An Act to amend the National Labor Relations Act to extend its coverage and protection to employees of nonprofit hospitals, and for other purposes.
PL 93-360 (S.3203), enacted 07/26/1974

88 STAT. ] 
PUBLIC LAW 93-360-JULY 26, 1974 
395 
2 u s e 130(1. 
Investigation, 
report to Speaker 
of the House, 
SEC. 3. (a) A claim of the United States against a person arising oT^e°m^io°"e''^''^ 
out of an erroneous payment of any pay or allowances, other than waiver by cieVk 
travel and transportation expenses and allowances, on or after the date °^ the House. 
of enactment of this section, to an officer or employee whose pay is dis-
bursed by the Clerk of the House of Representatives, the collection 
of which would be against equity and good conscience and not in the 
best interests of the United States, may be waived in whole or in part 
by the Speaker of the House, if the claim is not the subject of an excep-
tion made by the Comptroller General in the account of any accounta-
ble officer or official. 
(b) An application for waiver of a claim shall be investigated by 
the Clerk of the House of Representatives who shall submit a written 
report of his investigation to the Speaker of the House. 
(c) The Speaker of the House may not exercise his authority under 
this section to waive any claim— 
(1) if, in his opinion, there exists, in connection with the claim, 
an indication of fraud, misrepresentation, fault, or lack of good 
faith on the part of the officer or employee or any other person 
having an interest in obtaining a waiver of the claim; or 
(2) if the application for waiver is received in his office after 
the expiration of 3 years immediately following the date on which 
the erroneous payment of pay or allowances was discovered. 
(d) In the audit and settlement of the accounts of any accountable 
officer or official, full credit shall be given for any amounts with respect 
to which collection by the United States is waived under this section. 
(e) An erroneous payment, the collection of which is waived under 
this section, is deemed a valid payment for all purposes. 
(f) This section does not affect any authority under any other law 
to litigate, settle, compromise, or waive any claim of the United States. 
(g) The Speaker of the House shall prescribe rules and regulations 
to carry out the provisions of this section. 
Approved July 25, 1974. 
Time limitation. 
Savings provi-
sion. 
Rules and 
regulations. 
Public Law 93-360 
AN ACT 
To amend the National Labor Relations Act to extend its coverage and protection 
to employees of nonprofit hospitals, and for other purposes. 
July 26, 1974 
[S.3203] 
Be it enacted by the /Senate and House of Representatives 
of the 
United /States of America in Congress assemhled, That (a) section 
2(2) of the National Labor Relations Act is amended by striking out 
"or any corporation or association operating a hospital, if no part of 
the net earnings inures to the benefit of any private shareholder or 
individual,". 
(b) Section 2 of such Act is amended by adding at the end thereof 
the following new subsection: 
"(14) The term 'health care institution' shall include any hos-
pital, convalescent hospital, health maintenance organization, 
health clinic, nursing home, extended care facility, or other in-
stitution devoted to the care of sick, infirm, or aged person.". 
(c) The last sentence of section 8(d) of such Act is amended by 
striking out the words "the sixty-day" and inserting in lieu thereof 
"any notice" and by inserting before the words "shall lose" a comma 
and the following: "or who engages in any strike within the appro-
priate period specified in subsection (g) of this section,". 
National Labor 
Relations Act, 
amendments. 
29 u s e 152. 
"Health care 
institution." 
29 u s e 158. 
Post, p. 396. 
396 
PUBLIC LAW 93-360-JULY 26, 1974 
[88 STAT. 
Notices. 
29 u s e 158. 
Notification 
preceding strikes. 
(d) (1) The last paragraph of section 8(d) of such Act is amended 
by adding at the end thereof the following new sentence: "Whenever 
the collective bargaining involves employees of a health care institu-
tion, the provisions of this section 8(d) shall be modified as follows: 
"(A) The notice of section 8(d) (1) shall be ninety days; the 
notice of section 8(d) (3) shall be sixty days; and the contract 
period of section 8(d)(4) shall be ninety days. 
"(B) Where the bargaining is for an initial agreement following 
certification or recognition, at least thirty days' notice of the exist-
ence of a dispute shall be ^iven by the labor organization to the 
agencies set forth in section 8(d)(3). 
"(C) After notice is given to the Federal Mediation and Con-
ciliation Service under either clause (A) or (B) of this sentence, 
the Service shall promptly communicate with the parties and use 
its best efforts, by mediation and conciliation, to bring them to 
agreement. The parties shall participate fully and promptly in 
such meetings as may be undertaken by the Service for the pur-
pose of aiding in a settlement of the dispute." 
(e) Section 8 of such Act is amended by adiiing at the end thereof 
the following new subsection. 
"(g) A labor organization before engaging in any strike, picketing, 
or other concerted refusal to work at any health care institution shall, 
not less than ten days prior to such action, notify the institution in 
writing and the Federal Mediation and Conciliation Service of that 
intention, except that in the case of bargaining for an initial agree-
ment following certification or recognition the notice required by this 
subsection shall not be given until the expiration of the period speci-
fied in clause (B) of the last sentence of section 8(d) of this Act. 
The notice shall state the date and time that such action will com-
mence. The notice, once given, may be extended by the written 
agreement of both parties." 
SEC. 2. Title I I of the Labor Management Relations Act, 1947, is 
amended by adding at the end thereof the following new section: 
Board of In-
quiry. 
29 u s e 183. 
Ante, 
p. 395. 
Report. 
Membership. 
"CONCILIATION OF LABOR DISPUTES I N THE HEALTH CARE INDUSTRY 
"SEC. 213. (a) If, in the opinion of the Director of the Federal Medi-
ation and Conciliation Service a threatened or actual strike or lock-
out affecting a health care institution will, if permitted to occur or 
to continue, substantially interrupt the delivery of health care in the 
locality concerned, the Director may further assist in the resolution 
of the impasse by establishing withm 30 days after the notice to the 
Federal Mediation and Conciliation Service under clause (A) of the 
last sentence of section 8(d) (which is required by clause (3) of such 
section 8(d)), or within 10 days after the notice under clause (B), an 
impartial Board of Inquiry to investigate the issues involved in the 
dispute and to make a written report thereon to the parties within 
fifteen (15) days after the establishment of such a Board. The written 
report shall contain the findings of fact together with the Board's 
recommendations for settling the dispute, with the objective of achiev-
ing a prompt, peaceful and just settlement of the dispute. Each such 
Board shall be composed of such number of individuals as the Director 
may deem desirable. No member appointed under this section shall have 
any interest or involvement in the health care institutions or the 
employee organizations involved in the dispute. 
"(b) (1) Members of any board established under this section who 
are otherwise employed by the Federal Government shall serve with-
out compensation but shall be reimbursed for travel, subsistence, and 
other necessary expenses incurred by them in carrying out its duties 
under this section. 
88 STAT. ] 
PUBLIC LAW 93-361-JULY 30, 1974 
397 
"(2) Members of any board established under this section who are 
not subject to paragraph (1) shall receive compensation at a rate 
prescribed by the Director but not to exceed the daily rate prescribed 
for GS-18 of the General Schedule under section 5332 of title 5, United 
States Code, including travel for each day they are engaged in the 
performance of their duties under this section and shall be entitled 
to reimbursement for travel, subsistence, and other necessary expenses 
incurred by them in carrying out their duties under this section. 
"(c) After the establishment of a board under subsection (a) of 
this section and for 15 days after any such board has issued its report, 
no change in the status quo in effect prior to the expiration of the con-
tract in the case of negotiations for a contract renewal, or in effect prior 
to the time of the impasse in the case of an initial bargaining 
negotiation, except by agreement, shall be made by the parties to 
the controversy. 
"(d) There are authorized to be appropriated such sums as may 
be necessary to carry out the provisions of this section." 
SEC. 3. The National Labor Relations Act is amended by adding 
immediately after section 18 thereof the following new section: 
Compensation. 
5 u s e 5332 
note. 
Appropriation. 
ii INDIVIDUALS WITH RELIGIOUS CONVICTIONS 
"SEC. 19. Any employee of a health care institution who is a member 
of and adheres to established and traditional tenets or teachings of a 
bona fide religion, body, or sect which has historically held conscien-
tious objections to joining or financially supporting labor organiza-
tions shall not be required to join or financially support any labor 
organization as a condition of employment; except that such employee 
may be required, in lieu of periodic dues and initiation fees, to 
pay sums equal to such dues and initiation fees to a nonreligious 
charitable fund exempt from taxation under section 501(c) (3) of the 
Internal Revenue Code, chosen by such employee from a list of at least 
three such funds, designated in a contract between such institution 
and a labor organization, or if the contract fails to designate such 
funds, then to any such fund chosen by the employee." 
SEC. 4. The amendments made by this Act shall become effective on 
the thirtieth day after its date of enactment. 
Approved July 26, 1974. 
29 use 169. 
26 u s e 501, 
Effective date. 
29 u s e 169 
note. 
Public Law 93-361 
AN ACT 
To secure to the Congress additional time in which to consider tlie proposed 
amendments to the Federal Rules of Criminal Procedure which the Chief 
Justice of the United States Supreme Court transmitted to the Congress on 
April 22, 1974. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That, notwithstand-
ing the provisions of sections 3771 and 3772 of title 18 of the United 
States Code, the effective date of the proposed amendments to the 
Federal Rules of Criminal Procedure which are embraced by the order 
entered by the United States Supreme Court on April 22, 1974, and 
which were transmitted to the Congiess by the Chief Justice on 
April 22, 1974, is postponed until August 1, 1975. 
Approved July 30, 1974. 
July 30, 1974 
[H. R.15461] 
Federal Rules 
of eriminal 
Procedure. 
eongressional 
approval, time 
extension. 
18 u s e 3771 
note.