Arkansas Legal Resource Navigator

29 U.S.C. § 164 — Construction of provisions

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

29 U.S.C. § 164 — Construction of provisions

**(a) Supervisors as union members** Nothing herein shall prohibit any individual employed as a supervisor from becoming or remaining a member of a labor organization, but no employer subject to this subchapter shall be compelled to deem individuals defined herein as supervisors as employees for the purpose of any law, either national or local, relating to collective bargaining. **(b) Agreements requiring union membership in violation of State law** Nothing in this subchapter shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization as a condition of employment in any State or Territory in which such execution or application is prohibited by State or Territorial law. **(c) Power of Board to decline jurisdiction of labor disputes; assertion of jurisdiction by State and Territorial courts** (1) The Board, in its discretion, may, by rule of decision or by published rules adopted pursuant to subchapter II of chapter 5 of title 5, decline to assert jurisdiction over any labor dispute involving any class or category of employers, where, in the opinion of the Board, the effect of such labor dispute on commerce is not sufficiently substantial to warrant the exercise of its jurisdiction: Provided, That the Board shall not decline to assert jurisdiction over any labor dispute over which it would assert jurisdiction under the standards prevailing upon August 1, 1959. (2) Nothing in this subchapter shall be deemed to prevent or bar any agency or the courts of any State or Territory (including the Commonwealth of Puerto Rico, Guam, and the Virgin Islands), from assuming and asserting jurisdiction over labor disputes over which the Board declines, pursuant to paragraph (1) of this subsection, to assert jurisdiction.

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 164

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: fa67c020c61835285edcc815096675afcefb20367887bda8d5de6c53578f898e. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_d724603a344367e356fc9474
Source file: Laws/federal/codes/united-states-code/title-29/section-164-construction-of-provisions--3c1b5da4be.md
Pages: Not recorded – Not recorded
Passage SHA-256: 6143e3e7c3421ab862e8fe07b661e7bf65b7323db53c77ec93450ee0da5f5717

Source location: Title 29, Chapter 7, § 164; chapter-007-labor-management-relations.md

Stored source content

**(a) Supervisors as union members** Nothing herein shall prohibit any individual employed as a supervisor from becoming or remaining a member of a labor organization, but no employer subject to this subchapter shall be compelled to deem individuals defined herein as supervisors as employees for the purpose of any law, either national or local, relating to collective bargaining. **(b) Agreements requiring union membership in violation of State law** Nothing in this subchapter shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization as a condition of employment in any State or Territory in which such execution or application is prohibited by State or Territorial law. **(c) Power of Board to decline jurisdiction of labor disputes; assertion of jurisdiction by State and Territorial courts** (1) The Board, in its discretion, may, by rule of decision or by published rules adopted pursuant to subchapter II of chapter 5 of title 5, decline to assert jurisdiction over any labor dispute involving any class or category of employers, where, in the opinion of the Board, the effect of such labor dispute on commerce is not sufficiently substantial to warrant the exercise of its jurisdiction: Provided, That the Board shall not decline to assert jurisdiction over any labor dispute over which it would assert jurisdiction under the standards prevailing upon August 1, 1959. (2) Nothing in this subchapter shall be deemed to prevent or bar any agency or the courts of any State or Territory (including the Commonwealth of Puerto Rico, Guam, and the Virgin Islands), from assuming and asserting jurisdiction over labor disputes over which the Board declines, pursuant to paragraph (1) of this subsection, to assert jurisdiction.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 151

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

29 U.S.C. § 165 — Conflict of laws

Wherever the application of the provisions of section 272 of chapter 10 of the Act entitled “An Act to establish a uniform system of bankruptcy throughout the United States”, approved July 1, 1898, and Acts amendatory thereof and supplementary thereto (U.S.C., title 11, sec. 672), conflicts with the application of the provisions of this subchapter, this subchapter shall prevail: Provided, That in any situation where the provisions of this subchapter cannot be validly enforced, the provisions of such other Acts shall remain in full force and effect.

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 165

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

29 U.S.C. § 164 — Construction of provisions

Page 51 TITLE 29—LABOR § 166 as either to interfere with or impede or diminish in any way the right to strike, or to affect the limitations or qualifications on that right. (July 5, 1935, ch. 372, § 13, 49 Stat. 457; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 151.) Editorial Notes AMENDMENTS 1947—Act June 23, 1947, amended section so as to pro- vide that except as specifically provided for in this sub- chapter nothing shall interfere with or diminish the right to strike and that nothing was to be construed to affect the limitations or qualifications on the right to strike, thus recognizing that the right to strike is not an unlimited and unqualified right. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1947 AMENDMENT For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. § 164. Construction of provisions (a) Supervisors as union members Nothing herein shall prohibit any individual employed as a supervisor from becoming or re- maining a member of a labor organization, but no employer subject to this subchapter shall be compelled to deem individuals defined herein as supervisors as employees for the purpose of any law, either national or local, relating to collec- tive bargaining. (b) Agreements requiring union membership in violation of State law Nothing in this subchapter shall be construed as authorizing the execution or application of agreements requiring membership in a labor or- ganization as a condition of employment in any State or Territory in which such execution or application is prohibited by State or Territorial law. (c) Power of Board to decline jurisdiction of labor disputes; assertion of jurisdiction by State and Territ

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 164

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.