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29 U.S.C. § 173 — Functions of Service
Federal law — U.S. Code and appendices · legal_authorities
**(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 conciliation** 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, lock-out, 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
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Source location: Title 29, Chapter 7, § 173; chapter-007-labor-management-relations.md
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**(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 conciliation** 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, lock-out, 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 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 175a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section175a&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section573&num=0&edition=prelim) may be assigned to act as neutrals. The Service shall consult with the agency designated by, or the interagency committee designated or established by, the President under [section 573 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section573&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A neutral may be a permanent or temporary officer or employee of the Federal Government or any other individual who is acceptable to the parties to a dispute resolution proceeding. A neutral shall have no official, financial, or personal conflict of interest with respect to the issues in controversy, unless such interest is fully disclosed in writing to all parties and all parties agree that the neutral may serve.
**(b)** A neutral who serves as a conciliator, facilitator, or mediator serves at the will of the parties.
**(c)** The President shall designate an agency or designate or establish an interagency committee to facilitate and encourage agency use of dispute resolution under this subchapter. Such agency or interagency committee, in consultation with other appropriate Federal agencies and professional organizations experienced in matters concerning dispute resolution, shall—
(1) encourage and facilitate agency use of alternative means of dispute resolution; and
(2) develop procedures that permit agencies to obtain the services of neutrals on an expedited basis.
**(d)** An agency may use the services of one or more employees of other agencies to serve as neutrals in dispute resolution proceedings. The agencies may enter into an interagency agreement that provides for the reimbursement by the user agency or the parties of the full or partial cost of the services of such an employee.
**(e)** Any agency may enter into a contract with any person for services as a neutral, or for training in connection with alternative means of dispute resolution. The parties in a dispute resolution proceeding shall agree on compensation for the neutral that is fair and reasonable to the Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 573
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 175a
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this subchapter is to establish a framework for the conduct of negotiated rulemaking, consistent with [section 553 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), to encourage agencies to use the process when it enhances the informal rulemaking process. Nothing in this subchapter should be construed as an attempt to limit innovation and experimentation with the negotiated rulemaking process or with other innovative rulemaking procedures otherwise authorized by law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 561
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter, the term—
(1) “agency” has the same meaning as in [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim);
(2) “administrative program” includes a Federal function which involves protection of the public interest and the determination of rights, privileges, and obligations of private persons through rule making, adjudication, licensing, or investigation, as those terms are used in subchapter II of this chapter;
(3) “alternative means of dispute resolution” means any procedure that is used to resolve issues in controversy, including, but not limited to, conciliation, facilitation, mediation, factfinding, minitrials, arbitration, and use of ombuds, or any combination thereof;
(4) “award” means any decision by an arbitrator resolving the issues in controversy;
(5) “dispute resolution communication” means any oral or written communication prepared for the purposes of a dispute resolution proceeding, including any memoranda, notes or work product of the neutral, parties or nonparty participant; except that a written agreement to enter into a dispute resolution proceeding, or final written agreement or arbitral award reached as a result of a dispute resolution proceeding, is not a dispute resolution communication;
(6) “dispute resolution proceeding” means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate;
(7) “in confidence” means, with respect to information, that the information is provided—
(A) with the expressed intent of the source that it not be disclosed; or
(B) under circumstances that would create the reasonable expectat
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 571
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Federal law — U.S. Code and appendices · legal_authorities
Page 54
TITLE 29—LABOR
§ 173
employee shall not be affected by section 1106(a). The
Classification Act of 1949 was repealed by Pub. L.
89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632 (of which section
1 revised and enacted Title 5, Government Organization
and Employees, into law). Section 5102 of Title 5 con-
tains the applicability provisions of the 1949 Act, and
section 5103 of Title 5 authorizes the Office of Personnel
Management to determine the applicability to specific
positions and employees.
AMENDMENTS
1949—Subsec. (b). Act Oct. 28, 1949, substituted ‘‘Clas-
sification Act of 1949’’ for ‘‘Classification Act of 1923’’.
Statutory Notes and Related Subsidiaries
REPEALS
Act Oct. 28, 1949, ch. 782, cited as a credit to this sec-
tion, was repealed (subject to a savings clause) by Pub.
L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (c) requiring the Director to make an annual
report in writing to Congress at the end of the fiscal
year, see section 3003 of Pub. L. 104–66, set out as a note
under section 1113 of Title 31, Money and Finance, and
page 171 of House Document No. 103–7.
§ 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 com-
merce, eithe
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 173
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.