29 U.S.C. § 157 — Right of employees as to organization, col-

Page 40 TITLE 29—LABOR § 155 spect to exceptions taken to his findings, rul- ings, or recommendations. The Board may es- tablish or utilize such regional, local, or other agencies, and utilize such voluntary and uncom- pensated services, as may from time to time be needed. Attorneys appointed under this section may, at the direction of the Board, appear for and represent the Board in any case in court. Nothing in this subchapter shall be construed to authorize the Board to appoint individuals for the purpose of conciliation or mediation, or for economic analysis. (b) All of the expenses of the Board, including all necessary traveling and subsistence expenses outside the District of Columbia incurred by the members or employees of the Board under its or- ders, shall be allowed and paid on the presen- tation of itemized vouchers therefor approved by the Board or by any individual it designates for that purpose. (July 5, 1935, ch. 372, § 4, 49 Stat. 451; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 139; Pub. L. 95–251, § 3, Mar. 27, 1978, 92 Stat. 184.) Editorial Notes CODIFICATION Provisions of subsec. (a) which prescribed the basic compensation of members of the Board and the General Counsel were omitted to conform to the provisions of the Executive Schedule. See sections 5314 and 5315 of Title 5, Government Organization and Employees. In subsec. (a), ‘‘administrative law judge’s’’ and ‘‘ad- ministrative law judge’’ substituted for ‘‘trial exam- iner’s’’ and ‘‘trial examiner’’, respectively, pursuant to section 3105 of Title 5, 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. AMENDMENTS 1947—Act June 23, 1947, amended section generally by increasing Board members’ salaries from $10,000 to $12,000 per annum, by providing a salary of $12,000 per annum for the General Counsel, striking out former subsec. (b) relating to termination of ‘‘Old Board’’, and redesignating subsec. (c) relating to payment of ex- penses of Board as subsec. (b). 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. § 155. National Labor Relations Board; principal office, conducting inquiries throughout coun- try; participation in decisions or inquiries conducted by member The principal office of the Board shall be in the District of Columbia, but it may meet and exercise any or all of its powers at any other place. The Board may, by one or more of its members or by such agents or agencies as it may designate, prosecute any inquiry necessary to its functions in any part of the United States. A member who participates in such an inquiry shall not be disqualified from subsequently par- ticipating in a decision of the Board in the same case. (July 5, 1935, ch. 372, § 5, 49 Stat. 452; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 140.) Editorial Notes AMENDMENTS 1947—Act June 23, 1947, reenacted section without change. 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. § 156. Rules and regulations The Board shall have authority from time to time to make, amend, and rescind, in the man- ner prescribed by subchapter II of chapter 5 of title 5, such rules and regulations as may be nec- essary to carry out the provisions of this sub- chapter. (July 5, 1935, ch. 372, § 6, 49 Stat. 452; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 140.) Editorial Notes CODIFICATION ‘‘Subchapter II of chapter 5 of title 5’’ substituted in text for ‘‘the Administrative Procedure Act’’ on au- thority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. AMENDMENTS 1947—Act June 23, 1947, amended section generally to provide that the rules and regulations issued by the Board should be in the manner prescribed by the Ad- ministrative Procedure Act. 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. § 157. Right of employees as to organization, col- lective bargaining, etc. Employees shall have the right to self-organi- zation, to form, join, or assist labor organiza- tions, to bargain collectively through represent- atives of their own choosing, and to engage in other concerted activities for the purpose of col- lective bargaining or other mutual aid or pro- tection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor or- ganization as a condition of employment as au- thorized in section 158(a)(3) of this title. (July 5, 1935, ch. 372, § 7, 49 Stat. 452; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 140.) Editorial Notes AMENDMENTS 1947—Act June 23, 1947, restated rights of employees to bargain collectively and inserted provision that they have right to refrain from joining in concerted activi- ties with their fellow employees. 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. Page 41 TITLE 29—LABOR § 158 § 158. Unfair labor practices (a) Unfair labor practices by employer It shall be an unfair labor practice for an em- ployer— (1) to interfere with, restrain, or coerce em- ployees in the exercise of the rights guaran- teed in section 157 of this title; (2) to dominate or interfere with the forma- tion or administration of any labor organiza- tion or contribute financial or other support to it: Provided, That subject to rules and regu- lations made and published by the Board pur- suant to section 156 of this title, an employer shall not be prohibited from permitting em- ployees 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 condi- tion of employment to encourage or discour- age 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 es- tablished, maintained, or assisted by any ac- tion defined in this subsection as an unfair labor practice) to require as a condition of em- ployment 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, in the appropriate collective-bargaining unit covered by such agreement when made, and (ii) unless following an election held as provided in section 159(e) of this title within one year preceding the effective date of such agreement, the Board shall have certified that at least a majority of the employees eligible to vote in such election have voted to rescind the authority of such labor organization to make such an agreement: Provided further, That no employer shall justify any discrimina- tion against an employee for nonmembership in a labor organization (A) if he has reasonable grounds for believing that such membership was not available to the employee on the same terms and conditions generally applicable to other members, or (B) if he has reasonable grounds for believing that membership was de- nied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining mem- bership; (4) to discharge or otherwise discriminate against an employee because he has filed charges or given testimony under this sub- chapter; (5) to refuse to bargain collectively with the representatives of his employees, subject to the provisions of section 159(a) of this title. (b) Unfair labor practices by labor organization It shall be an unfair labor practice for a labor organization or its agents— (1) to restrain or coerce (A) employees in the exercise of the rights guaranteed in section 157 of this title: Provided, That this paragraph shall not impair the right of a labor organiza- tion to prescribe its own rules with respect to the acquisition or retention of membership therein; or (B) an employer in the selection of his representatives for the purposes of collec- tive bargaining or the adjustment of griev- ances; (2) to cause or attempt to cause an employer to discriminate against an employee in viola- tion of subsection (a)(3) or to discriminate against an employee with respect to whom membership in such organization has been de- nied or terminated on some ground other than his failure to tender the periodic dues and the initiation fees uniformly required as a condi- tion of acquiring or retaining membership; (3) to refuse to bargain collectively with an employer, provided it is the representative of his employees subject to the provisions of sec- tion 159(a) of this title; (4)(i) to engage in, or to induce or encourage any individual employed by any person en- gaged in commerce or in an industry affecting commerce to engage in, a strike or a refusal in the course of his employment to use, manufac- ture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services; or (ii) to threaten, coerce, or restrain any person en- gaged in commerce or in an industry affecting commerce, where in either case an object thereof is— (A) forcing or requiring any employer or self-employed person to join any labor or employer organization or to enter into any agreement which is prohibited by subsection (e); (B) forcing or requiring any person to cease using, selling, handling, transporting, or otherwise dealing in the products of any other producer, processor, or manufacturer, or to cease doing business with any other person, or forcing or requiring any other em- ployer to recognize or bargain with a labor organization as the representative of his em- ployees unless such labor organization has been certified as the representative of such employees under the provisions of section 159 of this title: Provided, That nothing con- tained in this clause (B) shall be construed to make unlawful, where not otherwise un- lawful, any primary strike or primary pick- eting; (C) forcing or requiring any employer to recognize or bargain with a particular labor organization as the representative of his em- ployees if another labor organization has been certified as the representative of such employees under the provisions of section 159 of this title; (D) forcing or requiring any employer to assign particular work to employees in a particular labor organization or in a par- ticular trade, craft, or class rather than to employees in another labor organization or in another trade, craft, or class, unless such employer is failing to conform to an order or certification of the Board determining the bargaining representative for employees per- forming such work: Provided, That nothing contained in this sub- section shall be construed to make unlawful a