TAFT-HARTLEY Act part II

Posted by admin on: 2007-08-01 18:12:06

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, 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

(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.

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 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.

(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

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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 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 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.]

(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.]

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.