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DOCUMENT:
NLRB Rules and Regulations
[Page 252-290]
National Labor Relations Act
NLRB Rules and Regulations
NATIONAL LABOR RELATIONS ACT
Also cited NLRA or the Act; 29 U.S.C. Sec. Sec. 151-169
[Title 29, Chapter 7, Subchapter II, United States Code]
findings and policies
Section 1. [Sec. 151.] The denial by some employers of the right of
employees to organize and the refusal by some employers to accept the
procedure of collective bargaining lead to strikes and other forms of
industrial strife or unrest, which have the intent or the necessary
effect of burdening or obstructing commerce by (a) impairing the
efficiency, safety, or operation of the instrumentalities of commerce;
(b) occurring in the current of commerce; (c) materially affecting,
restraining, or controlling the flow of raw materials or manufactured or
processed goods from or into the channels of commerce, or the prices of
such materials or goods in commerce; or (d) causing diminution of
employment and wages in such volume as substantially to impair or
disrupt the market for goods flowing from or into the channels of
commerce.
The inequality of bargaining power between employees who do not
possess full freedom of association or actual liberty of contract and
employers who are organized in the corporate or other forms of ownership
association substantially burdens and affects the flow of commerce, and
tends to aggravate recurrent business depressions, by depressing wage
rates and the purchasing power of wage earners in industry and by
preventing the stabilization of competitive wage rates and working
conditions within and between industries.
Experience has proved that protection by law of the right of employees
to organize and bargain collectively safeguards commerce from injury,
impairment, or interruption, and promotes the flow of commerce by
removing certain recognized sources of industrial strife and unrest, by
encouraging practices fundamental to the friendly adjustment of
industrial disputes arising out of differences as to wages, hours, or
other working conditions, and by restoring equality of bargaining power
between employers and employees.
Experience has further demonstrated that certain practices by some
labor organizations, their officers, and members have the intent or the
necessary effect of burdening or obstructing commerce by preventing the
free flow of goods in such commerce through strikes and other forms of
industrial unrest or through concerted activities which impair the
interest of the public in the free flow of such commerce. The
elimination of such practices is a necessary condition to the assurance
of the rights herein guaranteed.
It is declared to be the policy of the United States to eliminate the
causes of certain substantial obstructions to the free flow of commerce
and to mitigate and eliminate these obstructions when they have occurred
[[Page 252]]
by encouraging the practice and procedure of collective bargaining and
by protecting the exercise by workers of full freedom of association,
self-organization, and designation of representatives of their own
choosing, for the purpose of negotiating the terms and conditions of
their employment or other mutual aid or protection.
definitions
Sec. 2. [Sec. 152.] When used in this Act [subchapter]--
(1) The term ``person'' includes one or more individuals, labor
organizations, partnerships, associations, corporations, legal
representatives, trustees, trustees in cases under title 11 of the
United States Code [under title 11], or receivers.
(2) The term ``employer'' includes any person acting as an agent of an
employer, directly or indirectly, but shall not include the United
States or any wholly owned Government corporation, or any Federal
Reserve Bank, or any State or political subdivision thereof, or any
person subject to the Railway Labor Act [45 U.S.C. Sec. 151 et seq.], as
amended from time to time, or any labor organization (other than when
acting as an employer), or anyone acting in the capacity of officer or
agent of such labor organization.
[Pub. L. 93-360, Sec. 1(a), July 26, 1974, 88 Stat. 395, deleted the
phrase ``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'' from the definition of ``employer.'']
(3) The term ``employee'' shall include any employee, and shall not be
limited to the employees of a particular employer, unless the Act [this
subchapter] explicitly states otherwise, and shall include any
individual whose work has ceased as a consequence of, or in connection
with, any current labor dispute or because of any unfair labor practice,
and who has not obtained any other regular and substantially equivalent
employment, but shall not include any individual employed as an
agricultural laborer, or in the domestic service of any family or person
at his home, or any individual employed by his parent or spouse, or any
individual having the status of an independent contractor, or any
individual employed as a supervisor, or any individual employed by an
employer subject to the Railway Labor Act [45 U.S.C. Sec. 151 et seq.],
as amended from time to time, or by any other person who is not an
employer as herein defined.
(4) The term ``representatives'' includes any individual or labor
organization.
(5) The term ``labor organization'' means any organization of any
kind, or any agency or employee representation committee or plan, in
which employees participate and which exists for the purpose, in whole
or in part, of dealing with employers concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or conditions of
work.
[[Page 253]]
(6) The term ``commerce'' means trade, traffic, commerce,
transportation, or communication among the several States, or between
the District of Columbia or any Territory of the United States and any
State or other Territory, or between any foreign country and any State,
Territory, or the District of Columbia, or within the District of
Columbia or any Territory, or between points in the same State but
through any other State or any Territory or the District of Columbia or
any foreign country.
(7) The term ``affecting commerce'' means in commerce, or burdening or
obstructing commerce or the free flow of commerce, or having led or
tending to lead to a labor dispute burdening or obstructing commerce or
the free flow of commerce.
(8) The term ``unfair labor practice'' means any unfair labor practice
listed in section 8 [section 158 of this title].
(9) The term ``labor dispute'' includes any controversy concerning
terms, tenure, or conditions of employment, or concerning the
association or representation of persons in negotiating, fixing,
maintaining, changing, or seeking to arrange terms or conditions of
employment, regardless of whether the disputants stand in the proximate
relation of employer and employee.
(10) The term ``National Labor Relations Board'' means the National
Labor Relations Board provided for in section 3 of this Act [section 153
of this title].
(11) The term ``supervisor'' means any individual having authority, in
the interest of the employer, to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, or discipline other
employees, or responsibly to direct them, or to adjust their grievances,
or effectively to recommend such action, if in connection with the
foregoing the exercise of such authority is not of a merely routine or
clerical nature, but requires the use of independent judgment.
(12) The term ``professional employee'' means--
(a) any employee engaged in work (i) predominantly intellectual and
varied in character as opposed to routine mental, manual, mechanical,
or physical work; (ii) involving the consistent exercise of discretion
and judgment in its performance; (iii) of such a character that the
output produced or the result accomplished cannot be standardized in
relation to a given period of time; (iv) requiring knowledge of an
advanced type in a field of science or learning customarily acquired
by a prolonged course of specialized intellectual instruction and
study in an institution of higher learning or a hospital, as
distinguished from a general academic education or from an
apprenticeship or from training in the performance of routine mental,
manual, or physical processes; or
(b) any employee, who (i) has completed the courses of specialized
intellectual instruction and study described in clause (iv) of
paragraph (a), and (ii) is performing related work under the
supervision of a profes
[[Page 254]]
sional person to qualify himself to become a professional employee as
defined in paragraph (a).
(13) In determining whether any person is acting as an ``agent'' of
another person so as to make such other person responsible for his acts,
the question of whether the specific acts performed were actually
authorized or subsequently ratified shall not be controlling.
(14) The term ``health care institution'' shall include any hospital,
convalescent hospital, health maintenance organization, health clinic,
nursing home, extended care facility, or other institution devoted to
the care of sick, infirm, or aged person.
[Pub. L. 93-360, Sec. 1(b), July 26, 1974, 88 Stat. 395, added par.
(14).]
national labor relations board
Sec. 3. [Sec. 153.] (a) [Creation, composition, appointment, and
tenure; Chairman; removal of members] The National Labor Relations
Board (hereinafter called the ``Board'') created by this Act
[subchapter] prior to its amendment by the Labor Management Relations
Act, 1947 [29 U.S.C. Sec. 141 et seq.], is continued as an agency of the
United States, except that the Board shall consist of five instead of
three members, appointed by the President by and with the advice and
consent of the Senate. Of the two additional members so provided for,
one shall be appointed for a term of five years and the other for a term
of two years. Their successors, and the successors of the other members,
shall be appointed for terms of five years each, excepting that any
individual chosen to fill a vacancy shall be appointed only for the
unexpired term of the member whom he shall succeed. The President shall
designate one member to serve as Chairman of the Board. Any member of
the Board may be removed by the President, upon notice and hearing, for
neglect of duty or malfeasance in office, but for no other cause.
(b) [Delegation of powers to members and regional directors; review
and stay of actions of regional directors; quorum; seal] The Board is
authorized to delegate to any group of three or more members any or all
of the powers which it may itself exercise. The Board is also authorized
to delegate to its regional directors its powers under section 9
[section 159 of this title] to determine the unit appropriate for the
purpose of collective bargaining, to investigate and provide for
hearings, and determine whether a question of representation exists, and
to direct an election or take a secret ballot under subsection (c) or
(e) of section 9 [section 159 of this title] and certify the results
thereof, except that upon the filling of a request therefor with the
Board by any interested person, the Board may review any action of a
regional director delegated to him under this paragraph, but such a
review shall not, unless specifically ordered by the Board, operate as a
stay of any action taken by the regional director. A vacancy in the
Board shall not impair the right of the remaining members
[[Page 255]]
to exercise all of the powers of the Board, and three members of the
Board shall, at all times, constitute a quorum of the Board, except that
two members shall constitute a quorum of any group designated pursuant
to the first sentence hereof. The Board shall have an official seal
which shall be judicially noticed.
(c) [Annual reports to Congress and the President] The Board shall at
the close of each fiscal year make a report in writing to Congress and
to the President summarizing significant case activities and operations
for that fiscal year.
(d) [General Counsel; appointment and tenure; powers and duties;
vacancy] There shall be a General Counsel of the Board who shall be
appointed by the President, by and with the advice and consent of the
Senate, for a term of four years. The General Counsel of the Board shall
exercise general supervision over all attorneys employed by the Board
(other than administrative law judges and legal assistants to Board
members) and over the officers and employees in the regional offices. He
shall have final authority, on behalf of the Board, in respect of the
investigation of charges and issuance of complaints under section 10
[section 160 of this title], and in respect of the prosecution of such
complaints before the Board, and shall have such other duties as the
Board may prescribe or as may be provided by law. In case of vacancy in
the office of the General Counsel the President is authorized to
designate the officer or employee who shall act as General Counsel
during such vacancy, but no person or persons so designated shall so act
(1) for more than forty days when the Congress is in session unless a
nomination to fill such vacancy shall have been submitted to the Senate,
or (2) after the adjournment sine die of the session of the Senate in
which such nomination was submitted.
[The title ``administrative law judge'' was adopted in 5 U.S.C.
Sec. 3105.]
Sec. 4. [Sec. 154. Eligibility for reappointment; officers and
employees; payment of expenses] (a) Each member of the Board and the
General Counsel of the Board shall be eligible for reappointment, and
shall not engage in any other business, vocation, or employment. The
Board shall appoint an executive secretary, and such attorneys,
examiners, and regional directors, and such other employees as it may
from time to time find necessary for the proper performance of its
duties. The Board may not employ any attorneys for the purpose of
reviewing transcripts of hearings or preparing drafts of opinions except
that any attorney employed for assignment as a legal assistant to any
Board member may for such Board member review such transcripts and
prepare such drafts. No administrative law judge's report shall be
reviewed, either before or after its publication, by any person other
than a member of the Board or his legal assistant, and no administrative
law judge shall advise or consult with the Board with respect to
exceptions taken to his findings, rulings, or recommenda
[[Page 256]]
tions. The Board may establish or utilize such regional, local, or other
agencies, and utilize such voluntary and uncompensated services, as may
from time to time be needed. Attorneys appointed under this section may,
at the direction of the Board, appear for and represent the Board in any
case in court. Nothing in this Act [subchapter] shall be construed to
authorize the Board to appoint individuals for the purpose of
conciliation or mediation, or for economic analysis.
[The title ``administrative law judge'' was adopted in 5 U.S.C.
Sec. 3105.]
(b) All of the expenses of the Board, including all necessary
traveling and subsistence expenses outside the District of Columbia
incurred by the members or employees of the Board under its orders,
shall be allowed and paid on the presentation of itemized vouchers
therefor approved by the Board or by any individual it designates for
that purpose.
Sec. 5. [Sec. 155. Principal office, conducting inquiries throughout
country; participation in decisions or inquiries conducted by member]
The principal office of the Board shall be in the District of Columbia,
but it may meet and exercise any or all of its powers at any other
place. The Board may, by one or more of its members or by such agents or
agencies as it may designate, prosecute any inquiry necessary to its
functions in any part of the United States. A member who participates in
such an inquiry shall not be disqualified from subsequently
participating in a decision of the Board in the same case.
Sec. 6. [Sec. 156. Rules and regulations] The Board shall have
authority from time to time to make, amend, and rescind, in the manner
prescribed by the Administrative Procedure Act [by subchapter II of
chapter 5 of title 5], such rules and regulations as may be necessary to
carry out the provisions of this Act [subchapter].
rights of employees
Sec. 7. [Sec. 157.] Employees shall have the right to self-
organization, to form, join, or assist labor organizations, to bargain
collectively through representatives of their own choosing, and to
engage in other concerted activities for the purpose of collective
bargaining or other mutual aid or protection, and shall also have the
right to refrain from any or all such activities except to the extent
that such right may be affected by an agreement requiring membership in
a labor organization as a condition of employment as authorized in
section 8(a)(3) [section 158(a)(3) of this title].
unfair labor practices
Sec. 8. [Sec. 158.] (a) [Unfair labor practices by employer] It
shall be an unfair labor practice for an employer--
(1) to interfere with, restrain, or coerce employees in the exercise
of the rights guaranteed in section 7 [section 157 of this title];
[[Page 257]]
(2) to dominate or interfere with the formation or administration of
any labor organization or contribute financial or other support to it:
Provided, That subject to rules and regulations made and published by
the Board pursuant to section 6 [section 156 of this title], an
employer shall not be prohibited from permitting employees to confer
with him during working hours without loss of time or pay;
(3) by discrimination in regard to hire or tenure of employment or
any term or condition of employment to encourage or discourage
membership in any labor organization: Provided, That nothing in this
Act [subchapter], or in any other statute of the United States, shall
preclude an employer from making an agreement with a labor
organization (not established, maintained, or assisted by any action
defined in section 8(a) of this Act [in this subsection] as an unfair
labor practice) to require as a condition of employment membership
therein on or after the thirtieth day following the beginning of such
employment or the effective date of such agreement, whichever is the
later, (i) if such labor organization is the representative of the
employees as provided in section 9(a) [section 159(a) of this title],
in the appropriate collective-bargaining unit covered by such
agreement when made, and (ii) unless following an election held as
provided in section 9(e) [section 159(e) of this title] within one
year preceding the effective date of such agreement, the Board shall
have certified that at least a majority of the employees eligible to
vote in such election have voted to rescind the authority of such
labor organization to make such an agreement: Provided further, That
no employer shall justify any discrimination against an employee for
nonmembership in a labor organization (A) if he has reasonable grounds
for believing that such membership was not available to the employee
on the same terms and conditions generally applicable to other
members, or (B) if he has reasonable grounds for believing that
membership was denied or terminated for reasons other than the failure
of the employee to tender the periodic dues and the initiation fees
uniformly required as a condition of acquiring or retaining
membership;
(4) to discharge or otherwise discriminate against an employee
because he has filed charges or given testimony under this Act
[subchapter];
(5) to refuse to bargain collectively with the representatives of
his employees, subject to the provisions of section 9(a) [section
159(a) of this title].
(b) [Unfair labor practices by labor organization] It shall be an
unfair labor practice for a labor organization or its agents--
(1) to restrain or coerce (A) employees in the exercise of the
rights guaranteed in section 7 [section 157 of this title]: Provided,
That this paragraph shall not impair the right of a labor organization
to prescribe its own rules with respect to the acquisition or
retention of membership
[[Page 258]]
therein; or (B) an employer in the selection of his representatives
for the purposes of collective bargaining or the adjustment of
grievances;
(2) to cause or attempt to cause an employer to discriminate against
an employee in violation of subsection (a)(3) [of subsection (a)(3) of
this section] or to discriminate against an employee with respect to
whom membership in such organization has been denied or terminated on
some ground other than his failure to tender the periodic dues and the
initiation fees uniformly required as a condition of acquiring or
retaining membership;
(3) to refuse to bargain collectively with an employer, provided it
is the representative of his employees subject to the provisions of
section 9(a) [section 159(a) of this title];
(4)(i) to engage in, or to induce or encourage any individual
employed by any person engaged in commerce or in an industry affecting
commerce to engage in, a strike or a refusal in the course of his
employment to use, manufacture, process, transport, or otherwise
handle or work on any goods, articles, materials, or commodities or to
perform any services; or (ii) to threaten, coerce, or restrain any
person engaged in commerce or in an industry affecting commerce, where
in either case an object thereof is--
(A) forcing or requiring any employer or self-employed person to
join any labor or employer organization or to enter into any agreement
which is prohibited by section 8(e) [subsection (e) of this section];
(B) forcing or requiring any person to cease using, selling,
handling, transporting, or otherwise dealing in the products of any
other producer, processor, or manufacturer, or to cease doing business
with any other person, or forcing or requiring any other employer to
recognize or bargain with a labor organization as the representative
of his employees unless such labor organization has been certified as
the representative of such employees under the provisions of section 9
[section 159 of this title]: Provided, That nothing contained in this
clause (B) shall be construed to make unlawful, where not otherwise
unlawful, any primary strike or primary picketing;
(C) forcing or requiring any employer to recognize or bargain with a
particular labor organization as the representative of his employees
if another labor organization has been certified as the representative
of such employees under the provisions of section 9 [section 159 of
this title];
(D) forcing or requiring any employer to assign particular work to
employees in a particular labor organization or in a particular trade,
craft, or class rather than to employees in another labor organization
or in another trade, craft, or class, unless such employer is failing
to conform to an order or certification of the Board determining the
bargaining representative for employees performing such work:
[[Page 259]]
Provided, That nothing contained in this subsection (b) [this
subsection] shall be construed to make unlawful a refusal by any person
to enter upon the premises of any employer (other than his own
employer), if the employees of such employer are engaged in a strike
ratified or approved by a representative of such employees whom such
employer is required to recognize under this Act [subchapter]: Provided
further, That for the purposes of this paragraph (4) only, nothing
contained in such paragraph shall be construed to prohibit publicity,
other than picketing, for the purpose of truthfully advising the public,
including consumers and members of a labor organization, that a product
or products are produced by an employer with whom the labor organization
has a primary dispute and are distributed by another employer, as long
as such publicity does not have an effect of inducing any individual
employed by any person other than the primary employer in the course of
his employment to refuse to pick up, deliver, or transport any goods, or
not to perform any services, at the establishment of the employer
engaged in such distribution;
(5) to require of employees covered by an agreement authorized under
subsection (a)(3) [of this section] the payment, as a condition
precedent to becoming a member of such organization, of a fee in an
amount which the Board finds excessive or discriminatory under all the
circumstances. In making such a finding, the Board shall consider, among
other relevant factors, the practices and customs of labor organizations
in the particular industry, and the wages currently paid to the
employees affected;
(6) to cause or attempt to cause an employer to pay or deliver or
agree to pay or deliver any money or other thing of value, in the nature
of an exaction, for services which are not performed or not to be
performed; and
(7) to picket or cause to be picketed, or threaten to picket or cause
to be picketed, any employer where an object thereof is forcing or
requiring an employer to recognize or bargain with a labor organization
as the representative of his employees, or forcing or requiring the
employees of an employer to accept or select such labor organization as
their collective-bargaining representative, unless such labor
organization is currently certified as the representative of such
employees:
(A) where the employer has lawfully recognized in accordance with
this Act [subchapter] any other labor organization and a question
concerning representation may not appropriately be raised under
section 9(c) of this Act [section 159(c) of this title],
(B) where within the preceding twelve months a valid election under
section 9(c) of this Act [section 159(c) of this title] has been
conducted, or
(C) where such picketing has been conducted without a petition under
section 9(c) [section 159(c) of this title] being filed within a
reasonable period of time not to exceed thirty days from the
commencement of
[[Page 260]]
such picketing: Provided, That when such a petition has been filed the
Board shall forthwith, without regard to the provisions of section
9(c)(1) [section 159(c)(1) of this title] or the absence of a showing
of a substantial interest on the part of the labor organization,
direct an election in such unit as the Board finds to be appropriate
and shall certify the results thereof: Provided further, That nothing
in this subparagraph (C) shall be construed to prohibit any picketing
or other publicity for the purpose of truthfully advising the public
(including consumers) that an employer does not employ members of, or
have a contract with, a labor organization, unless an effect of such
picketing is to induce any individual employed by any other person in
the course of his employment, not to pick up, deliver or transport any
goods or not to perform any services.
Nothing in this paragraph (7) shall be construed to permit any act
which would otherwise be an unfair labor practice under this section
8(b) [this subsection].
(c) [Expression of views without threat of reprisal or force or
promise of benefit] The expressing of any views, argument, or opinion,
or the dissemination thereof, whether in written, printed, graphic, or
visual form, shall not constitute or be evidence of an unfair labor
practice under any of the provisions of this Act [subchapter], if such
expression contains no threat of reprisal or force or promise of
benefit.
(d) [Obligation to bargain collectively] For the purposes of this
section, to bargain collectively is the performance of the mutual
obligation of the employer and the representative of the employees to
meet at reasonable times and confer in good faith with respect to wages,
hours, and other terms and conditions of employment, or the negotiation
of an agreement or any question arising thereunder, and the execution of
a written contract incorporating any agreement reached if requested by
either party, but such obligation does not compel either party to agree
to a proposal or require the making of a concession: Provided, That
where there is in effect a collective-bargaining contract covering
employees in an industry affecting commerce, the duty to bargain
collectively shall also mean that no party to such contract shall
terminate or modify such contract, unless the party desiring such
termination or modification--
(1) serves a written notice upon the other party to the contract of
the proposed termination or modification sixty days prior to the
expiration date thereof, or in the event such contract contains no
expiration date, sixty days prior to the time it is proposed to make
such termination or modification;
(2) offers to meet and confer with the other party for the purpose
of negotiating a new contract or a contract containing the proposed
modifications;
[[Page 261]]
(3) notifies the Federal Mediation and Conciliation Service within
thirty days after such notice of the existence of a dispute, and
simultaneously therewith notifies any State or Territorial agency
established to mediate and conciliate disputes within the State or
Territory where the dispute occurred, provided no agreement has been
reached by that time; and
(4) continues in full force and effect, without resorting to strike
or lockout, all the terms and conditions of the existing contract for
a period of sixty days after such notice is given or until the
expiration date of such contract, whichever occurs later:
The duties imposed upon employers, employees, and labor organizations
by paragraphs (2), (3), and (4) [paragraphs (2) to (4) of this
subsection] shall become inapplicable upon an intervening certification
of the Board, under which the labor organization or individual, which is
a party to the contract, has been superseded as or ceased to be the
representative of the employees subject to the provisions of section
9(a) [section 159(a) of this title], and the duties so imposed shall not
be construed as requiring either party to discuss or agree to any
modification of the terms and conditions contained in a contract for a
fixed period, if such modification is to become effective before such
terms and conditions can be reopened under the provisions of the
contract. Any employee who engages in a strike within any notice period
specified in this subsection, or who engages in any strike within the
appropriate period specified in subsection (g) of this section, shall
lose his status as an employee of the employer engaged in the particular
labor dispute, for the purposes of sections 8, 9, and 10 of this Act
[sections 158, 159, and 160 of this title], but such loss of status for
such employee shall terminate if and when he is reemployed by such
employer. Whenever the collective bargaining involves employees of a
health care institution, the provisions of this section 8(d) [this
subsection] shall be modified as follows:
(A) The notice of section 8(d)(1) [paragraph (1) of this subsection]
shall be ninety days; the notice of section 8(d)(3) [paragraph (3) of
this subsection] shall be sixty days; and the contract period of
section 8(d)(4) [paragraph (4) of this subsection] shall be ninety
days.
(B) Where the bargaining is for an initial agreement following
certification or recognition, at least thirty days' notice of the
existence of a dispute shall be given by the labor organization to the
agencies set forth in section 8(d)(3) [in paragraph (3) of this
subsection].
(C) After notice is given to the Federal Mediation and Conciliation
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 purpose of aiding in a settlement of
the dispute.
[[Page 262]]
[Pub. L. 93-360, July 26, 1974, 88 Stat. 395, amended the last
sentence of Sec. 8(d) by striking the words ``the sixty-day'' and
inserting the words ``any notice'' and by inserting before the words
``shall lose'' the phrase ``, or who engages in any strike within the
appropriate period specified in subsection (g) of this section.'' It
also amended the end of paragraph Sec. 8(d) by adding a new sentence
``Whenever the collective bargaining . . . aiding in a settlement of the
dispute.'']
(e) [Enforceability of contract or agreement to boycott any other
employer; exception] It shall be an unfair labor practice for any labor
organization and any employer to enter into any contract or agreement,
express or implied, whereby such employer ceases or refrains or agrees
to cease or refrain from handling, using, selling, transporting, or
otherwise dealing in any of the products of any other employer, or cease
doing business with any other person, and any contract or agreement
entered into heretofore or hereafter containing such an agreement shall
be to such extent unenforceable and void: Provided, That nothing in this
subsection (e) [this subsection] shall apply to an agreement between a
labor organization and an employer in the construction industry relating
to the contracting or subcontracting of work to be done at the site of
the construction, alteration, painting, or repair of a building,
structure, or other work: Provided further, That for the purposes of
this subsection (e) and section 8(b)(4)(B) [this subsection and
subsection (b)(4)(B) of this section] the terms ``any employer,'' ``any
person engaged in commerce or an industry affecting commerce,'' and
``any person'' when used in relation to the terms ``any other producer,
processor, or manufacturer,'' ``any other employer,'' or ``any other
person'' shall not include persons in the relation of a jobber,
manufacturer, contractor, or subcontractor working on the goods or
premises of the jobber or manufacturer or performing parts of an
integrated process of production in the apparel and clothing industry:
Provided further, That nothing in this Act [subchapter] shall prohibit
the enforcement of any agreement which is within the foregoing
exception.
(f) [Agreements covering employees in the building and construction
industry] It shall not be an unfair labor practice under subsections
(a) and (b) of this section for an employer engaged primarily in the
building and construction industry to make an agreement covering
employees engaged (or who, upon their employment, will be engaged) in
the building and construction industry with a labor organization of
which building and construction employees are members (not established,
maintained, or assisted by any action defined in section 8(a) of this
Act [subsection (a) of this section] as an unfair labor practice)
because (1) the majority status of such labor organization has not been
established under the provisions of section 9 of this Act [section 159
of this title] prior to the making of such agreement, or (2) such
agreement requires as a condition of employment, membership in such
labor organization after the seventh day following the beginning of such
employment or the effective date of the agreement, whichever is later,
or (3) such agreement requires the employer to notify
[[Page 263]]
such labor organization of opportunities for employment with such
employer, or gives such labor organization an opportunity to refer
qualified applicants for such employment, or (4) such agreement
specifies minimum training or experience qualifications for employment
or provides for priority in opportunities for employment based upon
length of service with such employer, in the industry or in the
particular geographical area: Provided, That nothing in this subsection
shall set aside the final proviso to section 8(a)(3) of this Act
[subsection (a)(3) of this section]: Provided further, That any
agreement which would be invalid, but for clause (1) of this subsection,
shall not be a bar to a petition filed pursuant to section 9(c) or 9(e)
[section 159(c) or 159(e) of this title].
(g) [Notification of intention to strike or picket at any health care
institution] 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 agreement following certification or recognition the notice
required by this subsection shall not be given until the expiration of
the period specified in clause (B) of the last sentence of section 8(d)
of this Act [subsection (d) of this section]. The notice shall state the
date and time that such action will commence. The notice, once given,
may be extended by the written agreement of both parties.
[Pub. L. 93-360, July 26, 1974, 88 Stat. 396, added subsec. (g).]
representatives and elections
Sec. 9 [Sec. 159.] (a) [Exclusive representatives; employees'
adjustment of grievances directly with employer] Representatives
designated or selected for the purposes of collective bargaining by the
majority of the employees in a unit appropriate for such purposes, shall
be the exclusive representatives of all the employees in such unit for
the purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, or other conditions of employment: Provided, That
any individual employee or a group of employees shall have the right at
any time to present grievances to their employer and to have such
grievances adjusted, without the intervention of the bargaining
representative, as long as the adjustment is not inconsistent with the
terms of a collective-bargaining contract or agreement then in effect:
Provided further, That the bargaining representative has been given
opportunity to be present at such adjustment.
(b) [Determination of bargaining unit by Board] The Board shall
decide in each case whether, in order to assure to employees the fullest
freedom in exercising the rights guaranteed by this Act [subchapter],
the unit appropriate for the purposes of collective bargaining shall be
the employer unit, craft unit, plant unit, or subdivision thereof:
Provided, That the Board shall not (1) decide that any unit is
appropriate for such purposes
[[Page 264]]
if such unit includes both professional employees and employees who are
not professional employees unless a majority of such professional
employees vote for inclusion in such unit; or (2) decide that any craft
unit is inappropriate for such purposes on the ground that a different
unit has been established by a prior Board determination, unless a
majority of the employees in the proposed craft unit votes against
separate representation or (3) decide that any unit is appropriate for
such purposes if it includes, together with other employees, any
individual employed as a guard to enforce against employees and other
persons rules to protect property of the employer or to protect the
safety of persons on the employer's premises; but no labor organization
shall be certified as the representative of employees in a bargaining
unit of guards if such organization admits to membership, or is
affiliated directly or indirectly with an organization which admits to
membership, employees other than guards.
(c) [Hearings on questions affecting commerce; rules and regulations]
(1) Whenever a petition shall have been filed, in accordance with such
regulations as may be prescribed by the Board--
(A) by an employee or group of employees or any individual or labor
organization acting in their behalf alleging that a substantial number
of employees (i) wish to be represented for collective bargaining and
that their employer declines to recognize their representative as the
representative defined in section 9(a) [subsection (a) of this
section], or (ii) assert that the individual or labor organization,
which has been certified or is being currently recognized by their
employer as the bargaining representative, is no longer a
representative as defined in section 9(a) [subsection (a) of this
section]; or
(B) by an employer, alleging that one or more individuals or labor
organizations have presented to him a claim to be recognized as the
representative defined in section 9(a) [subsection (a) of this
section];
the Board shall investigate such petition and if it has reasonable
cause to believe that a question of representation affecting commerce
exists shall provide for an appropriate hearing upon due notice. Such
hearing may be conducted by an officer or employee of the regional
office, who shall not make any recommendations with respect thereto. If
the Board finds upon the record of such hearing that such a question of
representation exists, it shall direct an election by secret ballot and
shall certify the results thereof.
(2) In determining whether or not a question of representation
affecting commerce exists, the same regulations and rules of decision
shall apply irrespective of the identity of the persons filing the
petition or the kind of relief sought and in no case shall the Board
deny a labor organization a place on the ballot by reason of an order
with respect to such labor organization or its predecessor not issued in
conformity with section 10(c) [section 160(c) of this title].
[[Page 265]]
(3) No election shall be directed in any bargaining unit or any
subdivision within which, in the preceding twelve-month period, a valid
election shall have been held. Employees engaged in an economic strike
who are not entitled to reinstatement shall be eligible to vote under
such regulations as the Board shall find are consistent with the
purposes and provisions of this Act [subchapter] in any election
conducted within twelve months after the commencement of the strike. In
any election where none of the choices on the ballot receives a
majority, a runoff shall be conducted, the ballot providing for a
selection between the two choices receiving the largest and second
largest number of valid votes cast in the election.
(4) Nothing in this section shall be construed to prohibit the waiving
of hearings by stipulation for the purpose of a consent election in
conformity with regulations and rules of decision of the Board.
(5) In determining whether a unit is appropriate for the purposes
specified in subsection (b) [of this section] the extent to which the
employees have organized shall not be controlling.
(d) [Petition for enforcement or review; transcript] Whenever an
order of the Board made pursuant to section 10(c) [section 160(c) of
this title] is based in whole or in part upon facts certified following
an investigation pursuant to subsection (c) of this section and there is
a petition for the enforcement or review of such order, such
certification and the record of such investigation shall be included in
the transcript of the entire record required to be filed under section
10(e) or 10(f) [subsection (e) or (f) of section 160 of this title], and
thereupon the decree of the court enforcing, modifying, or setting aside
in whole or in part the order of the Board shall be made and entered
upon the pleadings, testimony, and proceedings set forth in such
transcript.
(e) [Secret ballot; limitation of elections] (1) Upon the filing with
the Board, by 30 per centum or more of the employees in a bargaining
unit covered by an agreement between their employer and labor
organization made pursuant to section 8(a)(3) [section 158(a)(3) of this
title], of a petition alleging they desire that such authorization be
rescinded, the Board shall take a secret ballot of the employees in such
unit and certify the results thereof to such labor organization and to
the employer.
(2) No election shall be conducted pursuant to this subsection in any
bargaining unit or any subdivision within which, in the preceding
twelve-month period, a valid election shall have been held.
prevention of unfair labor practices
Sec. 10. [Sec. 160.] (a) [Powers of Board generally] The Board is
empowered, as hereinafter provided, to prevent any person from engaging
in any unfair labor practice (listed in section 8 [section 158 of this
title]) affecting commerce. This power shall not be affected by any
other means of adjustment or prevention that has been or may be
established by agree-
[[Page 266]]
ment, law, or otherwise: Provided, That the Board is empowered by
agreement with any agency of any State or Territory to cede to such
agency jurisdiction over any cases in any industry (other than mining,
manufacturing, communications, and transportation except where
predominately local in character) even though such cases may involve
labor disputes affecting commerce, unless the provision of the State or
Territorial statute applicable to the determination of such cases by
such agency is inconsistent with the corresponding provision of this Act
[subchapter] or has received a construction inconsistent therewith.
(b) [Complaint and notice of hearing; six-month limitation; answer;
court rules of evidence inapplicable] Whenever it is charged that any
person has engaged in or is engaging in any such unfair labor practice,
the Board, or any agent or agency designated by the Board for such
purposes, shall have power to issue and cause to be served upon such
person a complaint stating the charges in that respect, and containing a
notice of hearing before the Board or a member thereof, or before a
designated agent or agency, at a place therein fixed, not less than five
days after the serving of said complaint: Provided, That no complaint
shall issue based upon any unfair labor practice occurring more than six
months prior to the filing of the charge with the Board and the service
of a copy thereof upon the person against whom such charge is made,
unless the person aggrieved thereby was prevented from filing such
charge by reason of service in the armed forces, in which event the six-
month period shall be computed from the day of his discharge. Any such
complaint may be amended by the member, agent, or agency conducting the
hearing or the Board in its discretion at any time prior to the issuance
of an order based thereon. The person so complained of shall have the
right to file an answer to the original or amended complaint and to
appear in person or otherwise and give testimony at the place and time
fixed in the complaint. In the discretion of the member, agent, or
agency conducting the hearing or the Board, any other person may be
allowed to intervene in the said proceeding and to present testimony.
Any such proceeding shall, so far as practicable, be conducted in
accordance with the rules of evidence applicable in the district courts
of the United States under the rules of civil procedure for the district
courts of the United States, adopted by the Supreme Court of the United
States pursuant to section 2072 of title 28, United States Code [section
2072 of title 28].
(c) [Reduction of testimony to writing; findings and orders of
Board] The testimony taken by such member, agent, or agency, or the
Board shall be reduced to writing and filed with the Board. Thereafter,
in its discretion, the Board upon notice may take further testimony or
hear argument. If upon the preponderance of the testimony taken the
Board shall be of the opinion that any person named in the complaint has
engaged in or is engaging in any such unfair labor practice, then the
Board shall
[[Page 267]]
state its findings of fact and shall issue and cause to be served on
such person an order requiring such person to cease and desist from such
unfair labor practice, and to take such affirmative action including
reinstatement of employees with or without backpay, as will effectuate
the policies of this Act [subchapter]: Provided, That where an order
directs reinstatement of an employee, backpay may be required of the
employer or labor organization, as the case may be, responsible for the
discrimination suffered by him: And provided further, That in
determining whether a complaint shall issue alleging a violation of
section 8(a)(1) or section 8(a)(2) [subsection (a)(1) or (a)(2) of
section 158 of this title], and in deciding such cases, the same
regulations and rules of decision shall apply irrespective of whether or
not the labor organization affected is affiliated with a labor
organization national or international in scope. Such order may further
require such person to make reports from time to time showing the extent
to which it has complied with the order. If upon the preponderance of
the testimony taken the Board shall not be of the opinion that the
person named in the complaint has engaged in or is engaging in any such
unfair labor practice, then the Board shall state its findings of fact
and shall issue an order dismissing the said complaint. No order of the
Board shall require the reinstatement of any individual as an employee
who has been suspended or discharged, or the payment to him of any
backpay, if such individual was suspended or discharged for cause. In
case the evidence is presented before a member of the Board, or before
an administrative law judge or judges thereof, such member, or such
judge or judges, as the case may be, shall issue and cause to be served
on the parties to the proceeding a proposed report, together with a
recommended order, which shall be filed with the Board, and if no
exceptions are filed within twenty days after service thereof upon such
parties, or within such further period as the Board may authorize, such
recommended order shall become the order of the Board and become
affective as therein prescribed.
[The title ``administrative law judge'' was adopted in 5 U.S.C.
Sec. 3105.]
(d) [Modification of findings or orders prior to filing record in
court] Until the record in a case shall have been filed in a court, as
hereinafter provided, the Board may at any time, upon reasonable notice
and in such manner as it shall deem proper, modify or set aside, in
whole or in part, any finding or order made or issued by it.
(e) [Petition to court for enforcement of order; proceedings; review
of judgment] The Board shall have power to petition any court of
appeals of the United States, or if all the courts of appeals to which
application may be made are in vacation, any district court of the
United States, within any circuit or district, respectively, wherein the
unfair labor practice in question occurred or wherein such person
resides or transacts business, for the enforcement of such order and for
appropriate temporary relief or restraining order, and shall file in the
court the record in the proceeding,
[[Page 268]]
as provided in section 2112 of title 28, United States Code [section
2112 of title 28]. Upon the filing of such petition, the court shall
cause notice thereof to be served upon such person, and thereupon shall
have jurisdiction of the proceeding and of the question determined
therein, and shall have power to grant such temporary relief or
restraining order as it deems just and proper, and to make and enter a
decree enforcing, modifying and enforcing as so modified, or setting
aside in whole or in part the order of the Board. No objection that has
not been urged before the Board, its member, agent, or agency, shall be
considered by the court, unless the failure or neglect to urge such
objection shall be excused because of extraordinary circumstances. The
findings of the Board with respect to questions of fact if supported by
substantial evidence on the record considered as a whole shall be
conclusive. If either party shall apply to the court for leave to adduce
additional evidence and shall show to the satisfaction of the court that
such additional evidence is material and that there were reasonable
grounds for the failure to adduce such evidence in the hearing before
the Board, its member, agent, or agency, the court may order such
additional evidence to be taken before the Board, its member, agent, or
agency, and to be made a part of the record. The Board may modify its
findings as to the facts, or make new findings, by reason of additional
evidence so taken and filed, and it shall file such modified or new
findings, which findings with respect to question of fact if supported
by substantial evidence on the record considered as a whole shall be
conclusive, and shall file its recommendations, if any, for the
modification or setting aside of its original order. Upon the filing of
the record with it the jurisdiction of the court shall be exclusive and
its judgment and decree shall be final, except that the same shall be
subject to review by the appropriate United States court of appeals if
application was made to the district court as hereinabove provided, and
by the Supreme Court of the United States upon writ of certiorari or
certification as provided in section 1254 of title 28.
(f) [Review of final order of Board on petition to court] Any person
aggrieved by a final order of the Board granting or denying in whole or
in part the relief sought may obtain a review of such order in any
United States court of appeals in the circuit wherein the unfair labor
practice in question was alleged to have been engaged in or wherein such
person resides or transacts business, or in the United States Court of
Appeals for the District of Columbia, by filing in such court a written
petition praying that the order of the Board be modified or set aside. A
copy of such petition shall be forthwith transmitted by the clerk of the
court to the Board, and thereupon the aggrieved party shall file in the
court the record in the proceeding, certified by the Board, as provided
in section 2112 of title 28, United States Code [section 2112 of title
28]. Upon the filing of such petition, the court shall proceed in the
same manner
[[Page 269]]
as in the case of an application by the Board under subsection (e) of
this section, and shall have the same jurisdiction to grant to the Board
such temporary relief or restraining order as it deems just and proper,
and in like manner to make and enter a decree enforcing, modifying and
enforcing as so modified, or setting aside in whole or in part the order
of the Board; the findings of the Board with respect to questions of
fact if supported by substantial evidence on the record considered as a
whole shall in like manner be conclusive.
(g) [Institution of court proceedings as stay of Board's order] The
commencement of proceedings under subsection (e) or (f) of this section
shall not, unless specifically ordered by the court, operate as a stay
of the Board's order.
(h) [Jurisdiction of courts unaffected by limitations prescribed in
chapter 6 of this title] When granting appropriate temporary relief or
a restraining order, or making and entering a decree enforcing,
modifying and enforcing as so modified, or setting aside in whole or in
part an order of the Board, as provided in this section, the
jurisdiction of courts sitting in equity shall not be limited by
sections 101 to 115 of title 29, United States Code [chapter 6 of this
title] [known as the ``Norris-LaGuardia Act''].
(i) Repealed.
(j) [Injunctions] The Board shall have power, upon issuance of a
complaint as provided in subsection (b) [of this section] charging that
any person has engaged in or is engaging in an unfair labor practice, to
petition any United States district court, within any district wherein
the unfair labor practice in question is alleged to have occurred or
wherein such person resides or transacts business, for appropriate
temporary relief or restraining order. Upon the filing of any such
petition the court shall cause notice thereof to be served upon such
person, and thereupon shall have jurisdiction to grant to the Board such
temporary relief or restraining order as it deems just and proper.
(k) [Hearings on jurisdictional strikes] Whenever it is charged that
any person has engaged in an unfair labor practice within the meaning of
paragraph (4)(D) of section 8(b) [section 158(b) of this title], the
Board is empowered and directed to hear and determine the dispute out of
which such unfair labor practice shall have arisen, unless, within ten
days after notice that such charge has been filed, the parties to such
dispute submit to the Board satisfactory evidence that they have
adjusted, or agreed upon methods for the voluntary adjustment of, the
dispute. Upon compliance by the parties to the dispute with the decision
of the Board or upon such voluntary adjustment of the dispute, such
charge shall be dismissed.
(l) [Boycotts and strikes to force recognition of uncertified labor
organizations; injunctions; notice; service of process] Whenever it is
charged that any person has engaged in an unfair labor practice within
[[Page 270]]
the meaning of paragraph (4)(A), (B), or (C) of section 8(b) [section
158(b) of this title], or section 8(e) [section 158(e) of this title] or
section 8(b)(7) [section 158(b)(7) of this title], the preliminary
investigation of such charge shall be made forthwith and given priority
over all other cases except cases of like character in the office where
it is filed or to which it is referred. If, after such investigation,
the officer or regional attorney to whom the matter may be referred has
reasonable cause to believe such charge is true and that a complaint
should issue, he shall, on behalf of the Board, petition any United
States district court within any district where the unfair labor
practice in question has occurred, is alleged to have occurred, or
wherein such person resides or transacts business, for appropriate
injunctive relief pending the final adjudication of the Board with
respect to such matter. Upon the filing of any such petition the
district court shall have jurisdiction to grant such injunctive relief
or temporary restraining order as it deems just and proper,
notwithstanding any other provision of law: Provided further, That no
temporary restraining order shall be issued without notice unless a
petition alleges that substantial and irreparable injury to the charging
party will be unavoidable and such temporary restraining order shall be
effective for no longer than five days and will become void at the
expiration of such period: Provided further, That such officer or
regional attorney shall not apply for any restraining order under
section 8(b)(7) [section 158(b)(7) of this title] if a charge against
the employer under section 8(a)(2) [section 158(a)(2) of this title] has
been filed and after the preliminary investigation, he has reasonable
cause to believe that such charge is true and that a complaint should
issue. Upon filing of any such petition the courts shall cause notice
thereof to be served upon any person involved in the charge and such
person, including the charging party, shall be given an opportunity to
appear by counsel and present any relevant testimony: Provided further,
That for the purposes of this subsection district courts shall be deemed
to have jurisdiction of a labor organization (1) in the district in
which such organization maintains its principal office, or (2) in any
district in which its duly authorized officers or agents are engaged in
promoting or protecting the interests of employee members. The service
of legal process upon such officer or agent shall constitute service
upon the labor organization and make such organization a party to the
suit. In situations where such relief is appropriate the procedure
specified herein shall apply to charges with respect to section
8(b)(4)(D) [section 158(b)(4)(D) of this title].
(m) [Priority of cases] Whenever it is charged that any person has
engaged in an unfair labor practice within the meaning of subsection
(a)(3) or (b)(2) of section 8 [section 158 of this title], such charge
shall be given priority over all other cases except cases of like
character in the office where it is filed or to which it is referred and
cases given priority under subsection (l) [of this section].
[[Page 271]]
investigatory powers
Sec. 11. [Sec. 161.] For the purpose of all hearings and
investigations, which, in the opinion of the Board, are necessary and
proper for the exercise of the powers vested in it by section 9 and
section 10 [sections 159 and 160 of this title]--
(1) [Documentary evidence; summoning witnesses and taking testimony]
The Board, or its duly authorized agents or agencies, shall at all
reasonable times have access to, for the purpose of examination, and the
right to copy any evidence of any person being investigated or proceeded
against that relates to any matter under investigation or in question.
The Board, or any member thereof, shall upon application of any party to
such proceedings, forthwith issue to such party subpoenas requiring the
attendance and testimony of witnesses or the production of any evidence
in such proceeding or investigation requested in such application.
Within five days after the service of a subpoena on any person requiring
the production of any evidence in his possession or under his control,
such person may petition the Board to revoke, and the Board shall
revoke, such subpoena if in its opinion the evidence whose production is
required does not relate to any matter under investigation, or any
matter in question in such proceedings, or if in its opinion such
subpoena does not describe with sufficient particularity the evidence
whose production is required. Any member of the Board, or any agent or
agency designated by the Board for such purposes, may administer oaths
and affirmations, examine witnesses, and receive evidence. Such
attendance of witnesses and the production of such evidence may be
required from any place in the United States or any Territory or
possession thereof, at any designated place of hearing.
(2) [Court aid in compelling production of evidence and attendance of
witnesses] In case on contumacy or refusal to obey a subpoena issued to
any person, any United States district court or the United States courts
of any Territory or possession, within the jurisdiction of which the
inquiry is carried on or within the jurisdiction of which said person
guilty of contumacy or refusal to obey is found or resides or transacts
business, upon application by the Board shall have jurisdiction to issue
to such person an order requiring such person to appear before the
Board, its member, agent, or agency, there to produce evidence if so
ordered, or there to give testimony touching the matter under
investigation or in question; and any failure to obey such order of the
court may be punished by said court as a contempt thereof.
(3) Repealed.
[Immunity of witnesses. See 18 U.S.C. Sec. 6001 et seq.]
(4) [Process, service, and return; fees of witnesses] Complaints,
orders and other process and papers of the Board, its member, agent, or
agency,
[[Page 272]]
may be served either personally or by registered or certified mail or by
telegraph or by leaving a copy thereof at the principal office or place
of business of the person required to be served. The verified return by
the individual so serving the same setting forth the manner of such
service shall be proof of the same, and the return post office receipt
or telegraph receipt therefor when registered or certified and mailed or
when telegraphed as aforesaid shall be proof of service of the same.
Witnesses summoned before the Board, its member, agent, or agency, shall
be paid the same fees and mileage that are paid witnesses in the courts
of the United States, and witnesses whose depositions are taken and the
persons taking the same shall severally be entitled to the same fees as
are paid for like services in the courts of the United States.
(5) [Process, where served] All process of any court to which
application may be made under this Act [subchapter] may be served in the
judicial district wherein the defendant or other person required to be
served resides or may be found.
(6) [Information and assistance from departments] The several
departments and agencies of the Government, when directed by the
President, shall furnish the Board, upon its request, all records,
papers, and information in their possession relating to any matter
before the Board.
Sec. 12. [Sec. 162. Offenses and penalties] Any person who shall
willfully resist, prevent, impede, or interfere with any member of the
Board or any of its agents or agencies in the performance of duties
pursuant to this Act [subchapter] shall be punished by a fine of not
more than $5,000 or by imprisonment for not more than one year, or both.
limitations
Sec. 13. [Sec. 163. Right to strike preserved] Nothing in this Act
[subchapter], except as specifically provided for herein, shall be
construed so as either to interfere with or impede or diminish in any
way the right to strike or to affect the limitations or qualifications
on that right.
Sec. 14. [Sec. 164. Construction of provisions] (a) [Supervisors as
union members] Nothing herein shall prohibit any individual employed as
a supervisor from becoming or remaining a member of a labor
organization, but no employer subject to this Act [subchapter] shall be
compelled to deem individuals defined herein as supervisors as employees
for the purpose of any law, either national or local, relating to
collective bargaining.
(b) [Agreements requiring union membership in violation of State law]
Nothing in this Act [subchapter] shall be construed as authorizing the
execution or application of agreements requiring membership in a labor
organization as a condition of employment in any State or Territory in
which such execution or application is prohibited by State or
Territorial law.
[[Page 273]]
(c) [Power of Board to decline jurisdiction of labor disputes;
assertion of jurisdiction by State and Territorial courts] (1) The
Board, in its discretion, may, by rule of decision or by published rules
adopted pursuant to the Administrative Procedure Act [to subchapter II
of chapter 5 of title 5], decline to assert jurisdiction over any labor
dispute involving any class or category of employers, where, in the
opinion of the Board, the effect of such labor dispute on commerce is
not sufficiently substantial to warrant the exercise of its
jurisdiction: Provided, That the Board shall not decline to assert
jurisdiction over any labor dispute over which it would assert
jurisdiction under the standards prevailing upon August 1, 1959.
(2) Nothing in this Act [subchapter] shall be deemed to prevent or bar
any agency or the courts of any State or Territory (including the
Commonwealth of Puerto Rico, Guam, and the Virgin Islands) from assuming
and asserting jurisdiction over labor disputes over which the Board
declines, pursuant to paragraph (1) of this subsection, to assert
jurisdiction.
Sec. 15. [Sec. 165.] Omitted.
[Reference to repealed provisions of bankruptcy statute.]
Sec. 16. [Sec. 166. Separability of provisions] If any provision of
this Act [subchapter], or the application of such provision to any
person or circumstances, shall be held invalid, the remainder of this
Act [subchapter], or the application of such provision to persons or
circumstances other than those as to which it is held invalid, shall not
be affected thereby.
Sec. 17. [Sec. 167. Short title] This Act [subchapter] may be cited
as the ``National Labor Relations Act.''
Sec. 18. [Sec. 168.] Omitted.
[Reference to former sec. 9(f), (g), and (h).]
individuals with religious convictions
Sec. 19. [Sec. 169.] Any employee 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 conscientious objections to
joining or financially supporting labor organizations 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 a
contract between such employee's employer and a labor organization in
lieu of periodic dues and initiation fees, to pay sums equal to such
dues and initiation fees to a nonreligious, nonlabor organization
charitable fund exempt from taxation under section 501(c)(3) of title 26
of the Internal Revenue Code [section 501(c)(3) of title 26], chosen by
such employee from a list of at least three such funds, designated in
such contract or if the contract fails to designate such funds, then to
any such fund chosen by the employee. If such employee who holds
conscientious objections pursuant to this section
[[Page 274]]
requests the labor organization to use the grievance-arbitration
procedure on the employee's behalf, the labor organization is authorized
to charge the employee for the reasonable cost of using such procedure.
[Sec. added, Pub. L. 93-360, July 26, 1974, 88 Stat. 397, and amended,
Pub. L. 96-593, Dec. 24, 1980, 94 Stat. 3452.]
[[Page 275]]
LABOR MANAGEMENT RELATIONS ACT
Also cited LMRA; 29 U.S.C. Sec. Sec. 141-197
[Title 29, Chapter 7, United States Code]
short title and declaration of policy
Section 1. [Sec. 141.] (a) This Act [chapter] may be cited as the
``Labor Management Relations Act, 1947.'' [Also known as the ``Taft-
Hartley Act.'']
(b) Industrial strife which interferes with the normal flow of
commerce and with the full production of articles and commodities for
commerce, can be avoided or substantially minimized if employers,
employees, and labor organizations each recognize under law one
another's legitimate rights in their relations with each other, and
above all recognize under law that neither party has any right in its
relations with any other to engage in acts or practices which jeopardize
the public health, safety, or interest.
It is the purpose and policy of this Act [chapter], in order to
promote the full flow of commerce, to prescribe the legitimate rights of
both employees and employers in their relations affecting commerce, to
provide orderly and peaceful procedures for preventing the interference
by either with the legitimate rights of the other, to protect the rights
of individual employees in their relations with labor organizations
whose activities affect commerce, to define and proscribe practices on
the part of labor and management which affect commerce and are inimical
to the general welfare, and to protect the rights of the public in
connection with labor disputes affecting commerce.
TITLE I, Amendments to
NATIONAL LABOR RELATIONS ACT
29 U.S.C. Sec. Sec. 151-169 (printed above)
TITLE II
[Title 29, Chapter 7, Subchapter III, United States Code]
conciliation of labor disputes in industries affecting commerce;
national emergencies
Sec. 201. [Sec. 171. Declaration of purpose and policy] It is the
policy of the United States that--
(a) sound and stable industrial peace and the advancement of the
general welfare, health, and safety of the Nation and of the best
interest of employers and employees can most satisfactorily be secured
by the settlement of issues between employers and employees through the
processes of con
[[Page 276]]
ference and collective bargaining between employers and the
representatives of their employees;
(b) the settlement of issues between employers and employees through
collective bargaining may by advanced by making available full and
adequate governmental facilities for conciliation, mediation, and
voluntary arbitration to aid and encourage employers and the
representatives of their employees to reach and maintain agreements
concerning rates of pay, hours, and working conditions, and to make all
reasonable efforts to settle their differences by mutual agreement
reached through conferences and collective bargaining or by such methods
as may be provided for in any applicable agreement for the settlement of
disputes; and
(c) certain controversies which arise between parties to collective-
bargaining agreements may be avoided or minimized by making available
full and adequate governmental facilities for furnishing assistance to
employers and the representatives of their employees in formulating for
inclusion within such agreements provision for adequate notice of any
proposed changes in the terms of such agreements, for the final
adjustment of grievances or questions regarding the application or
interpretation of such agreements, and other provisions designed to
prevent the subsequent arising of such controversies.
Sec. 202. [Sec. 172. Federal Mediation and Conciliation Service]
(a) [Creation; appointment of Director] There is created an
independent agency to be known as the Federal Mediation and Conciliation
Service (herein referred to as the ``Service,'' except that for sixty
days after June 23, 1947, such term shall refer to the Conciliation
Service of the Department of Labor). The Service shall be under the
direction of a Federal Mediation and Conciliation Director (hereinafter
referred to as the ``Director''), who shall be appointed by the
President by and with the advice and consent of the Senate. The Director
shall not engage in any other business, vocation, or employment.
(b) [Appointment of officers and employees; expenditures for supplies,
facilities, and services] The Director is authorized, subject to the
civil service laws, to appoint such clerical and other personnel as may
be necessary for the execution of the functions of the Service, and
shall fix their compensation in accordance with sections 5101 to 5115
and sections 5331 to 5338 of title 5, United States Code [chapter 51 and
subchapter III of chapter 53 of title 5], and may, without regard to the
provisions of the civil service laws, appoint such conciliators and
mediators as may be necessary to carry out the functions of the Service.
The Director is authorized to make such expenditures for supplies,
facilities, and services as he deems necessary. Such expenditures shall
be allowed and paid upon presentation of itemized vouchers therefor
approved by the Director or by any employee designated by him for that
purpose.
[[Page 277]]
(c) [Principal and regional offices; delegation of authority by
Director; annual report to Congress] The principal office of the
Service shall be in the District of Columbia, but the Director may
establish regional ofiices convenient to localities in which labor
controversies are likely to arise. The Director may by order, subject to
revocation at any time, delegate any authority and discretion conferred
upon him by this Act [chapter] to any regional director, or other
officer or employee of the Service. The Director may establish suitable
procedures for cooperation with State and local mediation agencies. The
Director shall make an annual report in writing to Congress at the end
of the fiscal year.
(d) [Transfer of all mediation and conciliation services to Service;
effective date; pending proceedings unaffected] All mediation and
conciliation functions of the Secretary of Labor or the United States
Conciliation Service under section 51 [repealed] of title 29, United
States Code [this title], and all functions of the United States
Conciliation Service under any other law are transferred to the Federal
Mediation and Conciliation Service, together with the personnel and
records of the United States Conciliation Service. Such transfer shall
take effect upon the sixtieth day after June 23, 1947. Such transfer
shall not affect any proceedings pending before the United States
Conciliation Service or any certification, order, rule, or regulation
theretofore made by it or by the Secretary of Labor. The Director and
the Service shall not be subject in any way to the jurisdiction or
authority of the Secretary of Labor or any official or division of the
Department of Labor.
functions of the service
Sec. 203. [Sec. 173. Functions of Service] (a) [Settlement of
disputes through conciliation and mediation] It shall be the duty of
the Service, in order to prevent or minimize interruptions of the free
flow of commerce growing out of labor disputes, to assist parties to
labor disputes in industries affecting commerce to settle such disputes
through conciliation and mediation.
(b) [Intervention on motion of Service or request of parties;
avoidance of mediation of minor disputes] The Service may proffer its
services in any labor dispute in any industry affecting commerce, either
upon its own motion or upon the request of one or more of the parties to
the dispute, whenever in its judgment such dispute threatens to cause a
substantial interruption of commerce. The Director and the Service are
directed to avoid attempting to mediate disputes which would have only a
minor effect on interstate commerce if State or other conciliation
services are available to the parties. Whenever the Service does proffer
its services in any dispute, it shall be the duty of the Service
promptly to put itself in communication with the parties and to use its
best efforts, by mediation and conciliation, to bring them to agreement.
[[Page 278]]
(c) [Settlement of disputes by other means upon failure of concilia-
tion] If the Director is not able to bring the parties to agreement by
conciliation within a reasonable time, he shall seek to induce the
parties voluntarily to seek other means of settling the dispute without
resort to strike, lockout, or other coercion, including submission to
the employees in the bargaining unit of the employer's last offer of
settlement for approval or rejection in a secret ballot. The failure or
refusal of either party to agree to any procedure suggested by the
Director shall not be deemed a violation of any duty or obligation
imposed by this Act [chapter].
(d) [Use of conciliation and mediation services as last resort] Final
adjustment by a method agreed upon by the parties is declared to be the
desirable method for settlement of grievance disputes arising over the
application or interpretation of an existing collective-bargaining
agreement. The Service is directed to make its conciliation and
mediation services available in the settlement of such grievance
disputes only as a last resort and in exceptional cases.
(e) [Encouragement and support of establishment and operation of joint
labor management activities conducted by committees] The Service is
authorized and directed to encourage and support the establishment and
operation of joint labor management activities conducted by plant, area,
and industrywide committees designed to improve labor management
relationships, job security and organizational effectiveness, in
accordance with the provisions of section 205A [section 175a of this
title].
[Pub. L. 95-524, Sec. 6(c)(1), Oct. 27, 1978, 92 Stat. 2020, added
subsec. (e).]
(f) [Use of alternative means of dispute resolution procedures;
assignment of neutrals and arbitrators] The Service may make its
services available to Federal agencies to aid in the resolution of
disputes under the provisions of subchapter IV of chapter 5 of title 5.
Functions performed by the Service may include assisting parties to
disputes related to administrative programs, training persons in skills
and procedures employed in alternative means of dispute resolution, and
furnishing officers and employees of the Service to act as neutrals.
Only officers and employees who are qualified in accordance with section
573 of title 5 may be assigned to act as neutrals. The Service shall
consult with the Administrative Conference of the United States and
other agencies in maintaining rosters of neutrals and arbitrators, and
to adopt such procedures and rules as are necessary to carry out the
services authorized in this subsection.
[As amended Nov. 15, 1990, Pub. L. 101-552, Sec. 7, 104 Stat. 2746;
Aug. 26, 1992, Pub. L. 102-354, Sec. 5(b)(5), 106 Stat. 946.]
[It appears that Sec. 173(f) terminated on October 1, 1995, pursuant
to a sunset provision. As of the date of this publication, it does not
appear that it was reenacted. Persons having an interest in the
application of Sec. 173(f) to proceedings commencing after October 1,
1995, should check to see whether the provision was renewed.]
[[Page 279]]
Sec. 204. [Sec. 174. Co-equal obligations of employees, their
representatives, and management to minimize labor disputes] (a) In
order to prevent or minimize interruptions of the free flow of commerce
growing out of labor disputes, employers and employees and their
representatives, in any industry affecting commerce, shall--
(1) exert every reasonable effort to make and maintain agreements
concerning rates of pay, hours, and working conditions, including
provision for adequate notice of any proposed change in the terms of
such agreements;
(2) whenever a dispute arises over the terms or application of a
collective-bargaining agreement and a conference is requested by a
party or prospective party thereto, arrange promptly for such a
conference to be held and endeavor in such conference to settle such
dispute expeditiously; and
(3) in case such dispute is not settled by conference, participate
fully and promptly in such meetings as may be undertaken by the
Service under this Act [chapter] for the purpose of aiding in a
settlement of the dispute.
Sec. 205. [Sec. 175. National Labor-Management Panel; creation and
composition; appointment, tenure, and compensation; duties] (a) There
is created a National Labor-Management Panel which shall be composed of
twelve members appointed by the President, six of whom shall be elected
from among persons outstanding in the field of management and six of
whom shall be selected from among persons outstanding in the field of
labor. Each member shall hold office for a term of three years, except
that any member appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed shall be
appointed for the remainder of such term, and the terms of office of the
members first taking office shall expire, as designated by the President
at the time of appointment, four at the end of the first year, four at
the end of the second year, and four at the end of the third year after
the date of appointment. Members of the panel, when serving on business
of the panel, shall be paid compensation at the rate of $25 per day, and
shall also be entitled to receive an allowance for actual and necessary
travel and subsistence expenses while so serving away from their places
of residence.
(b) It shall be the duty of the panel, at the request of the Director,
to advise in the avoidance of industrial controversies and the manner in
which mediation and voluntary adjustment shall be administered,
particularly with reference to controversies affecting the general
welfare of the country.
Sec. 205A. [Sec. 175a. Assistance to plant, area, and industrywide
labor management committees]
(a) [Establishment and operation of plant, area, and industrywide
committees] (1) The Service is authorized and directed to provide
assist
[[Page 280]]
ance in the establishment and operation of plant, area and industrywide
labor management committees which--
(A) have been organized jointly by employers and labor organizations
representing employees in that plant, area, or industry; and
(B) are established for the purpose of improving labor management
relationships, job security, organizational effectiveness, enhancing
economic development or involving workers in decisions affecting their
jobs including improving communication with respect to subjects of
mutual interest and concern.
(2) The Service is authorized and directed to enter into contracts and
to make grants, where necessary or appropriate, to fulfill its
responsibilities under this section.
(b) [Restrictions on grants, contracts, or other assistance] (1) No
grant may be made, no contract may be entered into and no other
assistance may be provided under the provisions of this section to a
plant labor management committee unless the employees in that plant are
represented by a labor organization and there is in effect at that plant
a collective bargaining agreement.
(2) No grant may be made, no contract may be entered into and no other
assistance may be provided under the provisions of this section to an
area or industrywide labor management committee unless its participants
include any labor organizations certified or recognized as the
representative of the employees of an employer participating in such
committee. Nothing in this clause shall prohibit participation in an
area or industrywide committee by an employer whose employees are not
represented by a labor organization.
(3) No grant may be made under the provisions of this section to any
labor management committee which the Service finds to have as one of its
purposes the discouragement of the exercise of rights contained in
section 7 of the National Labor Relations Act (29 U.S.C. Sec. 157)
[section 157 of this title], or the interference with collective
bargaining in any plant, or industry.
(c) [Establishment of office] The Service shall carry out the
provisions of this section through an office established for that
purpose.
(d) [Authorization of appropriations] There are authorized to be
appropriated to carry out the provisions of this section $10,000,000 for
the fiscal year 1979, and such sums as may be necessary thereafter.
[Pub. L. 95-524, Sec. 6(c)(2), Oct. 27, 1978, 92 Stat. 2020, added
Sec. 205A.]
national emergencies
Sec. 206. [Sec. 176. Appointment of board of inquiry by President;
report; contents; filing with Service] Whenever in the opinion of the
President of the United States, a threatened or actual strike or lockout
affecting an entire industry or a substantial part thereof engaged in
trade,
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commerce, transportation, transmission, or communication among the
several States or with foreign nations, or engaged in the production of
goods for commerce, will, if permitted to occur or to continue, imperil
the national health or safety, he may appoint a board of inquiry to
inquire into the issues involved in the dispute and to make a written
report to him within such time as he shall prescribe. Such report shall
include a statement of the facts with respect to the dispute, including
each party's statement of its position but shall not contain any
recommendations. The President shall file a copy of such report with the
Service and shall make its contents available to the public.
Sec. 207. [Sec. 177. Board of inquiry]
(a) [Composition] A board of inquiry shall be composed of a chairman
and such other members as the President shall determine, and shall have
power to sit and act in any place within the United States and to
conduct such hearings either in public or in private, as it may deem
necessary or proper, to ascertain the facts with respect to the causes
and circumstances of the dispute.
(b) [Compensation] Members of a board of inquiry shall receive
compensation at the rate of $50 for each day actually spent by them in
the work of the board, together with necessary travel and subsistence
expenses.
(c) [Powers of discovery] For the purpose of any hearing or inquiry
conducted by any board appointed under this title [29 U.S.C.S.
Sec. Sec. 171-183], the provisions of sections 9 and 10 (relating to the
attendance of witnesses and the production of books, papers, and
documents) of the Federal Trade Commission Act of September 16 [26],
1914, as amended (U.S.C. [19], title 15, secs. 49 and 50, as amended),
are hereby made applicable to the powers and duties of such board. (June
23, 1947, ch 120 Title II, Sec. 61 Stat. 155.)
Sec. 208. [Sec. 178. Injunctions during national emergency]
(a) [Petition to district court by Attorney General on direction of
President] Upon receiving a report from a board of inquiry the
President may direct the Attorney General to petition any district court
of the United States having jurisdiction of the parties to enjoin such
strike or lockout or the continuing thereof, and if the court finds that
such threatened or actual strike or lockout--
(i) affects an entire industry or a substantial part thereof engaged
in trade, commerce, transportation, transmission, or communication
among the several States or with foreign nations, or engaged in the
production of goods for commerce; and
(ii) if permitted to occur or to continue, will imperil the national
health or safety, it shall have jurisdiction to enjoin any such strike
or lockout, or the continuing thereof, and to make such other orders
as may be appropriate.
[[Page 282]]
(b) [Inapplicability of chapter 6] In any case, the provisions of
sections 101 to 115 of title 29, United States Code [chapter 6 of this
title] [known as the ``Norris-LaGuardia Act''] shall not be applicable.
(c) [Review of orders] The order or orders of the court shall be
subject to review by the appropriate circuit court of appeals [court of
appeals] and by the Supreme Court upon writ of certiorari or
certification as provided in sections 239 and 240 of the Judicial Code,
as amended (U.S.C., title 29, secs. 346 and 347). (June 23, 1947, ch
120, Title II Sec. 208, 61 Stat. 155.)
Sec. 209. [Sec. 179. Injunctions during national emergency; adjustment
efforts by parties during injunction period]
(a) [Assistance of Service; acceptance of Service's proposed
settlement] Whenever a district court has issued an order under section
208 [section 178 of this title] enjoining acts or practices which
imperil or threaten to imperil the national health or safety, it shall
be the duty of the parties to the labor dispute giving rise to such
order to make every effort to adjust and settle their differences, with
the assistance of the Service created by this Act [chapter]. Neither
party shall be under any duty to accept, in whole or in part, any
proposal of settlement made by the Service.
(b) [Reconvening of board of inquiry; report by board; contents;
secret ballot of employees by National Labor Relations Board;
certification of results to Attorney General] Upon the issuance of such
order, the President shall reconvene the board of inquiry which has
previously reported with respect to the dispute. At the end of a sixty-
day period (unless the dispute has been settled by that time), the board
of inquiry shall report to the President the current position of the
parties and the efforts which have been made for settlement, and shall
include a statement by each party of its position and a statement of the
employer's last offer of settlement. The President shall make such
report available to the public. The National Labor Relations Board,
within the succeeding fifteen days, shall take a secret ballot of the
employees of each employer involved in the dispute on the question of
whether they wish to accept the final offer of settlement made by their
employer, as stated by him, and shall certify the results thereof to the
Attorney General within five days thereafter.
Sec. 210. [Sec. 180. Discharge of injunction upon certification of
results of election or settlement; report to Congress] Upon the
certification of the results of such ballot or upon a settlement being
reached, whichever happens sooner, the Attorney General shall move the
court to discharge the injunction, which motion shall then be granted,
and the injunction discharged. When such motion is granted, the
President shall submit to the Congress a full and comprehensive report
of the proceedings, including the findings of the board of inquiry and
the ballot taken by the National Labor Relations Board, together with
such recommendations as he may see fit to make for consideration and
appropriate action.
[[Page 283]]
compilation of collective-bargaining agreements, etc.
Sec. 211. [Sec. 181.] (a) For the guidance and information of
interested representatives of employers, employees, and the general
public, the Bureau of Labor Statistics of the Department of Labor shall
maintain a file of copies of all available collective-bargaining
agreements and other available agreements and actions thereunder
settling or adjusting labor disputes. Such file shall be open to
inspection under appropriate conditions prescribed by the Secretary of
Labor, except that no specific information submitted in confidence shall
be disclosed.
(b) The Bureau of Labor Statistics in the Department of Labor is
authorized to furnish upon request of the Service, or employers,
employees, or their representatives, all available data and factual
information which may aid in the settlement of any labor dispute, except
that no specific information submitted in confidence shall be disclosed.
exemption of railway labor act
Sec. 212. [Sec. 182.] The provisions of this title [subchapter]
shall not be applicable with respect to any matter which is subject to
the provisions of the Railway Labor Act [45 U.S.C. Sec. 151 et seq.], as
amended from time to time.
conciliation of labor disputes in the health care industry
Sec. 213. [Sec. 183.] (a) [Establishment of Boards of Inquiry;
membership] If, in the opinion of the Director of the Federal Mediation
and Conciliation Service, a threatened or actual strike or lockout
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 within thirty days after the notice to the
Federal Mediation and Conciliation Service under clause (A) of the last
sentence of section 8(d) [section 158(d) of this title] (which is
required by clause (3) of such section 8(d) [section 158(d) of this
title]), or within ten 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
achieving 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) [Compensation of members of Boards of Inquiry] (1) Members of any
board established under this section who are otherwise employed
[[Page 284]]
by the Federal Government shall serve without compensation but shall be
reimbursed for travel, subsistence, and other necessary expenses
incurred by them in carrying out its duties under this section.
(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
[section 5332 of title 5], 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) [Maintenance of status quo] After the establishment of a board
under subsection (a) of this section and for fifteen days after any such
board has issued its report, no change in the status quo in effect prior
to the expiration of the contract 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) [Authorization of appropriations] There are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this section.
TITLE III
[Title 29, Chapter 7, Subchapter IV, United States Code]
suits by and against labor organizations
Sec. 301. [Sec. 185.] (a) [Venue, amount, and citizenship] Suits
for violation of contracts between an employer and a labor organization
representing employees in an industry affecting commerce as defined in
this Act [chapter], or between any such labor organization, may be
brought in any district court of the United States having jurisdiction
of the parties, without respect to the amount in controversy or without
regard to the citizenship of the parties.
(b) [Responsibility for acts of agent; entity for purposes of suit;
enforcement of money judgments] Any labor organization which represents
employees in an industry affecting commerce as defined in this Act
[chapter] and any employer whose activities affect commerce as defined
in this Act [chapter] shall be bound by the acts of its agents. Any such
labor organization may sue or be sued as an entity and in behalf of the
employees whom it represents in the courts of the United States. Any
money judgment against a labor organization in a district court of the
United States shall be enforceable only against the organization as an
entity and against its assets, and shall not be enforceable against any
individual member or his assets.
[[Page 285]]
(c) [Jurisdiction] For the purposes of actions and proceedings by or
against labor organizations in the district courts of the United States,
district courts shall be deemed to have jurisdiction of a labor
organization (1) in the district in which such organization maintains
its principal offices, or (2) in any district in which its duly
authorized officers or agents are engaged in representing or acting for
employee members.
(d) [Service of process] The service of summons, subpoena, or other
legal process of any court of the United States upon an officer or agent
of a labor organization, in his capacity as such, shall constitute
service upon the labor organization.
(e) [Determination of question of agency] For the purposes of this
section, in determining whether any person is acting as an ``agent'' of
another person so as to make such other person responsible for his acts,
the question of whether the specific acts performed were actually
authorized or subsequently ratified shall not be controlling.
restrictions on payments to employee representatives
Sec. 302. [Sec. 186.] (a) [Payment or lending, etc., of money by
employer or agent to employees, representatives, or labor organizations]
It shall be unlawful for any employer or association of employers or any
person who acts as a labor relations expert, adviser, or consultant to
an employer or who acts in the interest of an employer to pay, lend, or
deliver, or agree to pay, lend, or deliver, any money or other thing of
value--
(1) to any representative of any of his employees who are employed in
an industry affecting commerce; or
(2) to any labor organization, or any officer or employee thereof,
which represents, seeks to represent, or would admit to membership, any
of the employees of such employer who are employed in an industry
affecting commerce;
(3) to any employee or group or committee of employees of such
employer employed in an industry affecting commerce in excess of their
normal compensation for the purpose of causing such employee or group or
committee directly or indirectly to influence any other employees in the
exercise of the right to organize and bargain collectively through
representatives of their own choosing; or
(4) to any officer or employee of a labor organization engaged in an
industry affecting commerce with intent to influence him in respect to
any of his actions, decisions, or duties as a representative of
employees or as such officer or employee of such labor organization.
(b) [Request, demand, etc., for money or other thing of value]
(1) It shall be unlawful for any person to request, demand, receive,
or accept, or agree to receive or accept, any payment, loan, or delivery
[[Page 286]]
of any money or other thing of value prohibited by subsection (a) of
this section.
(2) It shall be unlawful for any labor organization, or for any person
acting as an officer, agent, representative, or employee of such labor
organization, to demand or accept from the operator of any motor vehicle
(as defined in section 13102 of title 49) employed in the transportation
of property in commerce, or the employer of any such operator, any money
or other thing of value payable to such organization or to an officer,
agent, representative or employee thereof as a fee or charge for the
unloading, or in connection with the unloading, of the cargo of such
vehicle: Provided, That nothing in this paragraph shall be construed to
make unlawful any payment by an employer to any of his employees as
compensation for their services as employees.
(c) [Exceptions] The provisions of this section shall not be
applicable (1) in respect to any money or other thing of value payable
by an employer to any of his employees whose established duties include
acting openly for such employer in matters of labor relations or
personnel administration or to any representative of his employees, or
to any officer or employee of a labor organization, who is also an
employee or former employee of such employer, as compensation for, or by
reason of, his service as an employee of such employer; (2) with respect
to the payment or delivery of any money or other thing of value in
satisfaction of a judgment of any court or a decision or award of an
arbitrator or impartial chairman or in compromise, adjustment,
settlement, or release of any claim, complaint, grievance, or dispute in
the absence of fraud or duress; (3) with respect to the sale or purchase
of an article or commodity at the prevailing market price in the regular
course of business; (4) with respect to money deducted from the wages of
employees in payment of membership dues in a labor organization:
Provided, That the employer has received from each employee, on whose
account such deductions are made, a written assignment which shall not
be irrevocable for a period of more than one year, or beyond the
termination date of the applicable collective agreement, whichever
occurs sooner; (5) with respect to money or other thing of value paid to
a trust fund established by such representative, for the sole and
exclusive benefit of the employees of such employer, and their families
and dependents (or of such employees, families, and dependents jointly
with the employees of other employers making similar payments, and their
families and dependents): Provided, That (A) such payments are held in
trust for the purpose of paying, either from principal or income or
both, for the benefit of employees, their families and dependents, for
medical or hospital care, pensions on retirement or death of employees,
compensation for injuries or illness resulting from occupational
activity or insurance to provide any of the foregoing, or unemployment
benefits or life insurance, disability and sickness insurance, or
accident insurance; (B) the detailed basis on
[[Page 287]]
which such payments are to be made is specified in a written agreement
with the employer, and employees and employers are equally represented
in the administration of such fund, together with such neutral persons
as the representatives of the employers and the representatives of
employees may agree upon and in the event the employer and employee
groups deadlock on the administration of such fund and there are no
neutral persons empowered to break such deadlock, such agreement
provides that the two groups shall agree on an impartial umpire to
decide such dispute, or in event of their failure to agree within a
reasonable length of time, an impartial umpire to decide such dispute
shall, on petition of either group, be appointed by the district court
of the United States for the district where the trust fund has its
principal office, and shall also contain provisions for an annual audit
of the trust fund, a statement of the results of which shall be
available for inspection by interested persons at the principal office
of the trust fund and at such other places as may be designated in such
written agreement; and (C) such payments as are intended to be used for
the purpose of providing pensions or annuities for employees are made to
a separate trust which provides that the funds held therein cannot be
used for any purpose other than paying such pensions or annuities; (6)
with respect to money or other thing of value paid by any employer to a
trust fund established by such representative for the purpose of pooled
vacation, holiday, severance or similar benefits, or defraying costs of
apprenticeship or other training programs: Provided, That the
requirements of clause (B) of the proviso to clause (5) of this
subsection shall apply to such trust funds; (7) with respect to money or
other thing of value paid by any employer to a pooled or individual
trust fund established by such representative for the purpose of (A)
scholarships for the benefit of employees, their families, and
dependents for study at educational institutions, (B) child care centers
for preschool and school age dependents of employees, or (C) financial
assistance for employee housing: Provided, That no labor organization or
employer shall be required to bargain on the establishment of any such
trust fund, and refusal to do so shall not constitute an unfair labor
practice: Provided further, That the requirements of clause (B) of the
proviso to clause (5) of this subsection shall apply to such trust
funds; (8) with respect to money or any other thing of value paid by any
employer to a trust fund established by such representative for the
purpose of defraying the costs of legal services for employees, their
families, and dependents for counsel or plan of their choice: Provided,
That the requirements of clause (B) of the proviso to clause (5) of this
subsection shall apply to such trust funds: Provided further, That no
such legal services shall be furnished: (A) to initiate any proceeding
directed (i) against any such employer or its officers or agents except
in workman's compensation cases, or (ii) against such labor
organization, or its parent or subordinate bodies, or their officers or
agents, or (iii) against any other
[[Page 288]]
employer or labor organization, or their officers or agents, in any
matter arising under subchapter II of this chapter or this chapter; and
(B) in any proceeding where a labor organization would be prohibited
from defraying the costs of legal services by the provisions of the
Labor-Management Reporting and Disclosure Act of 1959 [29 U.S.C.A.
Sec. 401 et seq.]; or (9) with respect to money or other things of value
paid by an employer to a plant, area or industrywide labor management
committee established for one or more of the purposes set forth in
section 5(b) of the Labor Management Cooperation Act of 1978.
[Sec. 302(c)(7) was added by Pub. L. 91-86, Oct. 14, 1969, 83 Stat.
133; Sec. 302(c)(8) by Pub. L. 93-95, Aug. 15, 1973, 87 Stat. 314; Sec.
302(c)(9) by Pub. L. 95-524, Oct. 27, 1978, 92 Stat. 2021; and Sec.
302(c)(7) was amended by Pub. L. 101-273, Apr. 18, 1990, 104 Stat. 138.]
(d) [Penalty for violations]
(1) Any person who participates in a transaction involving a payment,
loan, or delivery of money or other thing of value to a labor
organization in payment of membership dues or to a joint labor-
management trust fund as defined by clause (B) of the proviso to clause
(5) of subsection (c) of this section or to a plant, area, or
industrywide labor-management committee that is received and used by
such labor organization, trust fund, or committee, which transaction
does not satisfy all the applicable requirements of subsections (c)(4)
through (c)(9) of this section, and willfully and with intent to benefit
himself or to benefit other persons he knows are not permitted to
receive a payment, loan, money, or other thing of value under
subsections (c)(4) through (c)(9) violates this subsection, shall, upon
conviction thereof, be guilty of a felony and be subject to a fine of
not more than $15,000, or imprisoned for not more than five years, or
both; but if the value of the amount of money or thing of value involved
in any violation of the provisions of this section does not exceed
$1,000, such person shall be guilty of a misdemeanor and be subject to a
fine of not more than $10,000, or imprisoned for not more than one year,
or both.
(2) Except for violations involving transactions covered by subsection
(d)(1) of this section, any person who willfully violates this section
shall, upon conviction thereof, be guilty of a felony and be subject to
a fine of not more than $15,000, or imprisoned for not more than five
years, or both; but if the value of the amount of money or thing of
value involved in any violation of the provisions of this section does
not exceed $1,000, such person shall be guilty of a misdemeanor and be
subject to a fine of not more than $10,000, or imprisoned for not more
than one year, or both.
[As amended Oct. 27, 1978, Pub. L. 95-524, Sec. 6(d), 92 Stat. 2021;
Oct. 12, 1984, Pub. L. 98-473, Title II, Sec. 801, 98 Stat. 2131; Apr.
18, 1990, Pub. L. 101-273, Sec. 1, 104 Stat. 138.]
[[Page 289]]
(e) [Jurisdiction of courts] The district courts of the United States
and the United States courts of the Territories and possessions shall
have jurisdiction, for cause shown, and subject to the provisions of
rule 65 of the Federal Rules of Civil Procedure [section 381 (repealed)
of title 28] (relating to notice to opposite party) to restrain
violations of this section, without regard to the provisions of section
7 of title 15 and section 52 of title 29, United States Code [of this
title] [known as the ``Clayton Act''], and the provisions of sections
101 to 115 of title 29, United States Code [chapter 6 of this title]
[known as the ``Norris-LaGuardia Act''].
(f) [Effective date of provisions] This section shall not apply to
any contract in force on June 23, 1947, until the expiration of such
contract, or until July 1, 1948, whichever first occurs.
(g) [Contributions to trust funds] Compliance with the restrictions
contained in subsection (c)(5)(B) [of this section] upon contributions
to trust funds, otherwise lawful, shall not be applicable to
contributions to such trust funds established by collective agreement
prior to January 1, 1946, nor shall subsection (c)(5)(A) [of this
section] be construed as prohibiting contributions to such trust funds
if prior to January 1, 1947, such funds contained provisions for pooled
vacation benefits.
boycotts and other unlawful combinations
Sec. 303. [Sec. 187.] (a) It shall be unlawful, for the purpose of
this section only, in an industry or activity affecting commerce, for
any labor organization to engage in any activity or conduct defined as
an unfair labor practice in section 8(b)(4) of the National Labor
Relations Act [section 158(b)(4) of this title].
(b) Whoever shall be injured in his business or property by reason of
any violation of subsection (a) [of this section] may sue therefor in
any district court of the United States subject to the limitation and
provisions of section 301 hereof [section 185 of this title] without
respect to the amount in controversy, or in any other court having
jurisdiction of the parties, and shall recover the damages by him
sustained and the cost of the suit.
restriction on political contributions
Sec. 304. Repealed.
[See sec. 316 of the Federal Election Campaign Act of 1972, 2 U.S.C.
Sec. 441b.]
Sec. 305. [Sec. 188.] Strikes by Government employees. Repealed.
[See 5 U.S.C. Sec. 7311 and 18 U.S.C. Sec. 1918.]
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TITLE IV
[Title 29, Chapter 7, Subchapter V, United States Code]
creation of joint committee to study and report on basic problems
affecting friendly labor relations and productivity
Secs. 401-407. [Sec. Sec. 191-197.] Omitted.
TITLE V
[Title 29, Chapter 7, Subchapter I, United States Code]
definitions
Sec. 501. [Sec. 142.] When used in this Act [chapter]--
(1) The term ``industry affecting commerce'' means any industry or
activity in commerce or in which a labor dispute would burden or
obstruct commerce or tend to burden or obstruct commerce or the free
flow of commerce.
(2) The term ``strike'' includes any strike or other concerted
stoppage of work by employees (including a stoppage by reason of the
expiration of a collective-bargaining agreement) and any concerted
slowdown or other concerted interruption of operations by employees.
(3) The terms ``commerce,'' ``labor disputes,'' ``employer,''
``employee,'' ``labor organization,'' ``representative,'' ``person,''
and ``supervisor'' shall have the same meaning as when used in the
National Labor Relations Act as amended by this Act [in subchapter II of
this chapter].
saving provision
Sec. 502. [Sec. 143.] [Abnormally dangerous conditions] Nothing in
this Act [chapter] shall be construed to require an individual employee
to render labor or service without his consent, nor shall anything in
this Act [chapter] be construed to make the quitting of his labor by an
individual employee an illegal act; nor shall any court issue any
process to compel the performance by an individual employee of such
labor or service, without his consent; nor shall the quitting of labor
by an employee or employees in good faith because of abnormally
dangerous conditions for work at the place of employment of such
employee or employees be deemed a strike under this Act [chapter].
separability
Sec. 503. [Sec. 144.] If any provision of this Act [chapter], or the
application of such provision to any person or circumstance, shall be
held invalid, the remainder of this Act [chapter], or the application of
such provision to persons or circumstances other than those as to which
it is held invalid, shall not be affected thereby.
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