Unofficial ILWU Local 19
History & Education
Unofficial ILWU Local 19
History & Education
TAFT-HARTLEY ACT
LABOR MANAGEMENT RELATIONS ACT
Also cited LMRA; 29 U.S.C. Sec. Sec. 141-197
[Title 29, Chapter 7,
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 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 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 therefore approved by the
Director or by any employee designated by him for that purpose.
(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.
(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 sub sec. (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.]
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
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 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,
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.
(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 there under 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,
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
(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 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.
