of the affected State, territory, or possession of the
United States.
SEC. 207. STRIKES.
(a) Except as otherwise expressly provided in sub-
sections (b) and (c) of this section and in Section 209 and
in subsection (c) of section 7, nothing in this Act or in
any other law or enactment of the United States, or of
any State, territory, or possession of the United States,
or any political subdivision thereof, shall be construed to
interfere with, impede, or diminish the right of an exclu-
sive representative to engage or of an employee to partici-
pate in a strike arising out of or in connection with a labor
dispute.
(b) A restraining order or temporary or permanent
injunction may be granted in a case involving a strike by
an exclusive representative arising out of or in connection
with a labor dispute, only on the basis of findings of fact
made by the appropriate district court of the United
States after due notice and hearing prior to the issuance
of such restraining order or injunction that—
(1) the commencement or continuance of such
strike poses a clear and present danger to the public
health or safety which in light of all relevant cir-
cumstances it is in the best public interest to pre-
vent: Provided, That any restraining order or injunc-
tion issued by a court for this reason shall prohibit
only such specific act or acts as shall be expressly
determined in said findings of fact to pose such clear
and present danger and shall remain in effect only
for so long as such clear and present danger contin-
ues to exist; or
(2) the exclusive representative has failed to
make a reasonable effort to utilize the procedures
provided in section 7 of this Act for the resolution
of impasse in collective bargaining: Provided, That
any restraining order or injunction issued by a court
for this reason shall indicate the specific act or acts
which the representative has failed to perform and
shall remain in effect only until said act or acts shall
have been performed.
(c) Nothing contained in this Act shall prevent a
court from granting a restraining order or temporary or
permanent injunction in a case involving a strike in viola-
tion of any lawful provision of an agreement covering
terms and conditions of employment and other matters of
mutual concern relating thereto.
SEC. 208. IMPASSE PROCEDURES FOR FIREFIGHTERS AND
PUBLIC SAFETY OFFICERS.
(a) ARBITRATION PANEL.—
(1) If an employer or an exclusive representa-
tive declares that an impasse exists on any issue
later than 60 days after the date on which collective
bargaining proceedings begin, the issue of dispute
shall be brought before an arbitration panel for a
final and binding resolution. Such panel shall be
comprised of 3 arbitrators—
(A) one appointed by the employer and one
appointed by the exclusive representative within
15 days after the date of request by the party
declaring impasse; and
(B) an impartial arbitrator (who shall
serve as chair) selected by the arbitrators ap-
pointed under subparagraph (A) within 5 days
after the date of their appointment.
(2) In the event that the arbitrators appointed
under paragraph (1)(A) are unable to agree on the
selection of the impartial arbitrator, such arbitrators
shall immediately request a panel of arbitrators from
the Federal Mediation and Conciliation Service.
Each such arbitrator shall advise the Service of his
or her order of preference within 5 days after receipt
of the names on the panel and appointment of the
third arbitrator shall then be made in accordance
with the procedure outlined in section 1401.13(b)(2)
of title 29, Code of Federal Regulations.
(3) The arbitration panel shall conduct a hear-
ing, within 14 days after the date of appointment of
its chair, at a place within the locality of the munici-
pal government involved, where feasible. The chair
shall notify the representatives of the employer and
the exclusive representative as to date and place of
such hearing not less than 7 days before the date on
which the hearing is to be conducted.
(b) HEARING BEFORE ARBITRATION PANEL.—
(1) The chair shall preside over the hearing and
shall take testimony. Upon application and for good
cause shown, a person, labor organization or govern-
mental unit having substantial interest in the pro-
ceedings may be granted leave to intervene by the
arbitration panel. The proceedings shall be informal.
Any oral or documentary evidence and other data
deemed relevant by the arbitration panel may be re-
ceived into evidence.
(2) The arbitrators shall have the power to ad-
minister oaths and to require by subpoenas the at-
tendance and testimony of witnesses, the production
of books, records, and other evidence relative to or
pertinent to the issues presented to them for deter-
mination.
(3) If any person refuses to obey a subpoena,
or refuses to be sworn or to testify, or if any wit-
ness, party or attorney is guilty of any contempt
while in attendance at any hearing, the arbitration
panel shall invoke the aid of the district court of the
United States within the jurisdiction in which the
hearing is being held. Such court shall issue an ap-
propriate order.
(c) RECORD AND TRANSCRIPTS; DECISION.—
(1) A record of the proceedings shall be kept,
and the chair shall arrange for the necessary record-
ing service. Transcripts may be ordered at the ex-
pense of the party ordering them, but the transcripts
shall not be necessary for an award by the panel.
The hearing may be continued at the discretion of
the panel, but shall be concluded within 30 days
after the time of commencement. At the conclusion
of the hearing, each party shall submit a written
statement containing its final position with respect
to each of the issues in dispute to the panel, which
shall take such statements under advisement.
(2) Within 10 days after conclusion of the hear-
ing, a majority of the panel shall issue a statement
of its findings and conclusions and shall give written
notice of the panel’s decision of the issue or issues
at impasse. The decision of the panel shall be final
and binding upon the parties and upon the appro-
priate legislative body.
(d) AWARDS; ENFORCEMENT.—Any award of the ar-
bitration panel may be retroactive to the expiration date
of the last contract. If an employer or an exclusive rep-
resentative willfully disobeys a lawful decision of the arbi-
tration panel or willfully encourages or offers resistance
to such order, the other party may seek enforcement of
the order in the district court of the United States within
the jurisdiction in which the hearing is held.
(e) ARBITRATION COSTS.—The costs of arbitration
shall be shared equally by the parties, including any inter-
venor.
SEC. 209. STRIKES AND FIREFIGHTERS AND PUBLIC SAFE-
TY OFFICERS.
No firefighter or public safety officer or exclusive rep-
resentative thereof shall engage in a strike or induce, en-
courage or condone any strike, work stoppage, slowdown,
or withholding of service by fire fighters or public safety
officers.
SEC. 210. UNLAWFUL ACTS.
(a) It shall be unlawful for an employer to—
(B) denied or terminated for reasons other
than the failure of the employee to tender the
dues, fees, and assessments uniformly required
as a condition of acquiring or retaining mem-
bership;
(4) deny to any employee organization the
rights guaranteed to it by this Act;
(5) refuse to bargain in good faith with an ex-
clusive representative if requested to do so; or
(6) fail to comply with any provision of this
Act.
(b) It shall be unlawful for—
(1) an employee organization to restrain or co-
erce any employee in the exercise of the rights guar-
anteed to him or her by this Act: Provided, That
this subsection shall not impair the right of an em-
ployee organization to prescribe its own rules with
respect to the acquisition or retention of membership
therein;
(2) an employee organization to restrain or co-
erce an employer in the selection of its representa-
tive for the purpose of collective bargaining or the
adjustment of grievances; or
(3) an exclusive representative to refuse or fail
to bargain in good faith with an employer if re-
quested to do so.
SEC. 211. PREVENTION OF UNLAWFUL ACTS.
(a) The Commission is empowered, as hereinafter
provided, to prevent any person from engaging in any un-
lawful act as defined in section 10 of this Act. 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.
(b) Whenever it is charged that any person has en-
gaged in or is engaging in any such unlawful act, the Com-
mission or any agent or agency designated by the Commis-
sion for such purpose, shall have the 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 Commission 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 com-
plaint: Provided, That no complaint shall issue based upon
any unlawful act occurring more than 6 months prior to
the filing of the charge with the Commission and the serv-
ice of a copy thereof upon the person against whom such
charge is made, unless the person aggrieved thereby was
prevented from filing such a charge by reason of service
in the Armed Forces, in which event the 6-month period
shall be computed from the date of his or her discharge.
Any such complaint may be amended by the member,
agent, or agency conducting the hearing or the Commis-
sion in its discretion at any time prior to the issuance of
an order based thereon: Provided further, That the person
complained of is not unfairly prejudiced by such amend-
ment. 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 time and place fixed in the complaint. In the discre-
tion of the member, agent, or agency conducting the hear-
ing or the Commission, any other person may be allowed
to intervene in the said proceeding and to present testi-
mony. Any such proceeding shall, so far as practicable,
be conducted in accordance with the provisions of sub-
chapter II of chapter 5 of title 5, United States Code: Pro-
vided further, That the rules of evidence, whether statu-
tory, common law, or adopted by rules of court, shall not
be controlling.
(c) The testimony taken by such member, agent, or
agency of the Commission shall be reduced to writing and
filed with the Commission. Thereafter, in its discretion,
the Commission, upon notice, may take further testimony
or hear argument. If upon the preponderance of the testi-
mony taken, the Commission shall be of the opinion that
any person named in the complaint has engaged in or is
engaging in any such unlawful act, then the Commission
shall state its findings of fact and shall issue and cause
to be served upon such person, an order requiring such
person to cease and desist from such unlawful act, and
to take such affirmative action as will effectuate the pur-
pose and policy of this Act, including the payment of dam-
ages and/or the reinstatement of employees: Provided,
That where an order directs reinstatement of an employee,
back pay may be required of the employer and/or the em-
ployee organization, as the case may be, responsible for
the discrimination suffered by him or her. 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 Commission shall not be of the opinion that the person
named in the complaint has engaged in or is engaging in
any such unlawful act, then the Commission shall state
its findings of fact and shall issue an order dismissing the
said complaint. No order of the Commission shall require
the reinstatement of any individual as an employee who
has been suspended or discharged, or the payment to him
or her of any back pay, if such individual was suspended
or discharged for cause. In case the evidence is presented
before a member of the Commission, or before an agent
or agency thereof, as the case may be, shall issue and
cause to be served upon the parties to the proceeding a
proposed report, together with a recommended order,
which shall be filed with the Commission and if no excep-
tions are filed within twenty days after service thereof
upon such parties, or with such further period as the Com-
mission may authorize, such recommended order shall be-
come the order of the Commission and become effective
as therein prescribed.
(d) If exceptions are filed to the proposed report and
recommended order, the Commission shall determine
whether such exceptions raise substantial issues of fact or
law. If it determines that the exceptions do raise such is-
sues, it shall grant a review. If the Commission determines
that the exceptions do not raise such issues, it shall refuse
to grant a review, and such recommended order shall be-
come the order of the Commission, and become effective
as therein provided.
(e) Until the record in a case shall have been filed
in a court, as hereinafter provided, the Commission 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.
(f) The Commission or the charging party shall have
power to petition any court of appeals of the United States
in the circuit, wherein the unlawful act in question oc-
curred or wherein the person named in the complaint re-
sides 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 proceed-
ings, as provided in section 2112 of title 28, United States
Code. Upon the filing of such petition, the court shall
cause notice thereof to be served upon such person, and
thereupon shall 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 set-
ting aside in whole or in part the order of the Commission.
No objection that has not been urged before the Commis-
sion, or its member, agent, or agency, shall be considered
by the court, unless the failure of neglect to urge such
objection shall be excused because of extraordinary cir-
cumstances. The findings of the Commission with respect
to questions of fact, if supported by substantial evidence
on the record considered as a whole shall be conclusive.
If any person 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 ad-
duce such evidence in the hearing before the Commission,
or its member, agent, or agency, the court may order such
additional evidence to be taken before the Commission, or
its member, agent, or agency, and to be made a part of
the record. The Commission 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 set-
ting aside of its original order. Upon the filing of the
record with it, the jurisdiction of the court shall be exclu-
sive and its judgment and decree shall be final, except that
the same shall be subject to review by the Supreme Court
of the United States upon writ of certiorari or certification
as provided in section 1254 of title 28, United States
Code.
(g) Any person aggrieved by a final order of the Com-
mission granting or denying, in whole or in part, the relief
sought may obtain a review of such order in any circuit
court of appeals of the United States in the circuit wherein
the unlawful act in question was alleged to have occurred
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 court within 60 days, a written
petition praying that the order of the Commission be
modified or set aside. A copy of such petition shall be
forthwith transmitted by the clerk of the court to the Com-
mission, and thereupon the aggrieved person shall file in
the court the record of the proceeding, certified by the
Commission, as provided in section 2112 of title 28,
United States Code. Upon the filing of such petition, the
court shall proceed in the same manner as in the case of
an application by the Commission under subsection (e) of
this section, and shall have the same jurisdiction to grant
to the Commission 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 enforc-
ing as so modified, or setting aside, in whole or in part,
the order of the Commission. The findings of the Commis-
sion with respect to questions of fact, if supported by sub-
stantial evidence on the record considered as a whole, shall
in like manner be conclusive.
(h) In any proceeding for enforcement or review of
a Commission order held pursuant to this section, evidence
adduced during a representation proceeding held pursuant
to section 6 of the Act shall not be included in the record
required to be filed under section 11(f) and (g) of the Act,
nor shall the court consider the record of such proceeding.
(i) The commencement of proceedings under sub-
section (e) or (f) of this section shall not, unless specifi-
cally ordered by the court, operate as a stay of the Com-
mission’s order.
(j) When granting temporary relief or restraining
order, or making and entering a decree enforcing, modify-
ing, and enforcing as so modified, or setting aside in whole
or in part, an order of the Commission, as provided in
this section, the jurisdiction of courts sitting in equity
shall not be limited by the provisions of section 20 of the
Act entitled ‘‘An Act to supplement existing laws against
unlawful restraints and monopolies and for other pur-
poses’’, approved October 15, 1914, as amended (29
U.S.C. 52), or the provisions of the Act entitled ‘‘An Act
to amend the Judicial Code and to define and limit the
jurisdiction of courts sitting in equity, and for other pur-
poses’’, approved March 23, 1932 (29 U.S.C. 101–115).
(k) Petitions filed under this Act shall be heard expe-
ditiously, and if possible within 10 days after they have
been docketed.
(l) The Commission 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 unlawful act as defined in section 10 of this Act,
to petition any district court of the United States (includ-
ing the District Court of the United States for the District
of Columbia), within any district wherein the unlawful act
in question is alleged to have occurred or wherein such
person resides or transacts business, for appropriate tem-
porary 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 juris-
diction to grant to the Commission such temporary relief
or restraining order as it deems just and proper.
(m)(1) For the purpose of all hearings and investiga-
tions which the Commission determines are necessary and
proper for the exercise of its powers under this Act, the
Commission or its duly authorized agent or agency 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
Commission, or any member thereof, shall upon applica-
tion of any party to such proceeding, forthwith issue to
such party subpoenas requiring the attendance and testi-
mony of witnesses or the production of any evidence in
such proceeding or investigation requested in such applica-
tion. Within 5 days after the service of a subpoena upon
any person requiring the production of any evidence in his
or her possession or under his or her control, such person
may petition the Commission to revoke, and the Commis-
sion shall revoke, such subpoena if in its opinion the evi-
dence whose production is required does not relate to any
matter under investigation, or any matter in question in
such proceeding, or if in its opinion such subpoena does
not describe with sufficient particularity the evidence
whose production is required. Any member of the Commis-
sion, or any agent or agency designated by the Commis-
sion for such purposes, may administer oaths and affirma-
tions, examine witnesses, and receive evidence. Such at-
tendance of witnesses and the production of such evidence
may be required from any place in any State, territory,
or possession of the United States, at any designated place
of hearing.
(2) In case of contumacy or refusal to obey a sub-
poena issued to any person, any district court of the Unit-
ed States, including the District Court of the United
States for the District of Columbia, or the United States
courts of any territory or possession, within the jurisdic-
tion of which the inquiry is carried on or within the juris-
diction of which said person guilty of contumacy or refusal
to obey is found or resides or transacts business, upon
application by the Commission shall have jurisdiction to
issue to such person an order requiring such person to
appear before the Commission, 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 there-
of.
(3) Nor person shall be excused from attending and
testifying or from producing books, records, correspond-
ence, documents, or other evidence in obedience to sub-
poena of the Commission, on the ground that the testi-
mony or evidence required of him or her may tend to in-
criminate him or her or subject him or her to a penalty
of forfeiture; but no individual shall be prosecuted or sub-
jected to any penalty or forfeiture for or on account of
any transaction, matter, or thing concerning which he or
she is compelled, after having claimed his or her privilege
against self-incrimination, to testify or produce evidence,
except that such individual so testifying shall not be ex-
empt from prosecution and punishment for perjury com-
mitted in so testifying.
(4) Complaints, orders, and other process and papers
of the Commission, its member, agent, or agency, may be
served either personally, by registered mail, by telegraph,
or by leaving a copy thereof at a the principal office or
place of business of the person required to be served. The
verified return by the individual so serving the same set-
ting forth the manner of such service shall be proof of
the same, and the return post office receipt or telegraph
receipt therefor when registered and mailed or telegraphed
as aforesaid shall be proof of service of the same. Wit-
nesses summoned before the Commission, its members,
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 be entitled to the same fees as are
paid for like services in the courts of the United States.
(5) All process of any court to which application may
be made under this Act may be served in the judicial dis-
trict wherein the defendant or other person required to
be served resides or may be found.
(6) Any person who shall willfully resist, prevent, im-
pede, or interfere with any member of the Commission of
a member, agent, or agency thereof in the performance
of duties pursuant to this Act shall be punished by a fine
of not more than $5,000 or by imprisonment for not more
than one year, or both.
SEC. 212. APPLICABILITY OF THIS ACT.
Nothing in this law shall preclude or limit any State
from adopting rules by law or regulation that give employ-
ees additional rights than those required by this Act.
SEC. 213. MISCELLANEOUS.
(a) Except as otherwise expressly provided herein,
nothing in this Act shall be construed to annul, modify,
or preclude the renewal or continuation of any lawful
agreement entered into prior to the effective date of this
Act between an employer and an employee organization
covering terms and conditions of employment and other
matters of mutual concern relating thereto.
(b) All laws or parts of laws of the United States
inconsistent with the provisions of this Act are modified
or repealed as necessary to remove such inconsistency, and
this Act shall take precedence over all ordinances, rules,
regulations, or other enactments of any State, territory,
or possession of the United States or any political subdivi-
sion thereof. Except as otherwise expressly provided here-
in, nothing contained in this Act shall be construed to
deny or otherwise abridge any rights, privileges, or bene-
fits granted by law to employees.
(c) If any provision of this Act shall be held invalid,
other provisions of this Act shall not be affected thereby.
SEC. 214. EFFECTIVE DATE.
The Act shall take effect 120 days following its enact-
ment.
TITLE 
III—GENERAL 
PROVI-
SIONS REGARDING PENSION
PLANS
SEC. 301. REQUIREMENTS RELATING TO TRUSTEESHIP OF
SINGLE-EMPLOYER PLANS.
(a) IN GENERAL.—Section 403(a) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1103(a)) is amended—
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2)(A) The assets of a single-employer plan
shall be held in trust by a joint board of trustees,
which shall consist of 2 or more trustees represent-
ing on an equal basis the interests of the employer
or employers maintaining the plan and the interests
of the participants and their beneficiaries.
‘‘(B)(i) Except as provided in clause (ii), in any
case in which the plan is maintained pursuant to one
or more collective bargaining agreements between
one or more employee organizations and one or more
employers, the trustees representing the interests of
the participants and their beneficiaries shall be des-
ignated by such employee organizations.
‘‘(ii) Clause (i) shall not apply with respect to
a plan described in such clause if the employee orga-
nization (or all employee organizations, if more than
one) referred to in such clause file with the Sec-
retary, in such form and manner as shall be pre-
scribed in regulations of the Secretary, a written
waiver of their rights under clause (i).
‘‘(iii) In any case in which clause (i) does not
apply with respect to a single-employer plan because
the plan is not described in clause (i) or because of
a waiver filed pursuant to clause (ii), the trustee or
trustees representing the interests of the partici-
pants and their beneficiaries shall consist of 1 or
more participants under the plan elected to serve as
such in accordance with this clause. The Secretary
shall provide by regulation for a secret ballot of the
participants under the plan for the purposes of such
election, and for certification of the results thereof
to the participants (and any employee organization
referred to in clause (ii)) and to the employer.’’.
SEC. 302. EFFECTIVE DATE.
The amendments made by section 1 shall apply with
respect to plan years beginning after 180 days after the
date of the enactment of this Act. The Secretary of Labor
shall prescribe the initial regulations necessary to carry
out the provisions of such amendments not later than 90
days after the date of the enactment of this Act.
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