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29 U.S.C. § 159 — Representatives and elections

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 159 — Representatives and elections

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Source file: Laws/federal/codes/united-states-code/title-29/section-159-representatives-and-elections--6aa301c58a.md
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Source location: Title 29, Chapter 7, § 159; chapter-007-labor-management-relations.md

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**(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 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 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 vote 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 subsection (a), 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 subsection (a); 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 subsection (a); 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 160(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section160/c&num=0&edition=prelim). (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 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 run-off 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) 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 160(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section160/c&num=0&edition=prelim) 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 subsection (e) or (f) of [section 160 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section160&num=0&edition=prelim), 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 a labor organization made pursuant to [section 158(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section158/a/3&num=0&edition=prelim), of a petition alleging they desire that such authority 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.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 151 — Findings and declaration of policy

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.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 431 — Report of labor organizations

**(a) Adoption and filing of constitution and bylaws; contents of report** Every labor organization shall adopt a constitution and bylaws and shall file a copy thereof with the Secretary, together with a report, signed by its president and secretary or corresponding principal officers, containing the following information— (1) the name of the labor organization, its mailing address, and any other address at which it maintains its principal office or at which it keeps the records referred to in this subchapter; (2) the name and title of each of its officers; (3) the initiation fee or fees required from a new or transferred member and fees for work permits required by the reporting labor organization; (4) the regular dues or fees or other periodic payments required to remain a member of the reporting labor organization; and (5) detailed statements, or references to specific provisions of documents filed under this subsection which contain such statements, showing the provision made and procedures followed with respect to each of the following: (A) qualifications for or restrictions on membership, (B) levying of assessments, (C) participation in insurance or other benefit plans, (D) authorization for disbursement of funds of the labor organization, (E) audit of financial transactions of the labor organization, (F) the calling of regular and special meetings, (G) the selection of officers and stewards and of any representatives to other bodies composed of labor organizations’ representatives, with a specific statement of the manner in which each officer was elected, appointed, or otherwise selected, (H) discipline or removal of officers or agents for breaches of their trust, (I) imposition of fines, suspensions, and expulsions of members, including the grounds for such

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 160 — Prevention of unfair labor practices

**(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 158 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section158&num=0&edition=prelim)) affecting commerce. This power shall not be affected by any other means of adjustment or prevention that has been or may be established by agreement, 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 predominantly 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 subchapter or has received a construction inconsistent therewith. **(b) Complaint and notice of hearing; 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 servi

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 153 — National Labor Relations Board

**(a) Creation, composition, appointment, and tenure; Chairman; removal of members** The National Labor Relations Board (hereinafter called the “Board”) created by this subchapter prior to its amendment by the Labor Management Relations Act, 1947 [[29 U.S.C. 141](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section141&num=0&edition=prelim) 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 159 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section159&num=0&edition=prelim) to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, and determine whether a question

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1403 — Withdrawal liability payment fund

**(a) Establishment of or participation in fund by plan sponsors** The plan sponsors of multiemployer plans may establish or participate in a withdrawal liability payment fund. **(b) Definitions** For purposes of this section, the term “withdrawal liability payment fund”, and the term “fund”, mean a trust which— (1) is established and maintained under [section 501(c)(22) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c/22&num=0&edition=prelim), (2) maintains agreements which cover a substantial portion of the participants who are in multiemployer plans which (under the rules of the trust instrument) are eligible to participate in the fund, (3) is funded by amounts paid by the plans which participate in the fund, and (4) is administered by a Board of Trustees, and in the administration of the fund there is equal representation of— (A) trustees representing employers who are obligated to contribute to the plans participating in the fund, and (B) trustees representing employees who are participants in plans which participate in the fund. **(c) Payments to plan; amount, criteria, etc.** (1) If an employer withdraws from a plan which participates in a withdrawal liability payment fund, then, to the extent provided in the trust, the fund shall pay to that plan— (A) the employer’s unattributable liability, (B) the employer’s withdrawal liability payments which would have been due but for section 1388, 1389, 1399, or 1405 of this title,11 So in original. Probably should be followed by “and”. (C) the employer’s withdrawal liability payments to the extent they are uncollectible. (2) The fund may provide for the payment of the employer’s attributable liability if the fund— (A) provides for the payment of both

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 158 — Unfair labor practices

**(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 157 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section157&num=0&edition=prelim); (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 156 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section156&num=0&edition=prelim), 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 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 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 159(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section159/a&num=0&edition=prelim), in the appropriate collective-bargaining unit covered by such agreement when made, and (ii) unless following an e

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 168 — Validation of certificates and other Board actions

No petition entertained, no investigation made, no election held, and no certification issued by the National Labor Relations Board, under any of the provisions of [section 159 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section159&num=0&edition=prelim), shall be invalid by reason of the failure of the Congress of Industrial Organizations to have complied with the requirements of section 159(f), (g), or (h) of this title prior to December 22, 1949, or by reason of the failure of the American Federation of Labor to have complied with the provisions of section 159(f), (g), or (h) of this title prior to November 7, 1947: Provided, That no liability shall be imposed under any provision of this chapter upon any person for failure to honor any election or certificate referred to above, prior to October 22, 1951: Provided, however, That this proviso shall not have the effect of setting aside or in any way affecting judgments or decrees heretofore entered under section 160(e) or (f) of this title and which have become final.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 159 — Representatives and elections

Page 44 TITLE 29—LABOR § 158a shall not be given until the expiration of the pe- riod specified in clause (B) of the last sentence of subsection (d). The notice shall state the date and time that such action will commence. The notice, once given, may be extended by the writ- ten agreement of both parties. (July 5, 1935, ch. 372, § 8, 49 Stat. 452; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 140; Oct. 22, 1951, ch. 534, § 1(b), 65 Stat. 601; Pub. L. 86–257, title II, § 201(e), title VII, §§ 704(a)–(c), 705(a), Sept. 14, 1959, 73 Stat. 525, 542–545; Pub. L. 93–360, § 1(c)–(e), July 26, 1974, 88 Stat. 395, 396.) Editorial Notes AMENDMENTS 1974—Subsec. (d). Pub. L. 93–360, § 1(c), (d), substituted ‘‘any notice’’ for ‘‘the sixty-day’’ and inserted ‘‘, or who engages in any strike within the appropriate pe- riod specified in subsection (g) of this section,’’ in loss- of-employee-status provision and inserted enumeration of modifications to this subsection which are to be ap- plied whenever the collective bargaining involves em- ployees of a health care institution. Subsec. (g). Pub. L. 93–360, § 1(e), added subsec. (g). 1959—Subsec. (a)(3). Pub. L. 86–257, § 201(e), struck out ‘‘and has at the time the agreement was made or with- in the preceding twelve months received from the Board a notice of compliance with sections 159(f), (g), (h) of this title’’ after ‘‘such agreement when made’’ in cl. (i). Subsec. (b)(4). Pub. L. 86–257, § 704(a), among other changes, substituted ‘‘induce or encourage any indi- vidual 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’’ for ‘‘induce or encourage the employees of any employer to engage in, a strike or a conce

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