934 (U.S.C., title 28, secs. 723-

B, 723–C)’’ on authority of act June 25, 1948, ch. 646, 62

Stat. 869, section 1 of which enacted Title 28, Judiciary

and Judicial Procedure.

In subsec. (c), ‘‘administrative law judge or judges’’

and ‘‘such judge or judges’’ substituted for ‘‘examiner

or examiners’’ and ‘‘such examiner or examiners’’, respectively, 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.

In subsec. (f), ‘‘United States court of appeals’’ substituted for ‘‘circuit court of appeals of the United

States’’ on authority of act June 25, 1948, as amended

by act May 24, 1949.

As originally enacted subsecs. (j) and (l) contained

references 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

1984—Subsec. (i). Pub. L. 98–620 struck out subsec. (i)

which provided for expeditious hearings on petitions.

1959—Subsec. (l). Pub. L. 86–257, §704(d), included unfair labor practices within the meaning of sections

158(e) and 158(b)(7) of this title, and inserted proviso

prohibiting the officer or regional attorney from applying for any restraining order under section 158(b)(7) of

this title if a charge against the employer under section 158(a)(2) of this title has been filed and after the

preliminary investigation, he has reasonable cause to

believe that such charge is true and that a complaint

should issue.

Subsec. (m). Pub. L. 86–257, §706, added subsec. (m).

1958—Subsec. (d). Pub. L. 85–791, §13(a), struck out ‘‘a

transcript of’’ after ‘‘until’’.

Subsec. (e). Pub. L. 85–791, §13(b), struck out ‘‘(including the United States Court of Appeals for the District

of Columbia)’’ before ‘‘, or if all the courts’’, and substituted ‘‘file in the court the record in the proceedings, as provided in section 2112 of title 28’’ for ‘‘certify

and file in the court a transcript of the entire record in

the proceedings including the pleadings and testimony

upon which such order was entered and the findings and

order of the Board’’ in first sentence, in second sentence substituted ‘‘the filing of such petition’’ for

‘‘such filing of’’ and struck out ‘‘upon the pleadings,

testimony and proceedings set forth in such transcript’’

after ‘‘make and enter’’, in fifth sentence substituted

‘‘member’’ for ‘‘members’’ after ‘‘before the Board, its’’,

and substituted ‘‘record’’ for ‘‘transcript’’, and in seventh sentence, substituted ‘‘Upon the filing of the

record with it the’’ for ‘‘The’’, and ‘‘section 1254 of title

28’’ for ‘‘sections 346 and 347 of title 28’’.

Subsec. (f). Pub. L. 85–791, §13(c), substituted ‘‘transmitted by the clerk of the court to’’ for ‘‘served upon’’

and ‘‘the record in the proceeding, certified by the

Board, as provided in section 2112 of title 28’’ for ‘‘a

transcript of the entire record in the proceeding, cer-
§ 161 TITLE 29—LABOR Page 40

tified by the Board including the pleading and testimony upon which the order complained of was entered,

and the findings and order of the Board’’ in second sentence, and in third sentence substituted ‘‘the filing of

such petition,’’ for ‘‘such filing’’, and struck out ‘‘exclusive’’ before ‘‘jurisdiction’’.

1947—Act June 23, 1947, amended section generally

and added subsecs. (j) to (l) which gives the Board general power to petition district court for temporary relief or restraining order, directs Board to hear and determine jurisdictional strikes, and to investigate boycotts and strikes to force recognition of an uncertified

labor union and to petition district court for injunctive

relief.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–620 not applicable to cases

pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620,

set out as a note under section 1657 of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86–257 effective sixty days

after Sept. 14, 1959, see section 707 of Pub. L. 86–257, set

out as a note under section 153 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.

COMMUNIST ORGANIZATIONS AND MEMBERS

Prohibitions placed on Communist organizations and

members thereof, with respect to labor, see section 781

et seq. of Title 50, War and National Defense, particularly sections 782(4A), 784, 792a, and 841 to 844 of that

title.

FEDERAL RULES OF CIVIL PROCEDURE

Application of rules, see rule 81, Title 28, Appendix,

Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 153, 158, 159, 161,

168 of this title; title 18 section 1951; title 42 section

2297h–8.

§ 161. Investigatory powers of Board

For the purpose of all hearings and investigations, which, in the opinion of the Board, are

necessary and proper for the exercise of the powers vested in it by sections 159 and 160 of this

title—

(1) Documentary evidence; summoning witnesses and taking testimony

The Board, or its duly authorized agents or

agencies, shall at all reasonable times have access to, for the purpose of examination, and

the right to copy any evidence of any person

being investigated or proceeded against that

relates to any matter under investigation or

in question. The Board, or any member thereof, shall upon application of any party to such

proceedings, forthwith issue to such party subpenas requiring the attendance and testimony

of witnesses or the production of any evidence

in such proceedings or investigation requested

in such application. Within five days after the

service of a subpena on any person requiring

the production of any evidence in his possession or under his control, such person may petition the Board to revoke, and the Board

shall revoke, such subpena if in its opinion the

evidence whose production is required does not

relate to any matter under investigation, or

any matter in question in such proceedings, or

if in its opinion such subpena does not describe with sufficient particularity the evidence whose production is required. Any member of the Board, or any agent or agency designated by the Board for such purposes, may

administer oaths and affirmations, examine

witnesses, and receive evidence. Such attendance of witnesses and the production of such

evidence may be required from any place in

the United States or any Territory or possession thereof, at any designated place of hearing.

(2) Court aid in compelling production of evidence and attendance of witnesses

In case of contumacy or refusal to obey a

subpena issued to any person, any district

court of the United States or the United

States courts of any Territory or possession,

within the jurisdiction of which the inquiry is

carried on or within the jurisdiction of which

said person guilty of contumacy or refusal to

obey is found or resides or transacts business,

upon application by the Board shall have jurisdiction to issue to such person an order requiring such person to appear before the

Board, its member, agent, or agency, there to

produce evidence if so ordered, or there to give

testimony touching the matter under investigation or in question; and any failure to

obey such order of the court may be punished

by said court as a contempt thereof.

(3) Repealed. Pub. L. 91–452, title II, § 234, Oct.

15, 1970, 84 Stat. 930

(4) Process, service and return; fees of witnesses

Complaints, orders, and other process and

papers of the Board, its member, agent, or

agency, may be served either personally or by

registered or certified mail or by telegraph or

by leaving a copy thereof at the principal office or place of business of the person required

to be served. The verified return by the individual so serving the same setting forth the

manner of such service shall be proof of the

same, and the return post office receipt or

telegraph receipt therefore when registered or

certified and mailed or when telegraphed as

aforesaid shall be proof of service of the same.

Witnesses summoned before the Board, its

member, agent, or agency, shall be paid the

same fees and mileage that are paid witnesses

in the courts of the United States, and witnesses whose depositions are taken and the

persons taking the same shall severally be entitled to the same fees as are paid for like

services in the courts of the United States.

(5) Process, where served

All process of any court to which application

may be made under this subchapter may be

served in the judicial district wherein the defendant or other person required to be served

resides or may be found.

(6) Information and assistance from departments

The several departments and agencies of the

Government, when directed by the President,