- § 171. Declaration of purpose and policy
- § 172. Federal Mediation and Conciliation Service
- § 173. Functions of Service
- § 174. Co-equal obligations of employees, their representatives, and management to minimize labor disputes
- § 175. National Labor-Management Panel; creation and composition; appointment, tenure, and compensation; duties
- § 175a. Assistance to plant, area, and industrywide labor management committees
- § 176. National emergencies; appointment of board of inquiry by President; report; contents; filing with Service
- § 177. Board of inquiry
- § 178. Injunctions during national emergency
- § 179. Injunctions during national emergency; adjustment efforts by parties during injunction period
- § 180. Discharge of injunction upon certification of results of election or settlement; report to Congress
- § 181. Compilation of collective bargaining agreements, etc.; use of data
- § 182. Exemption of Railway Labor Act from subchapter
- § 183. Conciliation of labor disputes in the health care industry
§ 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 interests of employers and employees can most satisfactorily be secured by the settlement of issues between employers and employees through the processes of conference and collective bargaining between employers and the representatives of their employees;
(b) the settlement of issues between employers and employees through collective bargaining may be 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.
(June 23, 1947, ch. 120, title II, § 201, 61 Stat. 152.)
§ 172. Federal Mediation and Conciliation Service
(a) Creation; appointment of Director
(b) Appointment of officers and employees; expenditures for supplies, facilities, and services
(c) Principal and regional offices; delegation of authority by Director; annual report to Congress
(d) Transfer of all mediation and conciliation services to Service; effective date; pending proceedings unaffected
(June 23, 1947, ch. 120, title II, § 202, 61 Stat. 153; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972.)
§ 173. Functions of Service
(a) Settlement of disputes through conciliation and mediation
(b) Intervention on motion of Service or request of parties; avoidance of mediation of minor disputes
(c) Settlement of disputes by other means upon failure of conciliation
(d) Use of conciliation and mediation services as last resort
(e) Encouragement and support of establishment and operation of joint labor management activities conducted by committees
(f) Use of alternative means of dispute resolution procedures; assignment of neutrals and arbitrators
(June 23, 1947, ch. 120, title II, § 203, 61 Stat. 153; Pub. L. 95–524, § 6(c)(1), Oct. 27, 1978, 92 Stat. 2020; Pub. L. 101–552, § 7, Nov. 15, 1990, 104 Stat. 2746; Pub. L. 102–354, § 5(b)(5), Aug. 26, 1992, 106 Stat. 946; Pub. L. 104–320, § 4(c), Oct. 19, 1996, 110 Stat. 3871.)
§ 174. Co-equal obligations of employees, their representatives, and management to minimize labor disputes
(a)1
1 So in original. No subsec. (b) has been enacted.
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 chapter for the purpose of aiding in a settlement of the dispute.
(June 23, 1947, ch. 120, title II, § 204, 61 Stat. 154.)
§ 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 selected 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.
(June 23, 1947, ch. 120, title II, § 205, 61 Stat. 154.)
§ 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 assistance 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 157 of this title, or the interference with collective bargaining in any plant, or industry.
(c) Establishment of office
(d) Authorization of appropriations
(June 23, 1947, ch. 120, title II, § 205A, as added Pub. L. 95–524, § 6(c)(2), Oct. 27, 1978, 92 Stat. 2020.)
§ 176. National emergencies; 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, 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.
(June 23, 1947, ch. 120, title II, § 206, 61 Stat. 155.)
§ 177. Board of inquiry
(a) Composition
(b) Compensation
(c) Powers of discovery
(June 23, 1947, ch. 120, title II, § 207, 61 Stat. 155.)
§ 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 lock-out or the continuing thereof, and if the court finds that such threatened or actual strike or lock-out—
(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.
(b) Inapplicability of chapter 6
(c) Review of orders
(June 23, 1947, ch. 120, title II, § 208, 61 Stat. 155; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.)
§ 179. Injunctions during national emergency; adjustment efforts by parties during injunction period
(a) Assistance of Service; acceptance of Service’s proposed settlement
(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
(June 23, 1947, ch. 120, title II, § 209, 61 Stat. 155.)
§ 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.
(June 23, 1947, ch. 120, title II, § 210, 61 Stat. 156.)
§ 181. Compilation of collective bargaining agreements, etc.; use of data
(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.
(June 23, 1947, ch. 120, title II, § 211, 61 Stat. 156.)
§ 182. Exemption of Railway Labor Act from subchapter
The provisions of this 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. 151 et seq.], as amended from time to time.
(June 23, 1947, ch. 120, title II, § 212, 61 Stat. 156.)
§ 183. Conciliation of labor disputes in the health care industry
(a) Establishment of Boards of Inquiry; membership
(b) Compensation of members of Boards of Inquiry
(1) Members of any board established under this section who are otherwise employed 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, 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
(d) Authorization of appropriations
(June 23, 1947, ch. 120, title II, § 213, as added Pub. L. 93–360, § 2, July 26, 1974, 88 Stat. 396.)