I
105TH CONGRESS
1ST SESSION
H. R. 2012
To amend the National Labor Relations Act, to establish the National Public
Employment Relations Commission, and to amend title I of the Employ-
ment Retirement Income Security Act of 1974 to provide for joint trust-
eeship of single-employer pension plans.
IN THE HOUSE OF REPRESENTATIVES
JUNE 23, 1997
Mr. SANDERS introduced the following bill; which was referred to the
Committee on Education and the Workforce
A BILL
To amend the National Labor Relations Act, to establish
the National Public Employment Relations Commission,
and to amend title I of the Employment Retirement
Income Security Act of 1974 to provide for joint trustee-
ship of single-employer pension plans.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Workplace Democracy Act of 1997’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
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Sec. 1. Short title and table of contents.
Sec. 2. Declaration of purpose and policy.
Sec. 3. Application of Act.
TITLE I—GENERAL PROVISIONS REGARDING RIGHTS OF EM-
PLOYEES AND ENFORCEMENT AUTHORITY OF THE NATIONAL
LABOR RELATIONS BOARD
Sec. 101. Right to first contract.
Sec. 102. Strikes, boycotts, and hot cargo agreements.
Sec. 103. Treatment of guards.
Sec. 104. Card recognition for collective bargaining units.
Sec. 105. Enforcement and authority of National Labor Relations Board.
Sec. 106. Repealing prohibition authority.
TITLE II—GENERAL PROVISIONS REGARDING RIGHTS OF EM-
PLOYEES AND ENFORCEMENT AUTHORITY FOR THE NATIONAL
LABOR RELATIONS BOARD
Sec. 201. Definitions.
Sec. 202. National Public Employment Relations Commission.
Sec. 203. Rights of employees and employee organizations.
Sec. 204. Representatives and collective-bargaining units.
Sec. 205. Impasse in collective bargaining over the terms and conditions of em-
ployment and other matters of mutual concern relating thereto.
Sec. 206. Disputes over the interpretation or application of agreements.
Sec. 207. Strikes.
Sec. 208. Impasse procedures for firefighters and public safety officers.
Sec. 209. Strikes and firefighters and public safety officers.
Sec. 210. Unlawful acts.
Sec. 211. Prevention of unlawful acts.
Sec. 212. Applicability of this Act.
Sec. 213. Miscellaneous.
Sec. 214. Effective date.
TITLE III—GENERAL PROVISIONS REGARDING PENSION PLANS
Sec. 301. Requirements relating to trusteeship of single-employer plans.
Sec. 302. Effective date.
SEC. 2. DECLARATION OF PURPOSE AND POLICY.
(a) STATUTORY PROTECTION.—Experience in both
private and public employment indicates that the statutory
protection of the right of employees to organize and bar-
gain collectively safeguards the public interest and pro-
motes economic stability and prosperity. Such protection
facilitates and encourages the amicable settlement of dis-
putes between employees and their employers involving the
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terms and conditions of employment and other matters of
mutual concern.
(b) RESTORE INTENT.—It is the purpose of this Act
to amend the National Labor Relations Act, the law which
governs the rights of workers to organize and to bargain
collectively, to reestablish its original intent, to give work-
ers the power to protect their interests in the workplace,
restore democracy, and promote the free and unobstructed
flow of commerce.
(c) PUBLIC EMPLOYMENT.—This Act prescribes cer-
tain rights and obligations of the employees of the States,
territories and possessions of the United States, and the
political subdivisions thereof, to establish procedures gov-
erning the relationship between such employees and their
employers which are designed to meet the special require-
ments and needs of public employment.
SEC. 3. APPLICATION OF ACT.
The provisions of the National Labor Relations Act
shall apply to United States companies and their subsidi-
aries operating in any country that is a signatory to a
Free Trade Agreement. Workers of such companies and
subsidiaries shall have the right to file unfair labor prac-
tice complaints against the United States parent company
under this Act and under the laws of the signatory coun-
try.
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TITLE I—GENERAL PROVISIONS
REGARDING RIGHTS OF EM-
PLOYEES AND ENFORCEMENT
AUTHORITY 
OF 
THE 
NA-
TIONAL 
LABOR 
RELATIONS
BOARD
SEC. 101. RIGHT TO FIRST CONTRACT.
Section 8(d) of the National Labor Relations Act (29
U.S.C. 158) is amended by inserting the following after
the word ‘‘Provided,’’ the first time it appears:
‘‘If not later than 45 days after certification, a collec-
tive bargaining agreement has not been reached, the union
shall have the option of sending the contract dispute to
compulsory and binding arbitration.’’.
SEC. 102. STRIKES, BOYCOTTS, AND HOT CARGO AGREE-
MENTS.
Section 8(b)(4) and subsection (e) of the National
Labor Relations Act are repealed.
SEC. 103. TREATMENT OF GUARDS.
Section 9(b) of the National Labor Relations Act is
repealed.
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SEC. 104. CARD RECOGNITION FOR COLLECTIVE BARGAIN-
ING UNITS.
Section 9 of the National Labor Relations Act is
amended by inserting at the end the following new sub-
sections:
‘‘(f) The National Labor Relations Board shall pro-
mulgate rules which plainly define the characteristics of
employee units appropriate for collective bargaining
groups. Appropriate unit includes groups of employees (of
an employer) who have a community of interests that
should be included in the same collective bargaining unit.
‘‘(g) The National Labor Relations Board, upon re-
ceipt of a majority of signed union recognition cards of
employees in an appropriate bargaining unit (as deter-
mined by the workers themselves within the guidelines es-
tablished by the Board as specified in subsection (f)) shall
certify such labor organizations as the exclusive represent-
atives of all the employees in such unit for the purposes
of collective bargaining and mutual aid.’’.
SEC. 105. ENFORCEMENT AND AUTHORITY OF NATIONAL
LABOR RELATIONS BOARD.
(a) Section 10(c) of the National Labor Relations Act
is amended by—
(1) inserting ‘‘(1)’’ after ‘‘(e)’’;
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(2) striking out the fifth sentence of paragraph
(1) (as redesignated by this section) and inserting in
lieu thereof the following:
‘‘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, or has willfully violated or
is willfully violating a final order as specified in subsection
(b) of this section, then the Board shall state its findings
of fact and shall issue an order dismissing the said com-
plaint.’’;
(3) by adding at the end thereof the following
new paragraph:
‘‘(2) If upon the preponderance of testimony taken
the Board shall be of the opinion that the allegation in
the complaint that a person has willfully violated or is will-
fully violating a final order as specified in subsection (b)
of this section has been sustained, then the Board shall
state its findings of fact and shall issue and cause to be
served on such person an order certifying the identifica-
tion of that person to the Secretary of Labor. Notwith-
standing any other law, unless the Secretary of Labor de-
termines that because of unusual circumstances the na-
tional interest requires otherwise, the Secretary shall cer-
tify the identity of such person to the Comptroller General.
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The Comptroller General shall distribute a list to all agen-
cies of the United States containing the names of persons
certified by the Secretary of Labor pursuant to this sub-
section. Unless the agency of the United States concerned,
after notice and opportunity for hearing to all interested
parties, certifies to the Secretary of Labor that there is
no other source of material or services furnished by the
person affected by the Board order, no contracts shall be
awarded to such person for a reasonable, definitely stated
period of time commensurate with the seriousness of the
violation, as determined by the Secretary of Labor, but
such period shall not exceed three years. A debarment may
be removed or the period may be reduced by the Secretary
of Labor upon the submission of an application, supported
by documentary evidence, setting forth appropriate
grounds for the granting of relief, including without limi-
tation compliance with the final order found to have been
willfully violated, bona fide change of ownership or man-
agement, a fraud or misrepresentation of the charging
party: Provided, That this subparagraph shall restrict the
award of contracts solely to the products or service per-
formed at the particular facility or facilities where the will-
ful violation occurs or of the business entity legally respon-
sible for the willful violation or to the local, intermediate,
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national or international labor organization legally respon-
sible for the willful violation.’’
(b) ADDITIONAL REMEDIES.—The third sentence of
section 10(c) of the National Labor Relations Act is
amended—
(1) by striking ‘‘and’’ immediately before ‘‘to
take such affirmative action’’; and
(2) by inserting after ‘‘with or without back
pay’’ the following: ‘‘and including making employ-
ees whole for the loss of economic benefits resulting
from a violation of section 8(a)(5) and to provide
such other remedial relief’’.
(c) INJUNCTIVE RELIEF AND DAMAGES.—Section 10
of the National Labor Relations Act is amended by adding
at the end the following subsection:
‘‘(n) Notwithstanding the provisions of subsection (j),
the National Labor Relations Board shall use the injunc-
tion power provided under such subsection whenever the
Board determines that an employer has engaged in a will-
ful violation of the unfair labor practice provisions under
section 8.
‘‘(o) The National Labor Relations Board will assess
civil money penalties of not less than $10,000 against em-
ployers for each willful violation of the Act.
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‘‘(p) Upon issuance of a complaint which alleges an
unfair labor practice under section 8 of the National
Labor Relations Act, an employer shall reinstate a dis-
charged employee pending adjudication and final review
of such complaint.’’.
(d) TREBLE DAMAGES.—Section 303 of the Manage-
ment Relations Act of 1947 is amended by adding at the
end the following new subsection:
‘‘(c) Any person who suffers financial injury by rea-
son of any violation of section 8(a)(3) of the National
Labor Relations Act may bring an action in any district
court of the United States in the district in which the de-
fendant resides or is found or has an agent, without re-
spect to the amount in controversy, and shall recover an
amount equal to 300 percent of the damages sustained
by him, and the cost of the action, including reasonable
attorneys’ fees. A final judgment or decree rendered by
the Board to the effect that a defendant has violated sec-
tion 8(a)(3) shall be prima facie evidence against such de-
fendant in any action brought by any person under this
subsection.’’.
SEC. 106. REPEALING PROHIBITION AUTHORITY.
Subsection (b) of section 14 of the National Labor
Relations Act is repealed.
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TITLE II—GENERAL PROVISIONS
REGARDING RIGHTS OF EM-
PLOYEES AND ENFORCEMENT
AUTHORITY 
FOR 
THE 
NA-
TIONAL 
LABOR 
RELATIONS
BOARD
SEC. 201. DEFINITIONS.
As used in this Act—
(1) The term ‘‘person’’ includes one or more in-
dividuals, organizations, unions, associations, part-
nerships, corporations, boards, committees, commis-
sions, agencies, or other entity, or their representa-
tives.
(2) The term ‘‘employer’’ includes any State,
territory, or possession of the United States, or any
political subdivision thereof, including, without limi-
tation, any town, city, county, borough, district,
school board, board of regents, social service or wel-
fare agency, public or quasi-public corporations,
housing authority or other entity which is tax sup-
ported, and any person acting as an agent thereof.
(3) The term ‘‘employee’’ includes any person
employed by an employer, whether or not in the clas-
sified service of the employer, except the chief execu-
tive officer of the employer and other officers of the
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employer appointed or elected pursuant to statute to
policymaking positions. The term shall not be lim-
ited to the employees of a particular employer, and
shall include any person whose work has ceased as
a consequence of, or in connection with, any unlaw-
ful act as defined in section 210 of this Act.
(4) The term ‘‘employee organization’’ includes
any organization, union, association, committee,
council, or group of any kind in which employees
participate, and which exists for the purpose, in
whole or in part, of bargaining collectively with em-
ployers over the terms and conditions of employment
and other matters of mutual concerns relating there-
to.
(5) The term ‘‘exclusive representative’’ in-
cludes any employee organization which has been—
(A) selected or designated pursuant to the
provisions of section 204 of this Act as the rep-
resentative of the employees in an appropriate
collective bargaining unit; or
(B) recognized by an employer prior to the
effective date of this Act as the exclusive rep-
resentative of the employees in an appropriate
collective bargaining unit.
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(6) The term ‘‘supervisor’’ includes any em-
ployee having authority in the interest of an em-
ployer to hire, direct, assign, promote, reward, trans-
fer, layoff, recall, suspend, discipline, or discharge
other employees, or to adjust their grievances, or to
effectively recommend such action if in connection
with the foregoing the exercise of such authority is
not merely routine or clerical in nature but calls for
the consistent exercise of independent judgment:
Provided, That with respect to firefighters, the term
‘‘supervisor’’ shall include only those employees who
perform a preponderance of the above-specified acts
of authority.
(7) The term ‘‘professional’’ includes any em-
ployee whose work—
(A) is predominantly intellectual and var-
ied in character;
(B) requires the consistent exercise of
independent judgment;
(C) requires knowledge of an advanced na-
ture in a field of learning customarily acquired
by specialized study in an institution of higher
education or its equivalent; and
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(D) is of such character that the output or
result accomplished cannot be standardized in
relation to a given period of time.
(8) The term ‘‘public safety officer’’ includes
any employee engaged in—
(A) the enforcement of the criminal laws,
including highway patrol;
(B) a correctional program, facility, or in-
stitution where the activity is potentially dan-
gerous because of contact with criminal sus-
pects, defendants, prisoners, probationers, or
parolees; or
(C) a court having criminal or juvenile de-
linquent jurisdiction where the activity is poten-
tially dangerous because of contact with crimi-
nal suspects, defendants, prisoners, probation-
ers, or parolees.
(9) The term ‘‘firefighter’’ includes any em-
ployee engaged in the performance of work directly
connected with the control and extinguishment of
fires or the maintenance and use of firefighting ap-
paratus and equipment.
(10) The term ‘‘educational employee’’ includes
any employee of a school system, college or univer-
sity who—
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(A) has regular contact with students;
(B) participates in the development, imple-
mentation, or evaluation of an educational pro-
gram; or
(C) is otherwise involved in the educational
process.
(11) The term ‘‘Commission’’ means the Na-
tional Public Employment Relations Commission es-
tablished by section 202 of this Act.
(12) The term ‘‘Service’’ means the Federal
Mediation and Conciliation Service established by
section 172 of chapter 29, United States Code.
(13) The term ‘‘collective bargaining’’ or ‘‘bar-
gaining’’ means the performance of the mutual obli-
gation of the representatives of the employer and the
exclusive representative to meet at reasonable times,
in light of the budgetmaking process and other rel-
evant factors, and to confer, consult, and bargain in
a good faith effort to reach agreement with respect
to the terms and conditions of employment and
other matters of mutual concern relating thereto,
and to execute, if requested by either party, a writ-
ten document incorporating any agreements reached,
but such obligation does not compel either party to
agree to a proposal or to make a concession. The
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duty to negotiate shall extend to matters which are
or may be the subject of a statute, ordinance, regu-
lation, or other enactment by a State, territory, or
possession of the United States, or a political sub-
division thereof, and if legislative action is necessary
to implement any agreement reached, shall include
the obligation of the employer to submit such agree-
ment to the appropriate governmental body for ac-
tion.
(14) The term ‘‘labor dispute’’ means any con-
troversy concerning terms and conditions of employ-
ment or other matters of mutual concerns relating
thereto, or concerning the representation of employ-
ees for the purpose of collective bargaining, regard-
less of whether the disputants stand in the proxi-
mate relation of employer and employee.
(15) In determining whether any person is act-
ing as an ‘‘agent’’ of another person so as to make
such other person responsible for his acts, the ques-
tion of whether the specific acts performed were ac-
tually authorized or subsequently ratified shall not
be controlling.
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SEC. 202. NATIONAL PUBLIC EMPLOYMENT RELATIONS
COMMISSION.
(a) There is hereby created the ‘‘National Public Em-
ployment Relations Commission’’, which shall consist of
five members who shall be appointed by the President by
and with the advice and consent of the Senate. One of
the original members shall be appointed for a term of one
year, one for a term of two years, one for a term of three
years, one for a term of four years, and one for a term
of five years. Their successors shall be appointed for terms
of five years each, except that any person chosen to fill
a vacancy shall be appointed only for the unexpired term
of the member whom he/she succeeds. Commission mem-
bers shall be eligible for reappointment. The President
shall designate one member to serve as Chair of the Com-
mission. Any member of the Commission may be removed
by the President, upon notice and hearing, for neglect of
duty or malfeasance in office, but for no other cause.
(b) A vacancy in the Commission shall not impair the
right of the remaining members to exercise all the powers
of the Commission, and three members of the Commission
shall, at all times, constitute a quorum. The Commission
shall have an official seal which shall be judicially noticed.
(c) Members of the Commission shall not engage in
any other business, vocation, or employment. The Com-
mission shall appoint an Executive Director and may ap-
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point State or regional directors, attorneys, and such other
persons as it may from time to time find necessary for
the proper performance of its functions and as may from
time to time be appropriated for by the Congress. Attor-
neys appointed under this section may, at the direction
of the Commission, appear for and represent the Commis-
sion in any case in court.
(d) There shall be a General Counsel of the Commis-
sion who shall be appointed by the President, by and with
the advice and consent of the Senate, for a term of five
years. The General Counsel shall be authorized to inves-
tigate alleged violations of the Act, to file and prosecute
complaints filed under the Act, and to exercise such other
powers as the Commission may prescribe. If a vacancy oc-
curs in the Office of General Counsel, the President shall
promptly designate an Acting General Counsel, and shall
submit a nomination for a replacement to Congress within
forty days after the vacancy has occurred, unless Congress
shall have adjourned before the expiration of said forty-
day period, in which event the President shall submit a
nomination not later than ten days after Congress recon-
venes.
(e) All of the expenses of the Commission, including
all necessary traveling and subsistence expenses outside
the District of Columbia incurred by the members, em-
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ployees, or agents of the Commission under it orders, shall
be allowed and paid on the presentation of itemized vouch-
ers therefor approved by the Commission or by any indi-
vidual it designates for that purpose.
(f) The principal office of the Commission shall be
in the District of Columbia, but it may meet and exercise
any or all of its powers at any other place, and may estab-
lish and operate State and regional offices. The Commis-
sion may, by one or more of its members or by such agents
or agencies as it may designate, prosecute any inquiry nec-
essary to its functions in any part of the United States.
Members who participate in such an inquiry shall not be
disqualified from subsequently participating in a decision
of the Commission in the same case.
(g) The Commission is authorized to issue, amend,
and rescind, in the manner prescribed by subchapter II
of chapter 5 of title 5, United States Code, such rules and
regulations as may be necessary to carry out the provi-
sions of this Act and is expressly empowered and directed
to prevent any person from engaging in conduct in viola-
tion of this Act. In order to carry out its functions under
this Act, the Commission is authorized to hold hearings,
subpoena witnesses, administer oaths and take the testi-
mony or deposition of any person under oath, and in con-
nection therewith, to issue subpoenas requiring the pro-
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duction and examination of any books or papers, including
those of the Federal Government or any employer, relating
to any matter pending before it and to take such other
action as may be necessary.
(h)(1) Section 5314 of title 5, United States Code,
is amended by adding at the end thereof the following new
paragraph:
‘‘(54) Chair, National Public Employment Rela-
tions Commission.’’.
(2) Section 5315 of title 5, United States Code, is
amended by adding at the end thereof the following new
paragraph:
‘‘(92) Members, National Public Employment
Relations Commission.’’.
SEC. 203. RIGHTS OF EMPLOYEES AND EMPLOYEE ORGANI-
ZATIONS.
(a) Employees shall have the right to form, join, or
assist employee organizations, to participate in collective
bargaining with employers through representatives of their
own choosing and to engage in other activities, individually
or in concert, for the purpose of establishing, maintaining,
or improving terms and conditions of employment and
other matters of mutual concern relating thereto.
(b) Employee organizations shall have—
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(1) access at reasonable times to areas in which
employees work, the right to use the employer’s bul-
letin boards, mailboxes, and other communication
media, subject to reasonable regulation, and the
right to use the employer’s facilities at reasonable
times for the purpose of meetings concerned with
the exercise of the rights guaranteed by this Act:
Provided, That if an exclusive representative has
been recognized, an employer shall deny such access
and usage to any employee organization other than
such representative until such time as a lawful and
timely challenge to the majority status of the rep-
resentative is raised pursuant to the provisions of
section 6 of this Act; and
(2) the right to have deducted from the salary
of employees, upon receipt of an appropriate author-
ization form which shall not be irrevocable for a pe-
riod of more than one year, an amount equal to the
fees and dues required for membership: Provided,
That if an exclusive representative has been recog-
nized, an employer shall deny such deduction to any
employee organization other than such representa-
tive.
(c) If an exclusive representative has been recognized
for the employees in an appropriate collective bargaining
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unit, each employee in such a unit who is not a member
of the recognized organization shall be required, as condi-
tion of continued employment, to pay to such organization
for the period that it is the exclusive representative, an
amount equal to the dues, fees, and assessments that a
member is charged. Such payments shall be made in ac-
cordance with rules and regulations prescribed for such
purpose by the Commission.
SEC. 204. REPRESENTATIVES AND COLLECTIVE-BARGAIN-
ING UNITS.
(a) The employee organization designated or selected
for the purpose of collective bargaining by the majority
of the employees in an appropriate collective-bargaining
unit shall be the exclusive representative of all the employ-
ees in such a unit for such purpose, and an employer shall
not bargain in regard to matters covered by this Act with
any employee, group of employees, or other employee orga-
nization: Provided, That nothing contained in this sub-
section shall prevent employees, individually or as a group,
from presenting complaints informally to an employer, and
from having such complaints adjusted without the inter-
vention of the exclusive representative for the collective-
bargaining unit of which they are a part, as long as such
representative is given an opportunity to be present at said
adjustment and to make its views known, and as long as
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request for recognition in which a majority of the
valid ballots cast chose not to be represented by any
employee organization: Provided, That an employer
shall not grant a request for recognition filed pursu-
ant to this subsection (c)(2) below if another em-
ployee organization files with the employer a compet-
ing request for recognition within 21 days after the
posting or notice of the original request, which com-
peting request is supported by credible evidence
demonstrating that at least 10 percent of the em-
ployees in the appropriate collective-bargaining unit
desire such organization as their exclusive represent-
ative.
(c) A petition may be filed with the Commission in
accordance with rules and regulations prescribed by it for
such dealings, asking it to investigate and decide the ques-
tion of whether employees have selected or designated an
exclusive representative under subsection (a) of this sec-
tion by—
(1) an employee organization alleging that 30
percent of the employees in an appropriate collective
bargaining unit wish to be represented for the pur-
pose of collective bargaining by such organization,
which petition shall describe the grouping of jobs or
positions which constitute the unit claimed to be ap-
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propriate, shall be supported by credible evidence in
accordance with rules prescribed by the Commission
demonstrating the claimed employee support, and
shall indicate the name, address, and telephone
number of any other interested employee organiza-
tion, if known to the requesting organization. The
employer shall, at the direction of the Commission,
post a copy of such request on a bulletin board at
each facility in which members of the unit claimed
to be appropriate are employed. The request shall
remain posted for a period of 21 days from the date
on which the Commission directs that it be posted.
The Commission shall maintain a public docket of
all requests filed under this section. Such docket
shall contain a copy of the request but shall not in-
clude any accompanying evidence of support. The re-
quest shall remain on the public docket until the
case is closed;
(2) an employer alleging that it has received a
request for exclusive recognition from one or more
employee organizations; or
(3) by one or more employees in an appropriate
collective-bargaining unit asserting that the employ-
ees in an appropriate unit no longer desire a par-
ticular employee organization as their exclusive rep-
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resentative: Provided, That such petition is sup-
ported by signed statements to that effect from at
least 30 percent of the employees in the appropriate
collective-bargaining unit.
(d) Upon receipt of such a petition, the Commission
or its agents shall conduct such inquiries and investiga-
tions or hold such hearings as it shall deem necessary in
order to decide the question raised by the petition. The
Commission’s determination may be based upon the evi-
dence adduced in such inquiries, investigations, or hear-
ings as it or its agents shall make or hold or upon the
results of a secret ballot election as it shall direct and con-
duct if deemed necessary: Provided, That employee organi-
zation shall appear on a ballot unless it submits credible
evidence demonstrating that at least 10 percent of the em-
ployees in the appropriate collective bargaining unit desire
it as their exclusive representative: Provided further, That
whenever one or more additional employee organizations
has filed a timely request to intervene in the proceedings,
which request is supported by credible evidence dem-
onstrating that at least 10 percent of the employees in
the appropriate collective bargaining unit desire it as their
exclusive representative, the Commission shall direct an
election by secret ballot and shall certify the results there-
of: Provided further, That the Commission shall dismiss
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without determining the questions raised therein any peti-
tion filed pursuant to subsection (c) of this section if—
(1) the petition is filed pursuant to subsection
(c)(1) and is not supported by credible evidence
demonstrating that at least 30 percent of the em-
ployees in the collective-bargaining unit described
therein wish to be represented for the purpose of col-
lective bargaining by the organization seeking rec-
ognition;
(2) there is currently in effect a lawful written
collective-bargaining agreement between such em-
ployer and employee organization other than the pe-
titioner covering any employees included in the unit
described in the petition, unless such agreement has
been in effect for more than three years, or unless
the request for recognition if filed less than sixty
days prior to the said expiration date as the Com-
mission may determine is reasonable because of the
budget-making procedure of the employer;
(3) within the previous 12 months an employee
organization other then the petitioner, or other than
the employee organization challenged if the petition
if filed pursuant to subsection (c)(3), has been law-
fully recognized or certified as the exclusive rep-
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resentative of any employees included in the unit de-
scribed in the petition; or
(4) the Commission has, within the previous 12
months, conducted a secret ballot election involving
any employee included in the unit described in the
petition in which a majority of the valid ballot cast
chose not to be represented by any employee organi-
zation.
(e) The Commission shall certify an employee organi-
zation as the exclusive representative of the employee in
an appropriate collective-bargaining unit if—
(1) the organization receives a majority of the
valid ballots cast in an election conducted pursuant
to subsection (d) of this section;
(2) the Commission determines, as provided in
subsection (d) of this section, without an election
that the organization represents an uncoerced ma-
jority of the employees in such unit and that such
majority status was achieved without the benefit of
unlawful employer assistance as defined in section
10(a) of this Act or that the organization would rep-
resent such an uncoerced majority if the employer
had not engaged in unlawful acts as defined in sec-
tion 10(a) of this Act; or
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(3) upon request of an employee’s organization
that has been recognized by an employer pursuant
to subsection (b) of this section, the Commission is
satisfied 
that 
the 
organization 
represents 
an
uncoerced majority of employees in such unit and
that such majority status was achieved without the
benefit of unlawful employer assistance as defined in
section 10(a) of this Act.
(f) In each case where the appropriateness of the
claimed unit is in issue, the Commission shall decide the
question on the basis of the community of interest among
the public employees; wages, hours and other working con-
ditions of the public employees involved; the history of col-
lective bargaining; the efficiency of the operations and the
administrative structure of the public employer; and the
adverse effect of overfragmentation: Provided, That—
(1) except in regard to firefighters and public
safety officers, a unit shall not be considered appro-
priate if it includes both supervisors and nonsuper-
visors; in regard to firefighters, a unit that includes
both supervisors and nonsupervisors may be consid-
ered appropriate; and in regard to public safety offi-
cers, a unit that includes both supervisors and non-
supervisors may be considered appropriate if a ma-
jority of the employees in each category indicate by
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vote or other credible evidence that they desire to be
included in such unit; and
(2) a unit including both professionals and non-
professionals shall not be appropriate unless a ma-
jority of the employees in each category indicate by
vote or other credible evidence that they desire to be
included in such unit.
(g) A determination by the Commission that an em-
ployee organization has been selected as the exclusive rep-
resentative for the employees in an appropriate unit shall
not be subject to judicial review or other collateral attack.
SEC. 205. IMPASSE IN COLLECTIVE BARGAINING OVER THE
TERMS AND CONDITIONS OF EMPLOYMENT
AND OTHER MATTERS OF MUTUAL CONCERN
RELATING THERETO.
(a) Either an employer or an exclusive representative
may declare that an impasse has been reached between
them in collective bargaining over the terms and condi-
tions of employment and other matters of mutual concern
relating thereto, and may request the Service to appoint
a mediator for the purpose of assisting them in reconciling
their differences and resolving the controversy on terms
which are mutually acceptable. If the Service determines
that an impasse exists, it shall, in no event later than five
days after the receipt of a request, appoint a mediator in
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accordance with rules and regulations for such appoint-
ment prescribed by the Service. The Service may, on its
own volition, declare impasse has been reached in collec-
tive bargaining over the terms and conditions of employ-
ment and other matters of mutual concern relating thereto
and appoint a mediator. The mediator shall meet with the
parties or their representatives, or both, forthwith, either
jointly or separately, and shall take such other steps as
he or she may deem appropriate in order to persuade the
parties to resolve their differences and effect a mutually
acceptable agreement: Provided, That the mediator shall
not, without the consent of both parties, make findings
of fact or recommend terms of settlement. The services
of the mediator, including, if any, per diem expenses, shall
be provided by the Service without cost to the parties.
Nothing in this subsection shall be construed to prevent
the parties from mutually agreeing upon their own medi-
ation procedure and in the event of such agreement, the
Service shall not appoint its own mediator unless failure
to do so would be inconsistent with the effectuation of the
purpose and policy of this Act. Representatives of the em-
ployer and the exclusive representative have a mutual obli-
gation to meet for negotiations at reasonable times in light
of the budgetmaking process.
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(b)(1) If the mediator is unable to effect settlement
of the controversy within 15 days after his or her appoint-
ment, either party may, by written notification to the
other, request that their differences be submitted to fact-
finding with recommendations. Such recommendations
shall be advisory only, unless within 5 days after giving
or receiving the aforesaid written request, the exclusive
representative notifies the employer, in writing, that it de-
sires the recommendations of the fact finder to be binding.
Within 10 days after receipt of the aforesaid written re-
quest for factfinding, the parties shall select a person to
serve as fact finder and obtain a commitment from said
person to serve. If they are unable to agree upon a fact
finder or to obtain such a commitment within said time,
either party may request the Service to designate a fact
finder. The Service shall, within 5 days after receipt of
such a request, designate a fact finder in accordance with
rules and regulations for such designation prescribed by
the Service. The fact finder so designated shall not, with-
out the consent of both parties, be the same person who
was appointed mediator pursuant to subsection (a) of this
section.
(2) The fact finder shall, within 10 days after his or
her appointment, meet with the parties of their represent-
atives, or both, forthwith, either jointly or separately, and
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may make inquiries and investigations, hold hearings, and
take such other steps as he or she may deem appropriate.
For the purpose of such hearings, investigations, and in-
quiries, the fact finder shall have the power to issue sub-
poenas requiring the attendance and testimony of wit-
nesses and the production of evidence. The several depart-
ments, commissions, divisions, authorities, boards, bu-
reaus, agencies, and officers of the United States or of
the State, territory, or possession affected, or any political
subdivision thereof, shall furnish the fact finder, upon his
or her request, with all records, papers, and information
in their possession relating to any matter under investiga-
tion by or in issue before the fact finder. If the dispute
is not settled within thirty days after his or her appoint-
ment, the fact finder shall make findings of fact and rec-
ommend terms of settlement, which recommendations
shall be advisory only, unless the exclusive representative
has previously notified the employer that such rec-
ommendations are to be binding in which case they shall
be binding.
(c) If the recommendations of the fact finder are
binding—
(1) the exclusive representative shall be prohib-
ited from engaging and employees shall be prohib-
ited from participating in a strike for the purpose of
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resolving a dispute which has been submitted to the
fact finder and in regard to which he or she has rec-
ommended terms of settlement and nothing con-
tained in this Act or in any other law of the United
States shall prevent a court from granting a re-
straining order or temporary or permanent injunc-
tion in a case involving a strike for such purpose;
and
(2) the parties shall comply with the rec-
ommendations of the fact finder: Provided, That if
the employer does not have the legal authority to
comply with such recommendations or any part
thereof, it shall take such actions as may be nec-
essary to enable it to comply, including the submis-
sion of requests to appropriate legislative bodies.
(d) If the recommendations of the fact finder are ad-
visory only, they shall, together with the findings of fact,
be submitted in writing to the parties and the Service pri-
vately before they are made public. Either the Service, the
fact finder, the employer, or the exclusive representative
may make such findings and recommendations public if
the dispute is not settled within 10 days after their receipt
from the fact finder.
(e) The costs for the services of the fact finder, in-
cluding, if any, per diem expenses and actual and nec-
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essary travel and subsistence expenses, and any other mu-
tually incurred costs, shall be borne equally by the em-
ployer and the exclusive representative. Any individually
incurred costs shall be borne by the party incurring them.
(f) Nothing in this section shall be construed to pro-
hibit an employer and an exclusive representative from
agreeing to substitute their own procedure for resolving
impasse in collective bargaining for that provided herein
or from agreeing to utilize for the purposes of this section
any other governmental or other agency or person in lieu
of the Service.
SEC. 206. DISPUTES OVER THE INTERPRETATION OR AP-
PLICATION OF AGREEMENTS.
(a) An employer and an exclusive representative who
enter into an agreement covering terms and conditions of
employment and other matters of mutual concern relating
thereto may include in such agreement procedures for
binding arbitration of such disputes as may arise involving
the interpretation or application of such agreement or of
established policies or practices of such employer affecting
terms and conditions of employment and other matters of
mutual concern relating thereto.
(b) If such agreement does not include procedures of
the type provided for in subsection (a) of this section, ei-
ther party to the agreement may submit such disputes to
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binding arbitration pursuant to rules and regulations pre-
scribed for such purpose by the Commission.
(c) Where a party to such agreement is aggrieved by
the failure, neglect, or refusal of the other party to proceed
to arbitration pursuant to the procedures provided there-
for in such agreement or pursuant to subsection (b) of
this section, such aggrieved party may file a complaint in
the appropriate district court of the United States or the
appropriate court of the affected State, territory, or pos-
session of the United States for a summary action without
jury seeking an order directing that the arbitration pro-
ceed pursuant to the procedures provided therefor in such
agreement or pursuant to subsection (b) of this section.
(d) Unless the award of the arbitrator is deficient be-
cause—
(1) it was procured by corruption, fraud, or
other misconduct;
(2) of partiality of the arbitrator; or
(3) the arbitrator exceeded his or her powers or
so imperfectly executed them that a final and defi-
nite award upon the subject matter was not made,
such award shall be final and binding upon the par-
ties and may be enforced by the appropriate district
court of the United States or the appropriate court
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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-
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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.—
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(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
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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
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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
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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—
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(1) impose or threaten to impose reprisals on
any employee, discriminate, or threaten to discrimi-
nate against any employee or otherwise interfere
with, restrain, or coerce any employee because of his
or her exercise of rights guaranteed by this Act;
(2) dominate, interfere with, or assist in the
formation or administration of any employee organi-
zation;
(3) encourage or discourage membership in any
employee organization by discrimination in regard to
hire, tenure of employment, or any term or condition
of employment: Provided, That nothing contained in
this subsection shall prevent an employer from re-
quiring, as a condition of continued employment,
payment to or membership in an exclusive represent-
ative pursuant to section 5(c) and section 5(d) of
this Act, respectively: Provided further, That no em-
ployer shall justify any discrimination against any
employee for non-membership in any employee orga-
nization if he or she has reasonable grounds for be-
lieving such membership was—
(A) not available to the employee on the
same terms and conditions generally applicable
to other members; or
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(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
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(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
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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-
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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
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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.
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(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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.’’.
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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.
Æ