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29 U.S.C. § 161 — Investigatory powers of Board
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of all hearings and investigations, which, in the opinion of the Board, are necessary and proper for the exercise of the powers vested in it by sections 159 and 160 of this title—
(1) **Documentary evidence; summoning witnesses and taking testimony** — The Board, or its duly authorized agents or agencies, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to any matter under investigation or in question. The Board, or any member thereof, shall upon application of any party to such proceedings, forthwith issue to such party subpenas requiring the attendance and testimony of witnesses or the production of any evidence in such proceedings or investigation requested in such application. Within five days after the service of a subpena on any person requiring the production of any evidence in his possession or under his control, such person may petition the Board to revoke, and the Board shall revoke, such subpena if in its opinion the evidence whose production is required does not relate to any matter under investigation, or any matter in question in such proceedings, or if in its opinion such subpena does not describe with sufficient particularity the evidence whose production is required. Any member of the Board, or any agent or agency designated by the Board for such purposes, may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place in the United States or any Territory or possession thereof, at any designated place of hearing.
(2) **Court aid in compelling production of evidence and attendance of witnesses** —
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 161
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Stable record: federal_law:legal_authorities:record_usc_55764e2c6dd289fab90ae33f
Source file: Laws/federal/codes/united-states-code/title-29/section-161-investigatory-powers-of-board--4925df5711.md
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Source location: Title 29, Chapter 7, § 161; chapter-007-labor-management-relations.md
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For the purpose of all hearings and investigations, which, in the opinion of the Board, are necessary and proper for the exercise of the powers vested in it by sections 159 and 160 of this title—
(1) **Documentary evidence; summoning witnesses and taking testimony** — The Board, or its duly authorized agents or agencies, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to any matter under investigation or in question. The Board, or any member thereof, shall upon application of any party to such proceedings, forthwith issue to such party subpenas requiring the attendance and testimony of witnesses or the production of any evidence in such proceedings or investigation requested in such application. Within five days after the service of a subpena on any person requiring the production of any evidence in his possession or under his control, such person may petition the Board to revoke, and the Board shall revoke, such subpena if in its opinion the evidence whose production is required does not relate to any matter under investigation, or any matter in question in such proceedings, or if in its opinion such subpena does not describe with sufficient particularity the evidence whose production is required. Any member of the Board, or any agent or agency designated by the Board for such purposes, may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place in the United States or any Territory or possession thereof, at any designated place of hearing.
(2) **Court aid in compelling production of evidence and attendance of witnesses** — In case of contumacy or refusal to obey a subpena issued to any person, any district court of the United States or the United States courts of any Territory or possession, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Board shall have jurisdiction to issue to such person an order requiring such person to appear before the Board, its member, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof.
(3) **Repealed. Pub. L. 91–452, title II, § 234, Oct. 15, 1970, 84 Stat. 930**
(4) **Process, service and return; fees of witnesses** — Complaints, orders, and other process and papers of the Board, its member, agent, or agency, may be served either personally or by registered or certified mail or by telegraph or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving the same setting forth the manner of such service shall be proof of the same, and the return post office receipt or telegraph receipt therefor when registered or certified and mailed or when telegraphed as aforesaid shall be proof of service of the same. Witnesses summoned before the Board, its member, agent, or agency, shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States.
(5) **Process, where served** — All process of any court to which application may be made under this subchapter may be served in the judicial district wherein the defendant or other person required to be served resides or may be found.
(6) **Information and assistance from departments** — The several departments and agencies of the Government, when directed by the President, shall furnish the Board, upon its request, all records, papers, and information in their possession relating to any matter before the Board.
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Federal law — U.S. Code and appendices · legal_authorities
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
The District of Columbia constitutes one judicial district.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) “agency of the United States” means any executive department as defined in [section 101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section101&num=0&edition=prelim), United States Code, a military department as defined in [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim), United States Code, the Nuclear Regulatory Commission, the Board of Governors of the Federal Reserve System, the China Trade Act registrar appointed under 53 Stat. 1432 (15 U.S.C. sec. 143), the Commodity Futures Trading Commission, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal Maritime Commission, the Federal Power Commission, the Federal Trade Commission, the Surface Transportation Board, the National Labor Relations Board, the National Transportation Safety Board, the Railroad Retirement Board, an arbitration board established under 48 Stat. 1193 (45 U.S.C. sec. 157), the Securities and Exchange Commission, or a board established under 49 Stat. 31 (15 U.S.C. sec. 715d);
(2) “other information” includes any book, paper, document, record, recording, or other material;
(3) “proceeding before an agency of the United States” means any proceeding before such an agency with respect to which it is authorized to issue subpenas and to take testimony or receive other information from witnesses under oath; and
(4) “court of the United States” means any of the following courts: the Supreme Court of the United States, a United States court of appeals, a United States district court established under chapter 5, title 28, United States Code, a United States bankruptcy court established under chapter 6, title 28, United States
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) “racketeering activity” means (A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), which is chargeable under State law and punishable by imprisonment for more than one year; (B) any act which is indictable under any of the following provisions of title 18, United States Code: Section 201 (relating to bribery), section 224 (relating to sports bribery), sections 471, 472, and 473 (relating to counterfeiting), section 659 (relating to theft from interstate shipment) if the act indictable under section 659 is felonious, section 664 (relating to embezzlement from pension and welfare funds), sections 891–894 (relating to extortionate credit transactions), section 932 (relating to straw purchasing), section 933 (relating to trafficking in firearms), section 1028 (relating to fraud and related activity in connection with identification documents), section 1029 (relating to fraud and related activity in connection with access devices), section 1084 (relating to the transmission of gambling information), section 1341 (relating to mail fraud), section 1343 (relating to wire fraud), section 1344 (relating to financial institution fraud), section 1351 (relating to fraud in foreign labor contracting), section 1425 (relating to the procurement of citizenship or nationalization unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (relating to the sale of naturalization or citizenship papers), sections 1461–1465 (relating to obscene matter), section 1503 (relating to obstruction of justice), section 1510 (relating
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; membership; appointment; Chairman** The Occupational Safety and Health Review Commission is hereby established. The Commission shall be composed of three members who shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who by reason of training, education, or experience are qualified to carry out the functions of the Commission under this chapter. The President shall designate one of the members of the Commission to serve as Chairman.
**(b) Terms of office; removal by President** The terms of members of the Commission shall be six years except that (1) the members of the Commission first taking office shall serve, as designated by the President at the time of appointment, one for a term of two years, one for a term of four years, and one for a term of six years, and (2) a vacancy caused by the death, resignation, or removal of a member prior to the expiration of the term for which he was appointed shall be filled only for the remainder of such unexpired term. A member of the Commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office.
**(c) Omitted**
**(d) Principal office; hearings or other proceedings at other places** The principal office of the Commission shall be in the District of Columbia. Whenever the Commission deems that the convenience of the public or of the parties may be promoted, or delay or expense may be minimized, it may hold hearings or conduct other proceedings at any other place.
**(e) Functions and duties of Chairman; appointment and compensation of administrative law judges and other employees** The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission and shall appoint suc
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of all hearings and investigations conducted by the Commission or its duly authorized agents or agencies, [section 161 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section161&num=0&edition=prelim) shall apply.
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Federal law — U.S. Code and appendices · legal_authorities
Page 49
TITLE 29—LABOR
§ 161
out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
The rules of civil procedure for the district courts of
the United States, referred to in subsec. (b), are set out
in the Appendix to Title 28.
Chapter 6 (§ 101 et seq.) of this title, referred to in
subsec. (h), is a reference to act Mar. 23, 1932, ch. 90, 47
Stat. 70, popularly known as the Norris-LaGuardia Act.
CODIFICATION
In subsec. (b), ‘‘section 2072 of title 28’’ substituted
for ‘‘the Act of June 19, 1934 (U.S.C., title 28, secs. 723-
B, 723–C)’’ on authority of act June 25, 1948, ch. 646, 62
Stat. 869, section 1 of which enacted Title 28, Judiciary
and Judicial Procedure.
In subsec. (c), ‘‘administrative law judge or judges’’
and ‘‘such judge or judges’’ substituted for ‘‘examiner
or examiners’’ and ‘‘such examiner or examiners’’, re-
spectively, pursuant to section 3105 of Title 5, Govern-
ment Organization and Employees, and section 3 of
Pub. L. 95–251, Mar. 27, 1978, 92 Stat. 184, which is set
out as a note under section 3105 of Title 5.
In subsec. (f), ‘‘United States court of appeals’’ sub-
stituted for ‘‘circuit court of appeals of the United
States’’ on authority of act June 25, 1948, as amended
by act May 24, 1949.
As originally enacted subsecs. (j) and (l) contained
references to the District Court of the United States
for the District of Columbia. Act June 25, 1948, as
amended by act May 24, 1949, substituted ‘‘United
States District Court for the District of Columbia’’ for
‘‘District Court of the United States for the District of
Columbia’’. However, the words ‘‘United States District
Court for the District of Columbia’’ have now been de-
leted entirely as superfluous in view of section 132(a) of
Title 28, Judiciary and Judicia
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