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

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

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

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Source location: Title 29, Chapter 7, § 153; chapter-007-labor-management-relations.md

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**(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 of representation exists, and to direct an election or take a secret ballot under subsection (c) or (e) of [section 159 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section159&num=0&edition=prelim) and certify the results thereof, except that upon the filing of a request therefor with the Board by any interested person, the Board may review any action of a regional director delegated to him under this paragraph, but such a review shall not, unless specifically ordered by the Board, operate as a stay of any action taken by the regional director. A vacancy in the Board shall not impair the right of the remaining members to exercise all of the powers of the Board, and three members of the Board shall, at all times, constitute a quorum of the Board, except that two members shall constitute a quorum of any group designated pursuant to the first sentence hereof. The Board shall have an official seal which shall be judicially noticed. **(c) Annual reports to Congress and the President** The Board shall at the close of each fiscal year make a report in writing to Congress and to the President summarizing significant case activities and operations for that fiscal year. **(d) General Counsel; appointment and tenure; powers and duties; vacancy** There shall be a General Counsel of the Board who shall be appointed by the President, by and with the advice and consent of the Senate, for a term of four years. The General Counsel of the Board shall exercise general supervision over all attorneys employed by the Board (other than administrative law judges and legal assistants to Board members) and over the officers and employees in the regional offices. He shall have final authority, on behalf of the Board, in respect of the investigation of charges and issuance of complaints under [section 160 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section160&num=0&edition=prelim), and in respect of the prosecution of such complaints before the Board, and shall have such other duties as the Board may prescribe or as may be provided by law. In case of a vacancy in the office of the General Counsel the President is authorized to designate the officer or employee who shall act as General Counsel during such vacancy, but no person or persons so designated shall so act (1) for more than forty days when the Congress is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or (2) after the adjournment sine die of the session of the Senate in which such nomination was submitted.

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

31 U.S.C. § 1113 — Congressional information

**(a)** (1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information. (2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee. **(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall— (1) provide information on the location and kind of available fiscal, budget, and program information; (2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and (3) provide a program evaluation carried out or commissioned by an executive agency. **(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall— (1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system; (2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and (3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory

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

**(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 representatio

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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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5 U.S.C. § 3105 — Appointment of administrative law judges

Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Administrative law judges shall be assigned to cases in rotation so far as practicable, and may not perform duties inconsistent with their duties and responsibilities as administrative law judges.

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29 U.S.C. § 141 — Short title; Congressional declaration of purpose and policy

**(a)** This chapter may be cited as the “Labor Management Relations Act, 1947”. **(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 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.

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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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29 U.S.C. § 152 — Definitions

When used in this subchapter— (1) The term “person” includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in cases under title 11, or receivers. (2) The term “employer” includes any person acting as an agent of an employer, directly or indirectly, but shall not include the United States or any wholly owned Government corporation, or any Federal Reserve Bank, or any State or political subdivision thereof, or any person subject to the Railway Labor Act [[45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.], as amended from time to time, or any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization. (3) The term “employee” shall include any employee, and shall not be limited to the employees of a particular employer, unless this subchapter explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse, or any individual having the status of an independent contractor, or any individual employed as a supervisor, or any individual employed by an employer subject to the Railway Labor Act [[45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.], as amended from time to

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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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29 U.S.C. § 141 — Short title; Congressional declaration of

Page 34 TITLE 29—LABOR § 141 Sec. 152. Definitions. 153. National Labor Relations Board. 154. National Labor Relations Board; eligibility for reappointment; officers and employees; payment of expenses. 155. National Labor Relations Board; principal of- fice, conducting inquiries throughout coun- try; participation in decisions or inquiries conducted by member. 156. Rules and regulations. 157. Right of employees as to organization, collec- tive bargaining, etc. 158. Unfair labor practices. 158a. Providing facilities for operations of Federal Credit Unions. 159. Representatives and elections. 160. Prevention of unfair labor practices. 161. Investigatory powers of Board. 162. Offenses and penalties. 163. Right to strike preserved. 164. Construction of provisions. 165. Conflict of laws. 166. Separability. 167. Short title of subchapter. 168. Validation of certificates and other Board ac- tions. 169. Employees with religious convictions; pay- ment of dues and fees. SUBCHAPTER III—CONCILIATION OF LABOR DISPUTES; NATIONAL EMERGENCIES 171. Declaration of purpose and policy. 172. Federal Mediation and Conciliation Service. 173. Functions of Service. 174. Co-equal obligations of employees, their rep- resentatives, and management to minimize labor disputes. 175. National Labor-Management Panel; creation and composition; appointment, tenure, and compensation; duties. 175a. Assistance to plant, area, and industrywide labor management committees. 176. National emergencies; appointment of board of inquiry by President; report; contents; filing with Service. 177. Board of inquiry. 178. Injunctions during national emergency. 179. Injunctions during national emergency; ad- justment efforts by parties during injunc- tio

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

Page 38 TITLE 29—LABOR § 153 1 So in original. Probably should be ‘‘persons.’’ (10) The term ‘‘National Labor Relations Board’’ means the National Labor Relations Board provided for in section 153 of this title. (11) The term ‘‘supervisor’’ means any indi- vidual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of inde- pendent judgment. (12) The term ‘‘professional employee’’ means— (a) any employee engaged in work (i) pre- dominantly intellectual and varied in char- acter as opposed to routine mental, manual, mechanical, or physical work; (ii) involving the consistent exercise of discretion and judgment in its performance; (iii) of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; (iv) re- quiring knowledge of an advanced type in a field of science or learning customarily ac- quired by a prolonged course of specialized intellectual instruction and study in an in- stitution of higher learning or a hospital, as distinguished from a general academic edu- cation or from an apprenticeship or from training in the performance of routine men- tal, manual, or physical processes; or (b) any employee, who (i) has completed the courses of specialized intellectual in- struction and study described in clause (iv) of paragraph (a), and (ii) is performing re- lated work under the supervision of a profes- sional person to qualify

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